CHAPTER 3. BOARD OF SCHOOL COMMISSIONERS; OFFICERS AND EMPLOYEES
IC 20-25-3
Chapter 3. Board of School Commissioners; Officers andEmployees
IC 20-25-3-1
Board of school commissioners; corporate name
Sec. 1. (a) The government, management, and control of allcommon schools and common school libraries in the school city arevested in a board of school commissioners that consists of seven (7)school commissioners.
(b) The corporate name of the school city is "The Board of SchoolCommissioners of the City of ____________" (the blank being filledwith the name of the civil city), and by that corporate name theschool city shall:
(1) contract;
(2) be contracted with;
(3) sue; and
(4) be sued.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-2
Board of school commissioners; powers; liabilities
Sec. 2. (a) The school city board has the following powers:
(1) The powers conferred upon school cities by Acts 1871, c.15.
(2) The powers conferred by law as of March 9, 1931, onboards of school commissioners in cities having a population ofone hundred thousand (100,000) or more.
(3) The powers conferred by all laws in effect as of March 9,1931, on boards of school commissioners in cities having apopulation of more than two hundred thousand (200,000) ormore than three hundred thousand (300,000).
(4) The powers conferred under IC 20-26-1, IC 20-26-2,IC 20-26-3, IC 20-26-4, IC 20-26-5, IC 20-26-7, and IC 20-41-1,except as otherwise provided in this chapter.
(b) A school city board provided for by this chapter, in itsrespective school city, is liable for and must pay and discharge all ofthe indebtedness, liabilities, and obligations of a board elected in theschool city under any of the statutes listed in this section and underthis chapter.
(c) The board is vested with the title and ownership of all propertyof every kind of the existing school city.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.112.
IC 20-25-3-3
Board of school commissioners; qualifications; conflicts of interest;oath; compensation
Sec. 3. (a) A member of the board must:
(1) be a resident voter of the school city; and
(2) have been a resident of the school city for at least one (1)year immediately preceding the member's election. (b) A board member may not:
(1) serve in an elective or appointive office under the board orunder the government of the civil city while serving on theboard; or
(2) knowingly have a pecuniary interest as described inIC 35-44-1-3(g) in a contract or purchase with the school city inwhich the member is elected.
If, at any time after a member is elected to the board, the boardmember knowingly acquires a pecuniary interest in a contract orpurchase with the school city, the member is disqualified to continueas a member of the board, and a vacancy in the office is created.
(c) Each member of the board shall, before assuming the duties ofoffice, take an oath, before a person qualified to administer oaths,that:
(1) the member possesses all the qualifications required by thischapter for membership on the board;
(2) the member will honestly and faithfully discharge the dutiesof office;
(3) the member will not, while serving as a member of theboard, become interested, directly or indirectly, in any contractwith or claim against the school city, except as authorized bylaw; and
(4) in the performance of official duties as a member of theboard, including the selection of the board's officers, agents,and employees, the member will not be influenced by anyconsideration of politics or religion; and
(5) the member will be controlled in the selection of officers,agents, and employees only by considerations of merit, fitness,and qualification.
(d) Board members are entitled to receive compensation not toexceed the amount allowed under IC 20-26-4-6 and a per diem not toexceed the rate approved for members of the city-county councilestablished under IC 36-3-4 for attendance at each regular andcommittee meeting as determined by the board.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-4
School board; election procedures; vacancies
Sec. 4. (a) The board consists of seven (7) members. A member:
(1) must be elected on a nonpartisan basis in primary electionsheld in the county as specified in this section; and
(2) serves a four (4) year term.
(b) Five (5) members shall be elected from the school boarddistricts in which the members reside and two (2) members must beelected at large. Not more than two (2) of the members who serve onthe board may reside in the same school board district.
(c) If a candidate runs for one (1) of the district positions on theboard, only eligible voters residing in the candidate's district mayvote for that candidate. If a person is a candidate for one (1) of theat-large positions, eligible voters from all the districts may vote for
that candidate.
(d) If a candidate files to run for a position on the board, thecandidate must specify whether the candidate is running for a districtor an at-large position.
(e) A candidate who runs for a district or an at-large position winsif the candidate receives the greatest number of votes of all thecandidates for the position.
