2021 Indiana Code
Title 20. Education
Article 23. Organization of School Corporations
Chapter 6. Consolidation of School Corporations
20-23-6-5.5. Petition to Consolidate; Notice of Election

Sec. 5.5. (a) If twenty percent (20%) of the legal voters residing in any school corporation jointly with twenty percent (20%) of the legal voters in each of one (1) or more other school corporations:

(1) prepare a resolution for a proposed consolidation that sets forth:

(A) subject to section 3(b) of this chapter, the information required in section 3(a)(1) through 3(a)(4) of this chapter; and

(B) if applicable, the declarations in section 12.5 of this chapter; and

(2) petition the trustees of their respective school corporations to consolidate the school corporations, as set forth in the resolution;

each governing body petitioned shall hold, not later than sixty (60) days after the date the governing body receives the resolution and petition, a public meeting for discussion on the proposed consolidation.

(b) If any of the petitioned governing bodies agrees to the proposed consolidation as set forth in the resolution, the governing body shall give notice by publication of its intention to adopt the resolution on the proposed consolidation once each week for two (2) consecutive weeks:

(1) with each notice by publication in a newspaper of general circulation, if any, in each of the school corporations, or, if a newspaper is not published in the school corporation, publication shall be made in the nearest newspaper published in the county in which the school corporation is located; or

(2) with the first publication of notice in the newspaper or newspapers as provided in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web sites of each of the school corporations.

(c) On or before the sixth day following the last publication of the notice of intention to consolidate required under subsection (b), twenty percent (20%) of the legal voters residing in any school corporation proposed to be consolidated may petition the governing body of the school corporation for an election to determine whether or not the majority of the voters of the school corporation is in favor of consolidation.

(d) If a protest has not been filed under subsection (c), the governing bodies may declare by joint resolution the consolidation of the school corporations to be accomplished, to take effect as provided in section 8 of this chapter.

(e) Except as provided in subsection (b), if:

(1) a resolution and petition for consolidation has not been withdrawn thirty (30) days after the date of the public meeting under subsection (a); or

(2) a protest petition described in subsection (c) has been filed;

each governing body shall call an election in each school corporation included in the proposed consolidation in the same manner as described in sections 5 and 6 of this chapter.

(f) The governing body of each school corporation in which an election is held is bound by the majority vote of those voting. If a majority of those voting in any one (1) school corporation votes against the plan of consolidation, the plan fails. If a majority of the votes cast at each of the elections is in favor of the consolidation of two (2) or more school corporations, the trustees of the school corporations shall proceed to consolidate the schools and provide the necessary buildings and equipment. However, the failure does not prevent any or all the school corporations from taking further initial action for the consolidation of school corporations under this chapter.

As added by P.L.169-2017, SEC.5. Amended by P.L.152-2021, SEC.29.