reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 2. Definitions › 20-26-2-5. "School Purposes"

Sec. 5. "School purposes" means the general purposes and powers specified in IC 20-26-5-1 and IC 20-26-5-4. However, the delineation of a specific power in IC 20-26-5-4 is not a limitation on the general powers and purposes set out in IC 20-26-5-1.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1-3(c).]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-1. State Policy

Sec. 1. Notwithstanding any other law and subject to section 7 of this chapter, the policy of the state is to grant to each school corporation all the powers needed for the effective operation of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-1.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-2. School Corporation Powers; Resolution of Doubted Existence

Sec. 2. (a) The rule of law that any doubt as to the existence of a power of a school corporation must be resolved against the existence of the power is abrogated.
(b) Any doubt as to the existence of a power of a school corporation must be resolved in favor of the existence of the power. This rule applies when a statute granting the power has been repealed.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-2.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-3. School Corporation Powers; Extent

Sec. 3. (a) The rule of law that a school corporation has only:
(1) powers expressly granted by statute;
(2) powers necessarily or fairly implied in or incident to powers expressly granted through rules adopted by the state board under IC 4-22-2 or otherwise; and
(3) powers indispensable to the declared purposes of the school corporation;
is abrogated.
(b) A school corporation has:
(1) all powers granted to the school corporation by statute or through rules adopted by the state board; and
(2) all other powers necessary or desirable in the conduct of the school corporation's affairs, even if the power is not granted by statute or rule.
(c) The powers that school corporations have under subsection (b)(1) are listed in various statutes. However, these statutes do not list the powers that school corporations have under subsection (b)(2). The omission of a power from a list does not imply that school corporations lack that power.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-3.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-4. School Corporation Powers; Exercise

Sec. 4. A school corporation may exercise any power the school corporation possesses to the extent that the power:
(1) is not expressly denied by the Constitution of the State of Indiana, by statute, or by rule of the state board; and
(2) is not expressly granted to another entity.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-4.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-5. Constitutional or Statutory Exercise of Powers; Written Policy

Sec. 5. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a school corporation that exercises the power shall exercise the power in the specified manner as a minimum requirement.
(b) If there is not a constitutional or statutory provision requiring a specific manner for exercising a power, a school corporation that exercises the power shall:
(1) adopt a written policy prescribing a specific manner for exercising the power; or
(2) comply with a statutory provision permitting a specific manner for exercising the power.
(c) A written policy under subsection (b)(1) must be adopted by the governing body of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-6. Review or Regulation of School Corporation Powers

Sec. 6. A state agency and other agencies may review or regulate the exercise of powers by a school corporation only to the extent prescribed by statute.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-6.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 3. Home Rule › 20-26-3-7. Unavailable Powers

Sec. 7. A school corporation does not have any of the following powers:
(1) Powers expressly prohibited of a unit under IC 36-1-3-8.
(2) Power for eminent domain, unless specifically authorized by statute.
(3) Power to prescribe a civil penalty or a fine.
(4) Power to adopt ordinances.
(5) Power to require the attendance of witnesses and the production of documents relative to matters being considered, unless specifically authorized by statute.
(6) Power to exercise powers outside the boundaries of the school corporation, unless authorized by statute through a joint agreement or otherwise.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-7.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-2. Oath of Members

Sec. 2. A person elected or selected to be a member of a governing body shall take the following oath before taking office:
"I solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Indiana, and the laws of the United States and the State of Indiana. I will faithfully execute the duties of my office as a member of this governing body, so help me God."
However, the governing body may provide for additional provisions to the oath that the governing body considers appropriate for the office.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-1.5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-4. Vacancies in Membership of Governing Body

Sec. 4. If 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 a vacancy in the membership of a governing body occurs, whether the vacancy was of an elected or appointed member, the remaining members of the governing body shall by majority vote fill the vacancy by appointing a person from within the boundaries of the school corporation, with the residence and other qualifications provided for a regularly elected or appointed board member filling the membership, to serve for the term or the balance of the term. However, this subsection does not apply to a vacancy:
(1) of a member who serves on a governing body in an ex officio capacity; or
(2) a vacancy in an appointed board membership if a plan, resolution, or law under which the school corporation operates specifically provides for filling vacancies by the appointing authority.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.96-2012, SEC.7; P.L.219-2013, SEC.91; P.L.233-2015, SEC.94; P.L.193-2021, SEC.107.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-4.5. School Board Vacancy Because of Member's Death

