CHAPTER 10. MERGER OF SCHOOL CORPORATIONS WITHIN COUNTIES
IC 20-23-10
Chapter 10. Merger of School Corporations Within Counties
IC 20-23-10-1
"Concurrent resolutions"
Sec. 1. As used in this chapter, "concurrent resolutions" means
substantially identical resolutions adopted by the governing bodies
of the school corporations in a county.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-2
"Governing body"
Sec. 2. As used in this chapter, "governing body" means the board
or commission charged by law with the responsibility of
administering the affairs of a school corporation, including a board
of school commissioners, metropolitan board of education, board of
school trustees, or board of trustees. In the case of a school township,
the term means the trustees and township board acting jointly.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-3
"Merger"
Sec. 3. As used in this chapter, "merger" means the merger of all
the school corporations in a county into a single school corporation
in which the rights and obligations of each school corporation,
including the right to receive tax and other money, are transferred
into a new corporation to be known in this chapter as the merged
corporation.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-4
"School corporation in the county"
Sec. 4. As used in this chapter, "school corporation in the county"
means all the school corporations that have territory in a county.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-5
Merger resolution; contents
Sec. 5. School corporations in a county may merge in the
following manner:
(1) The governing bodies of the school corporations shall adopt
a concurrent resolution providing for the merger.
(2) The resolutions in subdivision (1) shall be adopted not later
than sixty (60) days after the date the first concurrent resolution
is adopted by a governing body. The resolutions must provide
for the following:
(A) The makeup of board member districts, including that:
(i) board members shall be elected from the entire merged
school corporation, but residence requirements may
provide that members live in different districts;
(ii) the board member districts need not be equal in size or
population, and one (1) board member district may include
the area in the merged school corporation;
(iii) the number of members of the governing body of the
merged school corporation to be elected from a board
member district need not be equal in number; and
(iv) concurrent resolutions may also eliminate
requirements that there be board member districts.
(B) The number of members on the governing body of the
merged school corporation must be:
(i) three (3);
(ii) five (5); or
(iii) seven (7);
members.
(C) The time the merged school corporation comes into
existence.
If a time is not provided when the merged school corporation comes
into existence or if a final judgment in the remonstrance proceeding
is delayed beyond the time set in the concurrent resolutions, the
merged school corporation comes into existence on July 1 following
the adoption of the resolutions or the final judgment, whichever
occurs last.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-6
Notice of adoption of concurrent resolutions; effective date of
merger
Sec. 6. (a) After the last concurrent resolution under section 5 of
this chapter is adopted, notice of the adoption of the concurrent
resolutions shall be given by stating:
(1) the substance of the concurrent resolutions;
(2) that the resolutions have been adopted; and
(3) that a right of remonstrance exists as provided in this
chapter.
It is not necessary to set out the remonstrance provisions of the
statute, but a general reference to the right of remonstrance with a
reference to this chapter is sufficient.
(b) The notice under subsection (a) shall be made two (2) times,
one (1) week apart in two (2) daily newspapers, published in the
English language and of general circulation in the county. If there is
only one (1) daily or weekly newspaper in the county, publication in
that newspaper is sufficient.
(c) The merger shall take effect at the time provided in section 5
of this chapter unless, not more than thirty (30) days after the first
publication of the notice, a remonstrance is filed in the circuit or
superior court of the county by registered voters equal in number to
at least ten percent (10%) of the registered voters of a school
corporation in the county.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-7
Remonstrances; form
Sec. 7. (a) A remonstrance under section 6 of this chapter:
(1) must be in substantially the following form:
The undersigned hereby remonstrates against the merger of the
school corporations in ____________ county;
(2) may be filed in counterparts that must have attached:
(A) the affidavit of the person circulating it;
(B) a statement that each signature appearing on the
remonstrance was affixed in the presence of the person
circulating the remonstrance; and
(C) a statement that each signature is the true and lawful
signature of the person who made it;
(3) shall be accompanied by a complaint filed by one (1) or
more of the remonstrators (who shall be treated as a
representative of the entire class of remonstrators); and
(4) shall be signed by the remonstrator or the remonstrator's
attorney, stating the reasons for the remonstrance, where these
reasons are limited to the following:
(A) There is a procedural defect in the manner that the
merger is carried out which is jurisdictional.
