Sec. 4.5. (a) Until the first redistricting required under this section, the school districts for the election of the members of the governing body under section 3(b) of this chapter are the districts set forth in section 4 of this chapter (before its repeal).

     (b) The governing body shall, by resolution, establish the school districts and change their boundaries, if necessary, at times permitted in IC 3-5-10.

     (c) The school districts established must:

(1) be as near as practicable equal in population;

(2) have boundaries set forth in the text of the resolution; and

(3) comply with:

(A) the Constitution of the United States; and

(B) the Constitution of the State of Indiana;

including the equal protection clauses of both constitutions.

     (d) The limitations set forth in this section are part of the resolution, but do not have to be specifically set forth in the resolution. The resolution must be construed, if possible, to comply with this chapter. If a provision of the resolution or an application of the resolution violates this chapter, the invalidity does not affect the other provisions or applications of the resolution that can be given effect without the invalid provision or application. The provisions of the resolution are severable.

     (e) The governing body shall amend the resolution if an amendment is necessary to change the school district boundaries to comply with subsection (c). If the governing body determines that changes to the boundaries of the school districts are not required, the governing body shall recertify that the school districts as established comply with subsection (c).

     (f) Each time the governing body amends the resolution or makes a recertification, the governing body shall file a copy of the following with the board of elections and registration established by IC 3-6-5.2-3 not later than thirty (30) days after the amendment or recertification occurs:

(1) A copy of the amendment or recertification.

(2) One (1) of the following:

(A) A certification that changes to the school district boundaries as established are not required to comply with subsection (c).

(B) If changes to the school district boundaries are required to comply with subsection (c), a map showing the boundaries of the new school districts.

     (g) IC 3-5-10 applies to a plan established under this section.

As added by P.L.271-2013, SEC.44. Amended by P.L.169-2022, SEC.7; P.L.11-2023, SEC.64.