Sec. 4.5. (a) The definitions in IC 3-5-2 apply to this section.
(b) If a vacancy in a school board office exists because of the death of a school board member, the remaining members of the governing body shall meet and select an individual to fill the vacancy after the secretary of the governing body receives notice of the death under IC 5-8-6 and in accordance with section 4 of this chapter.
As added by P.L.119-2005, SEC.33. Amended by P.L.233-2015, SEC.95.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-5. School Corporation Financial Personnel Bond Requirements

Sec. 5. (a) For each school year commencing July 1:
(1) the treasurer of each governing body and the governing body's school corporation;
(2) a deputy treasurer, if so appointed; and
(3) any individual whose official duties include receiving, processing, depositing, disbursing, or otherwise having access to funds:
(A) that belong to a school corporation or the governing body of a school corporation; and
(B) in an amount that exceeds five thousand dollars ($5,000) per year;
shall give a bond for the faithful performance of the treasurer's, deputy treasurer's, or individual's duties written by an insurance company licensed to do business in Indiana, in an amount determined by the governing body. The treasurer shall be responsible under the treasurer's bond for the acts of a deputy treasurer appointed as provided in section 1 of this chapter.
(b) A governing body may authorize the purchase of a blanket bond that:
(1) is endorsed to include faithful performance to cover the faithful performance of all employees and individuals acting on behalf of the governing body or the governing body's school corporation, including the individuals described in subsection (a); and
(2) includes aggregate coverage sufficient to provide coverage amounts specified for each individual who is required to give a bond under this section.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-4.]
As added by P.L.1-2005, SEC.10. Amended by P.L.230-2015, SEC.3; P.L.188-2016, SEC.9.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-6. Bids for Purchase of Supplies or Equipment

Sec. 6. (a) The governing body of any school corporation may designate a committee of at least two (2) of the governing body's members, or a committee of not less than two (2) employees of the school corporation, to open and tabulate bids:
(1) in connection with the purchase of supplies, material, or equipment;
(2) for the construction or alteration of a building or facility; or
(3) for any similar purpose.
(b) Bids described in subsection (a):
(1) may be opened by the committee at the time and place fixed by the advertisement for bids;
(2) must be read aloud and tabulated publicly, to the extent required by law for governing bodies; and
(3) must be available for inspection.
(c) The bids described in subsection (a) must be reported to and the tabulation entered upon the records of the governing body at the governing body's next meeting following the bid opening.
(d) A bid described in subsection (a) may not be accepted or rejected by the committee, but the bid must be accepted or rejected solely by the governing body in a board meeting open to the public as provided in section 3 of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-7. Compensation of Governing Body Members

Sec. 7. (a) Except as provided in IC 20-25-3-3, the governing body of a school corporation by resolution has the power to pay each member of the governing body a reasonable amount for service as a member, not to exceed:
(1) two thousand dollars ($2,000) per year; and
(2) a per diem not to exceed the rate approved for members of the board of school commissioners under IC 20-25-3-3(d).
(b) If the members of the governing body are totally comprised of appointed members, the appointive authority under IC 20-23-4-28(e) shall approve the per diem rate allowable under subsection (a)(2) before the governing body may make the payments.
(c) To make a valid approval under subsection (b), the appointive authority must approve the per diem rate with the same endorsement required under IC 20-23-4-28(f) to make the appointment of the member.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-6.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-8. Approval of Contracts

Sec. 8. Notwithstanding any other law, the president and secretary of the governing body of a school corporation are entitled, on behalf of the school corporation, to sign any contract, including employment contracts and contracts for goods and services. However, each contract must be approved by a majority of all members of the governing body. In the absence of either the president or secretary of the governing body, the vice president is entitled to sign the contracts with the officer who is present.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-8.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-9. Disqualification on Basis of Age Prohibited

Sec. 9. An individual who is at least twenty-one (21) years of age and is otherwise eligible to assume office as a member of a governing body may not be disqualified on the basis of age.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-9.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-10. Property Ownership Not Qualification

Sec. 10. Property ownership is not a qualification for serving as a member of a governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-10.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 4. Organization and Operation of Governing Body › 20-26-4-11. Ineligibility of Teachers and Noncertificated Employees