(f) Districts shall be established within the school city by the stateboard. The districts must be drawn on the basis of precinct lines, andas nearly as practicable, of equal population with the population ofthe largest district not to exceed the population of the smallestdistrict by more than five percent (5%). District lines must not crossprecinct lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shallbe filled temporarily by the board as soon as practicable after thevacancy occurs. The member chosen by the board to fill a vacancyholds office until the member's successor is elected and qualified.The successor shall be elected at the next regular school boardelection occurring after the date on which the vacancy occurs. Thesuccessor fills the vacancy for the remainder of the term.
(i) An individual elected to serve on the board begins theindividual's term on July 1 of the year of the individual's election.
(j) Notwithstanding any law to the contrary, each voter must casta vote for a school board candidate or school board candidates byvoting system or paper ballot. However, the same method used tocast votes for all other offices for which candidates have qualified tobe on the election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of amember, the remaining members of the board shall meet and selectan individual to fill the vacancy in accordance with subsection (h)after the secretary of the board receives notice of the death underIC 5-8-6.
As added by P.L.1-2005, SEC.9. Amended by P.L.119-2005, SEC.32;P.L.1-2006, SEC.322.
IC 20-25-3-5
Board of school commissioners; organization
Sec. 5. The board in a school city shall organize in the manner setforth in IC 20-26-4-1.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-6
Standing committee; appointments; hiring and compensation ofofficers and employees; bylaws and rules
Sec. 6. (a) A member of a standing committee of the boardprovided for by the board's rules shall be appointed by the presidentwithin three (3) weeks after the president's election to the office of
president.
(b) Subject to the limitations in this chapter, the board may fix thesalaries of each officer and employee of the board.
(c) The board in:
(1) electing and choosing a general superintendent; and
(2) employing agents and employees that the board considersnecessary to conduct the business of the school city;
shall choose individuals whose qualifications peculiarly fit thepositions the individuals will occupy.
(d) The board shall contract for and establish the amount of salaryor compensation to be paid to each officer, agent, and employeechosen or elected by the board. The board shall adopt a schedule ofsalaries that the board considers proper, and for the purpose ofestablishing a salary schedule, the board may divide teachers,principals, and other employees into classes based upon efficiency,qualifications, experience, and responsibility. Each principal,teacher, or employee in a class shall receive the same regular salarygiven to each of the other members of the same class, subject to theprovisions of this article.
(e) The board may:
(1) by rule fix the time and the number of meetings of theboard, except that one (1) regular meeting must be held in eachcalendar month; and
(2) make, amend, and repeal bylaws and rules for:
(A) the board's own procedure; and
(B) the government and management of:
(i) the board's schools; and
(ii) property under the board's control.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-7
Written resolutions required
Sec. 7. Each legislative act of the board must be by writtenresolution.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-8
Selection and compensation of officers and employees
Sec. 8. (a) The board may:
(1) determine the number of employees of the board;
(2) prescribe the employees' duties; and
(3) fix the employees' compensation.
(b) The board shall adopt rules for obtaining, by open competitionand without regard to religious or political belief, lists of candidatesfrom which all teachers and all other officers and employees areselected.
(c) The selection of a candidate as a teacher, an officer, or anemployee must be based solely on the fitness of the candidate underthe rules adopted under subsection (b).
As added by P.L.1-2005, SEC.9.
IC 20-25-3-9
General superintendent; appointment; term; compensation
Sec. 9. (a) The board shall appoint a general superintendent if avacancy occurs or will imminently occur in the office of thesuperintendent due to the:
(1) expiration of the term; or
(2) death, resignation, or removal from office;
of the incumbent superintendent.
(b) The board's election of a superintendent shall be effected byresolution of the board. The resolution must specify the day on whichthe superintendent's term begins and the day on which thesuperintendent's term ends. The board may not appoint asuperintendent for a term longer than four (4) years.
(c) The superintendent's salary must be prescribed in theresolution declaring the superintendent's appointment and must bepaid to the superintendent in a frequency determined by the board,but not less frequently than monthly.
(d) The board shall:
(1) act upon the recommendations of the superintendent; and
(2) make other decisions and perform other duties that fallwithin the general framework of the laws of the state.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-10
Superintendent; duties; recommendations to board
Sec. 10. (a) The superintendent shall act as general administratorof the school city and make recommendations to the boardconcerning:
(1) the conduct of the schools;
(2) the employment and dismissal of personnel;
(3) the purchase of supplies;
(4) the construction of buildings; and
(5) all other matters pertaining to the conduct of the schoolswithin the general framework of the school laws of the state.
