CHAPTER 4. GENERAL ADMINISTRATIVE PROVISIONS
IC 20-25-4
Chapter 4. General Administrative Provisions
IC 20-25-4-1
Contracts or obligations; appropriations
Sec. 1. A contract or an obligation is not binding on the boardunless the board makes an appropriation for the contract orobligation.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-2
Contracts involving more than $75,000; bidding for supplies andmaterials
Sec. 2. (a) A contract involving more than seventy-five thousanddollars ($75,000) must be:
(1) in writing;
(2) executed in the name of the board by:
(A) the board's business manager; or
(B) another board designated employee; and
(3) approved by the board.
(b) If money for a contract or purchase has been appropriated bythe board, the designated employee may make contracts andpurchases not exceeding seventy-five thousand dollars ($75,000) inany one (1) transaction. A contract and purchase under thissubsection must be reported to the board at its next regular meeting.
(c) A purchase of supplies or materials may not be made from one(1) person, firm, limited liability company, or corporation at any one(1) time or in any one (1) transaction totalling more than tenthousand dollars ($10,000) unless bids for the purchase of thesupplies or the materials have been advertised and accepted. Theboard shall determine the mode and manner of advertising for bidsfor supplies and materials.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-3
School building improvements; bidding procedure
Sec. 3. (a) This section does not apply if the board by formal voteelects to:
(1) build;
(2) enlarge;
(3) make alterations to; or
(4) make improvements to;
a school or building owned by the board if the project described insubdivisions (1) through (4) will cost not more than fifteen thousanddollars ($15,000) and the board intends to complete the project usingits own employees.
(b) If subsection (a) does not apply and the board determines to:
(1) build;
(2) enlarge;
(3) make alterations to; or (4) make improvements to;
a school or building owned by the board, the cost of which isestimated to be more than ten thousand dollars ($10,000), thebusiness manager or other board designated employee shall advertisefor bids in the manner provided in subsection (c).
(c) The advertisements for bids must be placed as follows:
(1) One (1) advertisement must be placed each week for three(3) weeks.
(2) The first advertisement must be placed at least twenty-one(21) days before the bids are opened.
(3) The advertisement must be placed in two (2) newspapers ofgeneral circulation in the city.
The board shall enter in full in the minutes that advertisements forbids have been placed under this subsection.
(d) If bids are taken under this section, a bid must be:
(1) enclosed by the bidder in an envelope sealed by the bidder;and
(2) presented at a meeting of the board or the bid committee ofthe board at the time and place fixed by the advertisement.
A bid may not be received after the time established in theadvertisement.
(e) The business manager at the hour established in theadvertisements and in the presence of the board or the bid committeeshall open all the bids. The bids must then be publicly read by adesignated employee and be immediately entered in full in therecords of the board.
(f) The board shall, by general rules, specify the condition of eachbid, and only the lowest and best bids from responsible bidders maybe accepted. The board may, if the board has reason to suspectcollusion among bidders, reject the bids of all bidders involved in thecollusion.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-4
Designation of bid committee; opening and tabulating of bids
Sec. 4. (a) Notwithstanding any other law, the board maydesignate a committee of the board, which may consist of employeesor officers of the board, to open or tabulate bids at a date, time, andplace fixed by advertisement for:
(1) the purchase of:
(A) supplies;
(B) material;
(C) equipment; or
(D) land;
(2) the building, enlargement, or alteration of any schoolbuilding; or
(3) any other purpose.
(b) The committee of the board shall open and tabulate each bidthat is presented to the committee. The bids shall be:
(1) read and tabulated publicly; (2) immediately entered in the record of the board; and
(3) reported to the board at the board's next meeting.
(c) A bid shall be accepted or rejected by the committee of theboard under this section. The bid shall be accepted or rejected by theboard in an official board meeting.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-5
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-6
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-7
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-8
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-9
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-10
Limitations on debt; eminent domain power of board of schoolcommissioners
Sec. 10. (a) If the compensation to be paid for the purchase of realestate or an interest in real estate required by the board for theboard's purposes cannot be agreed upon or determined by the:
(1) board; and
(2) persons owning or having an interest in the land desired;
the board may, by eminent domain, determine the compensation andacquire the title to the real estate or interest in the real estate by courtaction under IC 32-24.
