CHAPTER 1. COUNTY BOARDS OF EDUCATION
IC 20-23
ARTICLE 23. ORGANIZATION OF SCHOOLCORPORATIONS
IC 20-23-1
Chapter 1. County Boards of Education
IC 20-23-1-1
Township trustees to constitute county board of education;meetings; powers and duties; funding
Sec. 1. (a) As used in this chapter, "board" means a county boardof education.
(b) As used in this chapter, "county superintendent" means thecounty superintendent of schools.
(c) The township trustees of each township of each countyconstitute a county board of education.
(d) The board shall meet:
(1) monthly at the office of the county superintendent; and
(2) at other times as the county superintendent considersnecessary.
(e) The county superintendent:
(1) is ex officio chairperson of the board; and
(2) shall act as administrator of the board, carrying out the actsand duties designated by the board.
(f) The secretary of the board shall keep an accurate record of theminutes of the board. The minutes shall be kept at the countysuperintendent's office.
(g) A quorum consists of a number of members equal to thenumber of township schools under the administration of the countysuperintendent. However, business may not be transacted unless amajority of the trustees of the township schools under theadministration of the county superintendent is present. Business shallbe transacted and the acts of the board become effective by atwo-thirds (2/3) majority vote of members present on matters comingbefore the board.
(h) This chapter may not be construed as granting the board anyauthority over:
(1) the selection or employment of any personnel or employees;or
(2) the purchase of supplies;
in a township school.
(i) Upon nomination by the county superintendent and with theapproval of two-thirds (2/3) of the members, the board shall enterinto written contracts with additional administrative and supervisoryemployees who are necessary for the proper administration andsupervision of the county school system and the township schools ofthe county.
(j) Except as provided in subsection (i), funds for the salaries ofand supplies for persons employed under this section shall be
provided in the same manner as the fixing and appropriation of thesalaries of the county superintendent.
(k) The salary or fee of a school attorney related to performing theduties of the attorney's office may in part be paid directly from theschool general fund.
(l) The board shall make decisions concerning the general conductof the schools, which shall be enforced as entered upon the minutesrecorded by the secretary of the board.
(m) The board:
(1) shall receive through its treasurer from the state moneyprovided and distributed from the state for teaching units forthose employed by the board; and
(2) is considered to fulfill all requirements of a schoolcorporation for receiving the funds from the state.
(n) The county treasurer is ex officio treasurer of the board,eligible to receive the distribution of funds from the state. Fundsreceived under this section shall be credited to the county generalfund as a receipt against the estimated expenditures for the salariesof the school employees, for which distribution was made by thestate.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.87.
IC 20-23-1-2
County superintendent; appointment; term
Sec. 2. The board by a majority vote of the members of the boardshall appoint a county superintendent of schools who serves for aterm of four (4) years. The board shall fill vacancies in this office, inaccordance with law, by appointment. An appointment to fill avacancy under this section expires at the end of the regular term ofthe county superintendent of schools.
As added by P.L.1-2005, SEC.7.
IC 20-23-1-3
Certain school corporations unaffected
Sec. 3. This chapter may not be construed to affect the status ofor to interfere with a county school corporation created by a boardunder section 6 of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-1-4
Superintendent's duty to pay accrued interest to schoolcorporations
Sec. 4. (a) A county superintendent of schools shall see that thefull amount of interest on the money for the school corporations inthe county is paid and apportioned.
(b) When there is a:
(1) deficit of interest on any school money; or
(2) loss of any school money;
by the county, the county superintendent of schools shall see thatproper warrants are issued for the reimbursement of the appropriate
school corporation. However, the board of county commissionersmay not pay interest that exceeds the amount provided under thischapter to the county superintendent of schools.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.88.
IC 20-23-1-5
Revenues due to state; duties of county superintendent
Sec. 5. (a) The official dockets, records, and books of account ofthe following officers serving in the county must be open at all timesto the inspection of the county superintendent:
(1) Clerks of the courts.
(2) County auditor.
(3) County commissioners.
(4) Prosecuting attorneys.
(5) Mayors of cities.
(6) Township trustees.
(7) School trustees.
(b) If the county superintendent finds that any of the officersdescribed in subsection (a) have neglected or refused to collect andpay over interest, fines, forfeitures, licenses, or other claims due tothe common school fund or other funds of the state, or havemisapplied school money in their possession, the countysuperintendent shall:
(1) bring an action in the name of the state of Indiana for therecovery of the money for the benefit of the common schoolfund or other funds of the state; and
(2) make a report concerning the action to the board of countycommissioners and to the state superintendent.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.89.