Sec. 11. In addition to any other eligibility requirements for members of the governing body of a school corporation as set forth in law, an individual who is employed as a teacher or as a noncertificated employee (as defined in IC 20-29-2-11) of the school corporation may not be a member of the governing body of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-11.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-3. Latch Key Programs; Required Compliance

Sec. 3. (a) This section applies to a school age child care program (commonly referred to as a latch key program) operated by a nonprofit or for-profit organization under section 1 or 2 of this chapter.
(b) Before awarding a contract to operate a child care program described in subsection (a), a school corporation must comply with IC 5-22-9.
(c) In a request for proposals prepared under subsection (b), a school corporation must require each responding organization to specify the fee schedule the organization proposes to charge parents for the use of the child care program.
(d) An organization that operates a child care program described in subsection (a) must comply with the guidelines developed by the department and the school corporation for child care programs described in subsection (a).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-1.7.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-4.3. Superintendent Contract; Public Meeting; Internet Posting

Sec. 4.3. (a) At least seven (7) days before a contract for employment is entered into by a governing body and a school superintendent, the governing body shall hold a public meeting on the proposed contract at which public comment is heard. The governing body is not required to disclose the identity of the candidate for superintendent at the public meeting.
(b) Notice of the meeting on the proposed contract shall be given in accordance with IC 5-3-1 and posted on the school corporation's Internet web site.
(c) The notice provided in subsection (b) must:
(1) state that on a given day, time, and place the governing body will meet to discuss and hear objections to and support for the proposed contract; and
(2) set forth the details of the proposed contract, including the actual monetary value of the contract, benefits, and any additional forms of compensation for each year of the contract.
(d) A governing body shall post the provisions of an employment contract that the governing body enters into with a superintendent of the school corporation on the school corporation's Internet web site.
As added by P.L.148-2012, SEC.2.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-4.5. Superintendent and Principal; Personnel Responsibilities

Sec. 4.5. (a) The superintendent is responsible for selecting and discharging principals, central office administrators, business managers, superintendents of building and grounds, janitors, physicians, dentists, nurses, athletic coaches (whether or not they are otherwise employed by the school corporation and whether or not they are licensed under IC 20-28-5), and any other employees necessary to the operation of the school corporation, subject to the approval of the governing body.
(b) Subject to IC 20-28-7.5, the superintendent and principal are responsible for selecting and discharging teachers, teachers aides, assistant principals, building administrative staff, librarians, and any other employees necessary to the operation of the school, subject to the approval of the governing body.
As added by P.L.90-2011, SEC.12.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-4.7. Internet Posting of Contract Provisions for Certain Employees

Sec. 4.7. (a) This section does not apply to a:
(1) superintendent of a school corporation; or
(2) certificated employee (as defined in IC 20-29-2-4) that is represented by an exclusive representative (as defined in IC 20-29-2-9) under IC 20-29.
(b) The superintendent shall post the provisions of an employment contract that the school corporation enters into with a certificated employee on the school corporation's Internet web site.
As added by P.L.148-2012, SEC.3.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-5. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-2.1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.99.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-6. Applicability of Laws Governing State Agencies

Sec. 6. All powers delegated to the governing body of a school corporation under section 1 or 4 of this chapter are subject to all laws subjecting the school corporation to regulation by a state agency, including the secretary of education, state board of accounts, state police department, fire prevention and building safety commission, department of local government finance, environmental rules board, state school bus committee, Indiana department of health, and any local governmental agency to which the state has been delegated a specific authority in matters other than educational matters and other than finance, including plan commissions, zoning boards, and boards concerned with health and safety.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.113-2014, SEC.111; P.L.43-2021, SEC.70; P.L.56-2023, SEC.177.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-7. Representation of Governing Body on Public Boards or Commissions

Sec. 7. Notwithstanding any other statute, the governing body of a school corporation may, by resolution, appoint:
(1) the school corporation's superintendent of schools; or
(2) a person residing within the school corporation's boundaries;
to serve on a public board, commission, or public body, including park boards, library boards, tax adjustment boards, or city or county plan commissions, if legislation requires or allows representation on the public board, commission, or body by a member of the governing body, the school corporation's superintendent, or a designated educator.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-4.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-8. Membership in State and National Associations of Educational Nature; Participation Through Representatives