(b) The right and power of the board to own and acquire realestate and interests in real estate in any manner and for any purposespecified in this chapter or by the general school laws of Indiana isnot limited to real estate situated within the corporate boundaries ofthe civil city in which a school city is located. However, the right andpower to acquire and own real estate extends to any parcel or traceof real estate the whole of which is situated:
(1) within one-half (1/2) mile of the nearest point on thecorporate boundary of the civil city;
(2) within a platted territory:
(A) outside but contiguous to; or
(B) contiguous to another platted territory that is contiguous
to;
the corporate boundary of the civil city; or
(3) within one-half (1/2) mile of the nearest point of theboundary of a platted territory:
(A) outside but contiguous to; or
(B) contiguous to another platted territory that is contiguousto;
the corporate boundary of the civil city.
"Platted territory", as used in this subsection, means a territory orland area for which a plat has been recorded in the manner providedby Indiana law pertaining to the recording of plats of land.
(c) Before acquiring any real estate or interest in real estateoutside the corporate limits of the civil city, the board must, byresolution entered into the record of the board's corporate minutes,find and determine that, in the judgment of the board, the real estateor interest in real estate to be acquired will be needed for the futurepurposes of the board. This chapter does not limit the right of anyboard to accept, own, and hold real estate or an interest in real estate,wherever situated, that is acquired by the board by gift or devise.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.113.
IC 20-25-4-11
Board of school commissioners; powers and duties conferred bylaw
Sec. 11. The board has the powers and duties conferred upongoverning bodies by existing statutes and by the general school laws,including 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, to the extent the powers andduties are consistent with this chapter.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.114.
IC 20-25-4-12
Board of school commissioners; powers; prohibited landacquisitions
Sec. 12. (a) The board may:
(1) except as provided in subsection (b), acquire by purchase,devise, gift, lease, or condemnation grounds needed by theschool city;
(2) construct or lease buildings for school, schooladministration, or school office purposes;
(3) employ and pay all employees needed in any branch of thework committed to the board;
(4) disburse, according to law, all money of the school city forlawful school city purposes;
(5) have and exercise in the school city full and exclusive:
(A) authority concerning the conduct and management of allcommon schools, including elementary schools and highschools; and
(B) power to establish and enforce all regulations for the:
(i) grading of; and (ii) courses of;
instruction in all schools and for the government anddiscipline of the schools;
(6) divide the city into districts for school attendance purposes;
(7) maintain special day or night schools to which the boardmay admit adults and children at least fifteen (15) years of age;and
(8) maintain playgrounds and vacation schools.
(b) The board may not acquire the following real property:
Lots 693-719, inclusive, and 7 1/2 feet west of and adjacent tosuch lots, in Norcliffe Addition, an addition to the city ofIndianapolis, as per plat thereof, recorded in plat book 18 atpages 165 and 166, in the office of the recorder of MarionCounty, Indiana.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-13
Operating expenses for special schools and vacation schools;imposition of fees
Sec. 13. The expense of operating special schools under section12(a)(7) of this chapter and playgrounds and vacation schools undersection 12(a)(8) of this chapter must be paid out of the board'sgeneral fund. The board may make and impose fees that the boardconsiders reasonable for:
(1) enrollment of any high school graduate in any class offeredin a special school; and
(2) enrollment by any person at least seventeen (17) years ofage in any special school class that does not provide credittoward graduation or progression in the regularly maintainedcommon schools in the school city.
The receipts from fees under this section become a part of the board'sgeneral fund.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-14
School cities; power to sell real estate and transfer personalproperty
Sec. 14. (a) A school city may:
(1) sell real estate;
(2) transfer personal property; and
(3) execute deeds of conveyance and instruments of transferwith or without covenants of warranty;
if, in the opinion of the board, the real estate or personal propertycannot be advantageously used for school or library purposes and canbe sold for its fair cash value.
(b) A determination by the board that real estate or personalproperty cannot be advantageously used under subsection (a) mustbe entered into the record of the minutes of the school city's board.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-15
Absence of board commissioners or employees; reimbursement forexpenses
Sec. 15. (a) The board may, subject to the board's rules, authorizea member of the board or an officer or individual employed by theboard to be absent from the school city in the interest of the schoolcity without loss of compensation.
(b) The board may refund to an individual described in subsection(a) necessary expenses incurred during the individual's absence. Theamount refunded under this subsection must be paid from the board'sgeneral fund.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-16
Industrial or manual training and education system; establishment
Sec. 16. (a) The board may establish and conduct a system ofindustrial or manual training and education in connection with andas part of the board's common school system.
(b) Industrial or manual training or education may include:
(1) the principal use of tools and mechanical implements; and
(2) the elementary principles of mechanical construction,mechanical drawing, and printing.
The board shall employ competent instructors in each of the varioussubjects.