(B) The benefits to be derived from the merger are
outweighed by its detriments, taking into consideration the
respective benefits and detriments of the students and
inhabitants residing in the school corporations of the county.
(b) A person who makes an affidavit under subsection (a) does not
have to be one (1) of the persons who signs the counterpart attached
to the affidavit.
(c) The plaintiff in the suit is the person whose name appears on
the complaint. The defendants in a remonstrance under section 6 of
this chapter are the school corporations in the county. Service of
process shall be made on the defendants as in other civil actions.
(d) To determine whether the petition was timely filed, the time
of filing is the time of filing with the clerk of the circuit court
without regard to the time of issuance of the summons. If the thirtieth
day falls on Sunday, a holiday, or another day when the clerk's office
is not open, the time is extended to the next day when the clerk's
office is open.
(e) The issues in a remonstrance suit are made up by the
complaint, the allegations of the complaint being considered denied
by the defendant or defendants. A responsive pleading does not need
to be filed. However, a defendant may file a motion to dismiss the
suit on the ground:
(1) that the requisite number of qualified remonstrators have not
signed the petition;
(2) that the remonstrance was not timely filed; or
(3) that the complaint does not state a cause of action.
(f) A responsive pleading to a motion to dismiss under subsection
(e) does not need to be filed.
(g) With respect to a motion under subsection (e)(1) and (e)(2),
the allegations are considered denied by the remonstrators.
(h) To determine whether there are the requisite number of
qualified remonstrators under subsection (e)(1), a person may not:
(1) withdraw the person's name after a remonstrance has been
filed; or
(2) add the person's name to a remonstrance that has been filed.
(i) At a trial for a remonstrance suit, a person may, in support or
derogation of the substantive matters in the complaint, introduce into
evidence a verified statement that the person wishes that the person's
name be added to or withdrawn from the remonstrance.
(j) The court may either hear all or a part of the matters raised by
a motion to dismiss separately or may consolidate for trial all or a
part of the matters with the matters relating to the substance of the
case.
(k) A complaint may not be dismissed for failure to state a cause
of action, if a fair reading of the complaint makes out one (1) of the
grounds for remonstrance and suit provided in subsection (a).
(l) An amendment of the complaint may be permitted in the
discretion of the court if the complaint does not state a new ground
of remonstrance.
(m) The trial of a remonstrance suit shall be conducted as other
civil cases by a court without the intervention of a jury on the issues
raised by the:
(1) complaint; or
(2) motion to dismiss.
(n) In a remonstrance suit:
(1) a change of venue from a judge, but no change of venue
from the county, is permitted;
(2) the court will expedite the hearing of the case; and
(3) the court's judgment must be either that:
(A) the merger takes place;
(B) the merger does not take place; or
(C) the remonstrance is dismissed.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-8
Election of board members of merged school corporations
Sec. 8. (a) The board members of a merged school corporation
shall be elected at the first primary election following the merged
school corporation's creation, and vacancies shall be filled in
accordance with IC 20-23-4-30.
(b) Until the first election under subsection (a), the board of
trustees of the merged school corporation consists of:
(1) the members of the governing body of a school corporation
in the county other than a school township; and
(2) the township trustee of a school township in the county.
(c) The first board of trustees shall select the name of the merged
school corporation by a majority vote. The name may be changed by
unanimous vote of the governing body of the merged school
corporation.
As added by P.L.1-2005, SEC.7.
IC 20-23-10-9
Powers of merged school corporation
Sec. 9. A merged school corporation has the powers provided in
IC 20-23-4-26 through IC 20-23-4-33.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.100.