CHAPTER 2. COUNTY SUPERINTENDENT OF SCHOOLS
IC 20-23-2
Chapter 2. County Superintendent of Schools
IC 20-23-2-1
Elections; oath; bond; tie vote
Sec. 1. (a) The township trustees of each county shall meet at theoffice of the county auditor on the first Monday in June, 2005, at 10a.m., and every four (4) years thereafter and elect by ballot a countysuperintendent for the county. The county superintendent elected bythe township trustees shall enter upon the duties of the office onAugust 16 following and, unless sooner removed, holds the officeuntil a successor is elected and qualified.
(b) Before entering upon the duties of the office, the countysuperintendent elected under subsection (a) shall:
(1) subscribe and take an oath to perform faithfully the countysuperintendent's duties according to law; and
(2) file the oath with the county auditor.
(c) The county superintendent shall execute, in the mannerprescribed by IC 5-4-1, a bond conditioned upon the faithfuldischarge of the superintendent's duties.
(d) The county auditor shall report the name and address of theperson elected under subsection (a) to the state superintendent.
(e) If a vacancy occurs in the office of county superintendent, thetownship trustees of the county, on at least three (3) days noticegiven by the county auditor, shall assemble at 10 a.m., on the daydesignated in the notice, at the office of the auditor, and fill thevacancy by ballot for the unexpired term.
(f) In all elections of a county superintendent, the county auditoris the clerk of the election. In case of a tie vote, the auditor shall castthe deciding vote. If one (1) candidate receives a number of votesequal to one-half (1/2) of all the trustees of the county, the countyauditor shall then and at all subsequent ballots cast the auditor's votewith the trustees until a candidate receives a majority of all the votesin the county, including the county auditor. The county auditor shallkeep a record of the election in a book kept for that purpose.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-2
Vacancies in office
Sec. 2. If there is an election of a county superintendent undersection 1(a) of this chapter and the person elected dies or fails,refuses, or neglects to assume the duties of the office on or beforeAugust 16 of the year of the election, the township trustees shall:
(1) as soon as possible declare a vacancy in the office of countysuperintendent; and
(2) immediately hold another election to elect a countysuperintendent under section 1(a) of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-3 Impeachment; grounds; procedures
Sec. 3. (a) A county superintendent may be impeached forimmorality, incompetency, or general neglect of duty, or for actingas agent for the sale of any textbook, school furniture, maps, charts,or other school supplies.
(b) Impeachment proceedings are governed by the provisions oflaw for impeaching county officers.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-4
Duties of county superintendent
Sec. 4. (a) The county superintendent has the generalsuperintendence of the schools of the superintendent's county. Thecounty superintendent shall do the following:
(1) Attend each township school at least one (1) time duringeach school year, and otherwise as often as possible.
(2) Preside over and conduct each school's exercises.
(3) Visit schools while the schools are in session to increase theschools' usefulness and elevate, as far as practicable, the poorerschools to the standard of the best.
(4) Conduct teachers' institutes and encourage other likeassociations.
(5) Labor, in every practicable way, to elevate the standard ofteaching and to improve the condition of the schools of thesuperintendent's county.
(b) This subsection does not apply to a dispute concerning:
(1) the legality of school meetings;
(2) the establishment of schools;
(3) the location, building, repair, or removal of schoolbuildings;
(4) the transfer of individuals for school purposes; or
(5) the resignation or dismissal of teachers.
In all controversies of a general nature arising under the school law,the decision of the county superintendent must first be obtained. Anappeal may be taken from the county superintendent's decision to thestate superintendent on a written statement of facts, certified by thecounty superintendent.
(c) This chapter may not be construed to change or abridge thejurisdiction of any court in cases arising under the school laws ofIndiana. The right of any person to bring suit in any court, in anycase arising under the school laws, is not abridged by this chapter.
(d) The county superintendent:
(1) shall carry out the orders and instructions of the state boardand the state superintendent; and
(2) constitutes the medium between the state superintendent andsubordinate school officers and the schools.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-5
Exemption of city schools from superintendent's authority Sec. 5. City schools that have appointed superintendents areexempt from general superintendence under this chapter upon awritten request of the school board of the city.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-6
Office and supplies; compensation
Sec. 6. The board of county commissioners shall:
(1) provide and furnish an office for the county superintendent;and
(2) allow and pay all costs incurred by the countysuperintendent for postage, stationery, and records in carryingout this chapter, upon satisfactory proof of the costs incurredsubmitted by the county superintendent.
The county superintendent shall be paid for the countysuperintendent's services the sum of four dollars ($4) per day.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-7
Eligibility for office
Sec. 7. (a) A person may not hold the office of countysuperintendent unless the person:
(1) has at least five (5) years successful experience as a teacherin the public schools; and
(2) holds, at the time of the person's election, a first or secondgrade superintendent's license.
(b) This chapter does not:
(1) apply to; or
(2) disqualify;
an incumbent of the office of county superintendent.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-8
Traveling expenses
Sec. 8. (a) The county superintendent of schools is entitled toreceive as actual traveling expenses in discharging the duties of thesuperintendent's office a sum of not more than three hundred dollars($300) per year.
(b) The county council may annually appropriate an amountsufficient to pay the expenses described in subsection (a).
(c) The board of county commissioners shall allow an amountappropriated under subsection (b) by a county council.
As added by P.L.1-2005, SEC.7.