IC 20-23-1-6
County board of education; meetings; organizations; powers andduties; appointment of county superintendent
Sec. 6. (a) The township trustees of each township of each countyshall perform all the civil functions performed before March 13,1947, by the township trustees. The township trustees of the countyconstitute a county board of education to manage the affairs of thecounty school corporation created under this chapter in each county.
(b) School cities and school towns retain independentorganization and administration unless abandoned as provided bylaw. The county school corporation includes all areas not organizedon March 13, 1947, into jurisdictions controlled and governed asschool cities or school towns.
(c) The board shall meet:
(1) at the time the board designates at the office of the countysuperintendent; and
(2) at other times and places the county superintendentconsiders necessary.
(d) At the first meeting of each year, to be held on the firstWednesday after the first Monday in January, the board shall
organize by selecting a president, a vice president, a secretary, anda treasurer from its membership.
(e) The county superintendent shall call the board into specialsession. Unless the board elects to have this section remaininoperative, the board shall organize itself. The failure of the countysuperintendent to call the board into session under this section maynot be construed to mean that a county school corporation describedin this section is in existence in the county, and a county schoolcorporation may not be brought into existence until the board has metin special session after March 13, 1947, and has taken action toorganize itself into a county school corporation, after considerationof the question of whether it should elect to have the provisions ofthis section remain inoperative. The organization, if affected, mustbe:
(1) filed with the county auditor; and
(2) published by the county auditor in two (2) newspapers ofdifferent political persuasions of general circulation throughoutthe county within ten (10) days after the filing.
The organization is considered to fulfill the requirements of thissection for the transacting of public business under this section. Thesecretary of the board shall keep an accurate record of the minutes ofthe board, which shall be kept at the county superintendent's office.The county superintendent shall act as administrator of the board andshall carry out such acts and duties as shall be designated by theboard. A quorum consists of two-thirds (2/3) of the members of theboard.
(f) The board shall:
(1) make decisions as to the general conduct of the schools thatmay be enforced as entered in the minutes recorded by thesecretary of the board; and
(2) exercise all powers exercised before March 13, 1947, by orthrough township trustees or meetings or petitions of thetrustees of the county.
(g) The board shall appoint a county superintendent who servesa term of four (4) years. The board shall fill vacancies in this officeby appointments that expire at the end of the regular term. Thecounty superintendent and other persons employed for administrativeor supervisory duties are considered to be supervisors of instruction.
(h) The government of the common schools of the county isvested in the board. The board has the authority, powers, privileges,duties, and obligations granted to or required of school cities beforeMarch 13, 1947, and school towns and their governing boardsgenerally with reference to the following:
(1) The purchase of supplies.
(2) The purchase and sale of buildings, grounds, and equipment.
(3) The erection of buildings.
(4) The employment and dismissal of school personnel.
(5) The right and power to sue and be sued in the name of thecounty.
(6) Insuring property and employees. (7) Making and executing a budget.
(8) Borrowing money.
(9) Paying the salaries and expenses of the countysuperintendent and employees as approved by the board.
(10) Any act necessary to the proper administration of thecommon schools of the county.
(i) A county school corporation organized under this section:
(1) has all right, title, and interest of the predecessor townshipschool corporations terminated under this section to and in allthe real, personal, and other property of any nature and fromwhatever source derived; and
(2) shall assume, pay, and be liable for all the indebtedness andliabilities of the predecessor school corporation.
(j) The treasurer, before entering upon the duties of treasurer'soffice, shall execute a bond to the acceptance of the county auditorin an amount equal to the largest sum of money that will be in thepossession of the treasurer at any one (1) time conditioned as anordinary official bond, with a reliable surety company or at least two(2) sufficient freehold sureties, who may not be members of theboard, as surety or sureties on the treasurer's bond.
(k) The president and secretary shall each give bond, with a suretyor sureties described in subsection (j), to be approved by the countyauditor, in the sum of one-fourth (1/4) of the amount required of thetreasurer under subsection (j). A board may purchase bonds from areliable surety company and pay for them out of the special schoolrevenue of the board's county.
(l) The powers set forth in this section may not be considered orconstrued to:
(1) limit the authority of a board to the powers expresslyconferred in this section; or
(2) restrict or modify any authority granted by any other law notin conflict with this section.
As added by P.L.1-2005, SEC.7. Amended by P.L.2-2006, SEC.90.