1. (a) This section applies to each school corporation.
2. (b) If a tie vote occurs among any of the candidates, the tie vote shall be resolved under IC 3-12-9-4 .

3. (c) If after the first governing body takes office, fewer candidates have been elected to the school board than there were members to be elected, the governing body shall determine not later than noon December 31 following the election which incumbent member or members continue to hold office under Article 15, Section 3 of the Constitution of the State of Indiana until a successor is elected and qualified. However, if there is a vacancy on the governing body, whether the vacating member was elected or appointed, the following apply:

   1. (1) If the vacating member stated an affiliation with a major political party (as defined in IC 3-5-2-30 ) under IC 3-8-2.5-2.5 (a)(5), the vacancy must be filled by a caucus under IC 3-13-11 . A person appointed under this subdivision:

      1. (A) must be from within the boundaries of the community school corporation; and
      2. (B) serves for the term or balance of the term.
   2. (2) If the vacating member did not state an affiliation with a major political party (as defined in IC 3-5-2-30 ) under IC 3-8-2.5-2.5 (a)(5), the remaining members of the governing body, whether or not a majority of the governing body, shall by a majority vote fill the vacancy by appointing a person from within the boundaries of the community school corporation to serve for the term or balance of the term.

4. (d) An individual appointed under subsection (c) must possess the qualifications provided for a regularly elected or appointed governing body member filling the office. If:

   1. (1) a tie vote occurs among the members of the governing body under subsection (c) or IC 3-12-9-4 ; or

   2. (2) the:

      1. (A) caucus, if the vacancy must be filled under subsection (c)(1); or

      2. (B) governing body, if the vacancy must be filled under subsection (c)(2);

         fails to act within thirty (30) days after any vacancy occurs;

         the judge of the circuit court in the county where the majority of registered voters of the school corporation reside shall make the appointment.

5. (e) A vacancy in the governing body occurs if a member ceases to be a resident of any community school corporation. A vacancy does not occur when the member moves from a district of the school corporation from which the member was elected or appointed if the member continues to be a resident of the school corporation.

6. (f) At the first general election in which members of the governing body are elected:

   1. (1) a simple majority of the candidates elected as members of the governing body who receive the greatest number of votes shall be elected for four (4) year terms; and

   2. (2) the balance of the candidates elected as members of the governing body receiving the next greatest number of votes shall be elected for two (2) year terms.

      Thereafter, all school board members shall be elected for four (4) year terms.

7. (g) Elected governing body members take office and assume their duties on the date set in the school corporation's organization plan. The date set in the organization plan for an elected member of the governing body to take office may not be more than fourteen (14) months after the date of the member's election. If the school corporation's organization plan does not set a date for an elected member of the governing body to take office, the member takes office January 1 immediately after the member's election.

   [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-1-26.5.]

As added by P.L.1-2005, SEC.7. Amended by P.L.230-2005, SEC.78; P.L.179-2011, SEC.12; P.L.219-2013, SEC.78; P.L.193-2021, SEC.102; P.L.195-2025, SEC.23.