Sec. 8. (a) The governing body of a school corporation may appropriate necessary funds to provide for membership of the school corporation in state and national associations of an educational nature that have as the associations' purpose the improvement of school governmental operations.
(b) A school corporation may participate through designated representatives in the meetings and activities of the associations. The governing body of the school corporation may appropriate the necessary funds to defray the expenses of the representatives in connection with the meetings and activities.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-9. Classes or Services Between State Educational Institutions and School Corporations

Sec. 9. (a) A school corporation may provide programs, classes, or services to a state educational institution.
(b) A state educational institution may provide programs, classes, or services to a school corporation.
(c) The terms and conditions under which programs, classes, or services are to be provided must be specified in a contract between the state educational institution and the governing body of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-6.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-10.5. Adoption of Policy to Check Employment References

Sec. 10.5. Each school corporation, charter school, and nonpublic school that employs one (1) or more employees, shall adopt a policy requiring the school employer of the school corporation, charter school, or nonpublic school to contact employment references and, if applicable, the most recent employer provided by a prospective employee, before the school corporation, charter school, or nonpublic school may hire the prospective employee.
As added by P.L.185-2017, SEC.3.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-11. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-8.]
As added by P.L.1-2005, SEC.10. Amended by P.L.158-2013, SEC.249; P.L.233-2015, SEC.100; P.L.65-2016, SEC.10; P.L.106-2016, SEC.5; P.L.85-2017, SEC.78; P.L.142-2020, SEC.21; P.L.125-2022, SEC.5. Repealed by P.L.110-2023, SEC.3.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-11.5. Disclosure of Substantiated Reports of Abuse or Neglect; Employment Reference Requests and Disclosure of Certain Incidents Known by a School

Sec. 11.5. (a) As used in this section, "school" includes:
(1) a charter school, as defined in IC 20-24-1-4;
(2) a nonpublic school, as defined in IC 20-18-2-12, that employs one (1) or more employees;
(3) a public school, as defined in IC 20-18-2-15(1); and
(4) an entity in another state that carries out a function similar to an entity described in subdivisions (1) through (3).
(b) Notwithstanding any confidentiality agreement entered into by a school and an employee of the school, a school that receives a request for an employment reference, from another school, for a current or former employee, shall disclose to the requesting school any incident known by the school in which the employee committed an act resulting in a substantiated report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33 if the employee is likely to have direct, ongoing contact with children within the scope of the employee's new employment.
(c) A school may not disclose information under this section that:
(1) identifies a student; or
(2) is confidential student information under the federal Family Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).
(d) A confidentiality agreement entered into or amended after June 30, 2016, by a school and an employee is not enforceable against the school if the employee committed an act resulting in a substantiated report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
(e) Notwithstanding any confidentiality agreement entered into by a school and an employee of the school, a school that receives a request for an employment reference, from another school, for a current or former employee, shall disclose to the requesting school any incident known by the school in which the employee was:
(1) arrested;
(2) charged with a criminal offense;
(3) convicted of a criminal offense;
(4) under court supervision or the supervision of a community correction program as the result of a conviction for a criminal offense (including being placed on home detention, work release, or intermittent incarceration);
(5) the subject of a protection order; or
(6) named as a defendant in a civil action if the civil action could affect the safety of students;
if the employee is likely to have direct, ongoing contact with children within the scope of the employee's new employment. This provision of this subsection concerning a confidentiality agreement applies to a confidentiality agreement entered into or amended after June 30, 2023.
As added by P.L.106-2016, SEC.6. Amended by P.L.110-2023, SEC.5.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-12. Construction of Certain Provisions

Sec. 12. Except for IC 20-26-4-1, IC 20-26-4-4, and IC 20-26-4-5, the powers given each school corporation in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and the limitations on those powers set out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-7.1, IC 20-40-12, and IC 20-48-1 may not be construed to limit the authority of the governing body given by any other statute or rule.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-1.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.118; P.L.270-2019, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-13. Supplemental Effect of Certain Provisions

Sec. 13. Except as provided in section 12 of this chapter, IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are supplemental to all other statutes and rules. The powers given to any school corporation under IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are in addition to those given by any other statute or rule and are not subject to any limitations set out in those statutes or to comply with those statutes, except to the extent provided in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 by specific reference to a designated statute or the statute or rule relating to a given subject.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.119.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-14. Liberal Construction

