Bennett, 032211 INAGO, AGO 2011-3

• Case Date: March 22, 2011
• Court: Indiana

Dr. Tony Bennett AGO 2011-3 Official Opinion No. 2011-3 Indiana Attorney General Opinion March 22, 2011          Dr. Tony Bennett          Superintendent of Public Instruction          Indiana Department of Education          200 W. Washington St.          Indianapolis, IN 46204          RE: County School Reorganization Plan          Dear Dr. Bennett:          This letter is in response to your request for an Attorney General opinion regarding your authority to propose changes to a county's school reorganization plan pursuant to Ind. Code § 20-23-4-38(b). Specifically, you ask whether you may submit to the State Board of Education a proposal from a group of private citizens that seeks to divide an existing school corporation into two separate school corporations even though the existing school corporation's governing body is opposed to the plan.          BRIEF ANSWER          You may submit to the State Board of Education proposed changes to a school corporation's reorganization plan on two conditions. First, the county committee for reorganization of school corporations must have been dissolved following the reorganization of an entire county. Second, you consider "further reorganization necessary to improve educational opportunities for the students in the county." Ind. Code § 20-23-4-38(b). In determining whether further reorganization is necessary, the superintendent must consider state policy located at Ind. Code § 20-23-6-16.          ANALYSIS          The Indiana Code sets up the method in which school corporations may reorganize into community school corporations. See generally Ind. Code Chpt. 20-23-4. Given the information provided in your letter it appears the reorganization mentioned would fall under this chapter. The method to reorganize a county into one or more community school corporations begins with the creation of a nine member county committee for the reorganization of schools. See Ind. Code § 20-23-4-11. That committee then creates a preliminary reorganization plan, holds a public hearing on the plan, and...