(b) The superintendent shall:
(1) attend all meetings of the board, except when thesuperintendent's appointment is under consideration;
(2) carry out the orders of the board; and
(3) make all other decisions and perform all other duties that areprescribed by law or that reasonably fall within thesuperintendent's power and jurisdiction.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-11
Payments from funds of board
Sec. 11. (a) Except as provided in subsections (b) and (c), apayment made from money of the board must be made in accordancewith budget appropriations.
(b) If a payment is from a fund of the board that is not subject tobudgeting and appropriation but has been transferred to the board for
specific purposes, the payment must be made:
(1) in accordance with the terms of the fund being drawn uponthat are made available to the board; and
(2) after the superintendent has approved the proposed payment.
(c) If a payment is from a fund of the board that is not subject tobudgeting and appropriation and is unrestricted as to the purposes forwhich it may be expended, the payment must be made in accordancewith the prior:
(1) direction of the superintendent; or
(2) order of the board.
(d) Not later than thirty (30) days after a payment undersubsection (b) or (c) is made from a fund of the board, thesuperintendent shall report the payment to the board for approval.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-12
Appointment or discharge of employees other than teachers;hearings; appeal
Sec. 12. (a) An appointment or discharge of an employee of theschool city must be:
(1) made in conformity with the rules of the board; and
(2) reported at the meeting of the board that follows the date ofeach appointment or discharge by the superintendent.
(b) The superintendent's actions reported to the board under thissection are subject to the approval of the majority of the board.
(c) A discharge operates as a suspension until the discharge isapproved by the board.
(d) A school employee of the school city, except a probationaryemployee discharged before the end of the employee's probationaryperiod, is entitled to request a hearing before being discharged. Uponwritten request for a hearing from the school employee, thesuperintendent shall appoint a hearing examiner.
(e) The hearing examiner appointed by the superintendent undersubsection (d) may be an individual on the school city'sadministrative staff or the school city's counsel, as long as thehearing examiner:
(1) did not recommend the discharge of the employee;
(2) will not be a witness at the hearing; and
(3) has no involvement in the recommendation to discharge theemployee.
(f) The hearing examiner shall:
(1) make a written report of the hearing examiner's findings andconclusions; and
(2) submit the report to the superintendent.
(g) An employee may appeal in writing an adverse decision of thehearing examiner to the board. Upon appeal, the board shall reviewthe decision of the hearing examiner and may receive additionalevidence or testimony.
(h) The board shall adopt rules and procedures that afford anemployee, other than a probationary employee, the right to a hearing
and the right to appeal under this section.
(i) This section does not apply to teachers.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-13
Appropriations by board
Sec. 13. (a) Money may not be drawn from the treasury of theboard except for appropriations made:
(1) by the board; and
(2) upon an aye and nay vote recorded in the board's minutes.
(b) An appropriation may not be made for a period extendingbeyond December 31 of the current calendar year.
(c) Except as otherwise provided in this article, at the end of afiscal year, all unexpended balances of all appropriations, exceptappropriations from tuition funds and the capital projects fund, revertto the board's general fund.
(d) General fund money that has been obligated but not paid at theend of a fiscal year may be paid without a new appropriation. Exceptas otherwise provided in this article, money obligated under thissubsection does not revert to the board's general fund at the end ofthe fiscal year in which the money is appropriated, unless the boardby affirmative act causes the money to revert.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-14
Books, accounts, and vouchers of board; examination by stateboard of accounts
Sec. 14. (a) The books, accounts, and vouchers of the board andof all the board's officers and employees may be examined by thestate board of accounts at a time selected by the state board ofaccounts.
(b) An officer or employee of the board shall, on request of thestate board of accounts:
(1) produce and submit to the state board of accounts forexamination all:
(A) books;
(B) papers;
(C) documents;
(D) vouchers;
(E) accounts; and
(F) records;
of the board in the possession of the officer or employee orbelonging to the office of the officer or employee; and
(2) assist in every way the state board of accounts in its work inmaking an examination.
As added by P.L.1-2005, SEC.9.
IC 20-25-3-15
Treasurer's receipts for payments
Sec. 15. (a) Money payable to the board must be paid to the
board's treasurer. The treasurer's receipt for the money must be filedwith the business manager of the board.
(b) The business manager, after receiving the treasurer's receipt,shall issue a quietus. The business manager's quietus alone issufficient evidence of payment to the board.
(c) Only the treasurer of the board may collect or receive moneypayable to the board. A payment made to an individual other than thetreasurer and a receipt given by an individual other than the treasurerare void as against the board.
As added by P.L.1-2005, SEC.9.