Sec. 14. IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 shall be liberally construed to permit the governing body of a school corporation to conduct its affairs in a manner consistent with sound business practice to the ends that the authority of the governing body is clarified and that it is permitted to operate with the maximum efficiency consistent with accountability.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.120.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-15. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-4.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-16. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-5.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-17. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-6.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-18. Authority to Join Regional School Study Councils

Sec. 18. For purposes of section 1 of this chapter and under the powers of section 4(a)(20) of this chapter, the governing body of any school corporation may join and associate with groups of other school corporations within Indiana in regional school study councils to examine common school problems and exchange educational information of mutual benefit, and dues to the study councils shall be paid by the school corporation from the operations fund.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-6.5.]
As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015, SEC.101; P.L.118-2016, SEC.6; P.L.244-2017, SEC.43.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-19. Distribution of Payroll Based on Contractual and Salary Schedule Commitments

Sec. 19. A governing body under its powers to fix and pay the salaries and compensation of employees of the school corporation and to contract for services under section 4(a)(8) of this chapter may distribute payroll based on contractual and compensation plan commitments instead of payroll estimates approved in advance by the governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-6.6.]
As added by P.L.1-2005, SEC.10. Amended by P.L.213-2015, SEC.166; P.L.233-2015, SEC.102; P.L.118-2016, SEC.7.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-20. Use of School Facilities; Fees

Sec. 20. The governing body of any school corporation may:
(1) permit any of its facilities to be used by any person in situations and at times that do not interfere with use of the facility for school purposes, including:
(A) use of a swimming pool or other athletic facility; or
(B) use of classrooms or other space in a school for purposes of school age childcare; and
(2) incur any necessary expense in the use or operation of the facility.
The governing body may set up and charge a schedule of fees for admission to or use of any facility outside the school corporation's regular school program. Fees shall be deposited in the operations fund or the extracurricular account of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-7.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.121; P.L.244-2017, SEC.44.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-21. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-9.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-22. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-10.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-22.5. Public School Foundations

Sec. 22.5. (a) A school corporation may participate in the establishment of a public school foundation.
(b) The governing body of a school corporation may receive the proceeds of a grant, a restricted gift, an unrestricted gift, a donation, an endowment, a bequest, a trust, an agreement to share tax revenue received by a city or county under IC 4-33-12-6 or IC 4-33-13, or other funds not generated from taxes levied by the school corporation to create a foundation under the following conditions:
(1) The foundation is:
(A) exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(B) organized as an Indiana nonprofit corporation for the purposes of providing educational funds for scholarships, teacher education, capital programs, and special programs for school corporations.
(2) Except as provided in subdivision (3), the foundation retains all rights to a donation, including investment powers. The foundation may hold a donation as a permanent endowment.
(3) The foundation agrees to do the following:
(A) Distribute the income from a donation only to the school corporation.
(B) Return a donation to the operations fund of the school corporation if the foundation:
(i) loses the foundation's status as a foundation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(ii) is liquidated; or
(iii) violates any condition set forth in this subdivision.
(c) A school corporation may use the proceeds received under this section from a foundation only for educational purposes of the school corporation described in subsection (b)(1)(B).
(d) The governing body of the school corporation may appoint members to the foundation.
(e) The treasurer of the governing body of the school corporation may serve as the treasurer of the foundation.
As added by P.L.214-2005, SEC.64. Amended by P.L.244-2017, SEC.45.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-23. Authorization to Enter Into Agreements Concerning Student Teacher Training

Sec. 23. Public school corporations may enter into agreements with postsecondary educational institutions to provide teaching experience for students of the institutions preparing for the educational profession and for the services of persons working jointly for the school corporation and an institution.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-10-1.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.210.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-24. Contents of Student Teacher Training Agreement

Sec. 24. (a) An agreement under section 23 of this chapter must set out the responsibilities and rights of the public school corporations, the institutions, and the students or persons who supervise the students and who are working jointly for a school corporation and an institution.
(b) An agreement must contain:
(1) a provision for the payment of an honorarium for consulting services by the postsecondary educational institution directly to the supervisor;
(2) a provision that, if the sum paid by the institution to the supervisor should ever be lawfully determined to be a wage rather than an honorarium by an instrumentality of the United States, then the postsecondary educational institution shall be considered under the agreement to be the supervisor's part-time employer; and
(3) a provision requiring a student to be supervised by a certificated employee who has been rated as either highly effective or effective on the certificated employee's latest annual performance evaluation under IC 20-28-11.5.
(c) The provision required by subsection (b)(3) must be included in an agreement entered into or renewed under this chapter after June 30, 2015. Public school corporations and postsecondary educational institutions shall revise agreements in effect on July 1, 2015, to include the provisions required by subsection (b).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-10-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.211; P.L.37-2015, SEC.1; P.L.233-2015, SEC.103; P.L.118-2016, SEC.8.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-25. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-15-1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-26. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-15-2.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-27. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-15-3.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-28. Authority to Establish and Maintain Nursery Schools

Sec. 28. A governing body may establish and maintain nursery schools for the instruction of children less than six (6) years of age. Expenses of operating the nursery schools shall be paid in the same manner as other expenses of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-16-1.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-29. Funding; State or Federal Aid

Sec. 29. A school corporation may establish and maintain nursery schools from the same revenue in the same manner as other grades and departments in the common schools of the school corporation are provided for and may apply for and receive from any state or federal governmental agency any funds as may be made available through the agencies for that purpose.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-16-2.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-30. Maintenance and Support of Nursery School Operated by Incorporated Association

Sec. 30. A school corporation may use funds under IC 36-12-15-4 for the aid, maintenance, and support of nursery schools conducted by an association incorporated to operate a nursery school.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-16-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.122; P.L.1-2009, SEC.122.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-31. School Corporation Police; Autism and Asperger's Syndrome Training

Sec. 31. (a) If a school corporation, including a school city (as defined in IC 20-25-2-12), establishes a school corporation police department, the governing body of the school corporation shall adopt a policy that requires every individual appointed as a school corporation police officer to complete training and education, approved by the state board, that will enable the school corporation police officer to appropriately deal with individuals with autism and Asperger's syndrome.
(b) This subsection applies to a regular or special police officer who is assigned as a security police officer for a school corporation under IC 36-8-3-7. The governing body of the school corporation to which the police officer is assigned shall ensure that the police officer receives training and education, approved by the state board, that will enable the police officer to appropriately deal with individuals with autism and Asperger's syndrome.
As added by P.L.122-2007, SEC.1.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-32. Involvement of Parents With Discipline Plan; Department's Model Discipline Plan

Sec. 32. (a) The governing body of each school corporation shall work with parents to:
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department.
(b) The model plan developed by the department under subsection (a) must:
(1) reduce out-of-school suspension and disproportionality in discipline and expulsion;
(2) limit referrals to law enforcement and arrests on school property to cases in which referral to law enforcement or arrest is necessary to protect the health and safety of students or school employees; and
(3) include policies to address instances of bullying and cyberbullying on school property of a school corporation.
(c) Beginning in the 2019-2020 school year, the department, in collaboration with parent organizations, teacher organizations, educational support professional organizations, and state educational institutions, shall, upon a school corporation's request, provide information and assistance to the school corporation regarding the implementation of the school corporation's evidence based plan developed under subsection (a) to ensure that teachers and administrators receive appropriate professional development and other resources in preparation for carrying out the plan.
As added by P.L.66-2009, SEC.1. Amended by P.L.151-2018, SEC.1.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-32.2. Employee Wage Payment Arrangements

Sec. 32.2. (a) Notwithstanding IC 22-2-5-1, a school corporation, educational service center, or charter school and:
(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees with respect to those employees; or
(3) a labor organization representing its noncertificated employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school corporation, educational service center, or charter school remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned and unpaid. If the employment relationship ends at the conclusion of a school year, the school corporation, educational service center, or charter school may pay the employee the remaining wages owed as provided in the written wage payment arrangement.
(g) Employment with a school corporation, educational service center, or charter school may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.
(i) A wage payment arrangement under this chapter may not contain any terms beyond those permitted to be bargained under IC 20-29-6-4.
As added by P.L.41-2009, SEC.6. Amended by P.L.48-2011, SEC.2; P.L.91-2011, SEC.26; P.L.6-2012, SEC.132; P.L.270-2019, SEC.11.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 5. General Powers and Duties › 20-26-5-32.4. Autism Information Distribution to Noncertificated Employees

Sec. 32.4. The Department of Education shall create a document explaining aspects of autism including behaviors that students with autism may exhibit. Said document is to be distributed to school corporations for distribution to noncertificated employees (as defined in IC 20-29-2-11).
As added by P.L.93-2009, SEC.2.