(c) The board shall establish rules and regulations for theadmission of students to the industrial and manual training educationsystem. The rules and regulations must, in the judgment of the board,produce the best results and provide instruction to the largestpracticable number of students. The instruction in industrial andmanual training education may be given in space provided in schoolbuildings or in separate buildings if, in the judgment of the board, itis most advantageous.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-17
Industrial or trade school properties acquired by gift; maintenanceand operation of trade school; transfer tuition charges;nonresidents
Sec. 17. (a) If a school city acquires title to or possession of realestate, buildings, and personal property in the school city by gift ordonation, and the real estate, building, or personal property was usedas an industrial or trade school for the education of youths in thetrades of:
(1) printing;
(2) lithography;
(3) machine making;
(4) molding;
(5) typesetting;
(6) bricklaying;
(7) tile setting; (8) pattern making;
(9) pharmacy; or
(10) other trades or occupations;
the board may, by the use of the board's school funds, maintain andoperate the industrial or trade school or schools.
(b) If real estate, a building, or personal property is acquired bythe school city under subsection (a), the board shall:
(1) perform any conditions incident to the school city'sacquisition of the property;
(2) maintain and operate the trade school and real estate,building, or personal property;
(3) employ competent instructors in the various subjects to betaught;
(4) purchase all necessary tools, implements, supplies, andapparatus; and
(5) establish general rules and requirements for:
(A) admission of pupils to the school or schools;
(B) the courses of instruction; and
(C) the conduct of the trade or industrial schools;
that, in the board's judgment, will produce the best results andgive instruction to the largest practicable number of students.
The school city may also use the real estate, building, or personalproperty acquired under subsection (a) for other school purposes, butnot for any purpose that will materially interfere with the conduct ofthe trade or industrial schools.
(c) The transfer tuition charge for each student who:
(1) is transferred to the school city from another schoolcorporation in Indiana; and
(2) receives trade or industrial instruction in a trade or industrialschool located on property acquired under subsection (a);
must be the actual per capita cost of operating the school the studentattends. However, the costs of permanent improvements or additions,the salaries of the superintendents, or the costs of apparatus orrepairing broken or damaged apparatus may not be used incomputing the actual per capita cost.
(d) If the school city admits a student to a trade school acquiredby means described in this section and the student is not, by law,entitled to school privileges, the tuition charge for the student maynot be greater than the per capita cost of operating the school thestudent attends. The cost of permanent improvements and additionsmay not be included in computing the cost under this subsection.
(e) A school city may admit to the school city's career andtechnical, trade, or industrial schools nonresidents of Indiana. Anonresident student must pay reasonable laboratory and shop feesand a tuition fee of not more than the per student cost to the schoolcity conducting the career and technical, trade, or industrial schools.A return on capital invested in buildings, grounds, or equipment maynot be included in computing the per student cost under thissubsection.
As added by P.L.1-2005, SEC.9. Amended by P.L.234-2007,
SEC.102.
IC 20-25-4-18
Authority of school cities to accept property in trust
Sec. 18. (a) A school city may accept property in trust to be usedfor common school or career and technical, trade, or industrial schoolpurposes. The school city, whether made trustee by appointment ofa court or by the founder of the trust, may carry out the terms of thetrust in conducting common schools or career and technical, trade,or industrial schools.
(b) If a school city by:
(1) resolution of; or
(2) other formal corporate action of;
the board accepts real estate or other property in trust undersubsection (a), the school city shall perform all requirements madeconditions of the trust performable by the trustee.
As added by P.L.1-2005, SEC.9. Amended by P.L.234-2007,SEC.103.
IC 20-25-4-19
School lunches; expenses
Sec. 19. (a) If the board determines it will promote the health ofschool children and advance the educational work of the schools, theboard may provide for the serving of lunches to the studentsattending designated schools.
(b) The board may:
(1) establish kitchens and lunch rooms;
(2) provide equipment suitable for kitchens and lunch rooms;
(3) make other necessary provision for furnishing and servinglunches; and
(4) employ a director and other necessary assistants oremployees;
to provide lunches under subsection (a).
(c) The board shall pay the expenses arising under subsection (b)out of the board's general fund. The expense of operating a lunchdepartment shall, so far as practicable, be paid from charges paid bythe students for the lunches. However, the board may, in the board'sdiscretion, furnish lunches without cost to a student who is needy andunable to pay for the student's lunch.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-20
Applicability of general school laws
Sec. 20. The general school laws of Indiana and all laws and partsof laws applicable to the general system of common schools inschool cities, so far as not inconsistent with this chapter and otherprovisions of this article, and unless made inapplicable by thisarticle, are in full force and effect in a school city to which thischapter applies.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-21
School reorganization plans; applicability
Sec. 21. This chapter applies to the school city to the extent thechapter is not in conflict with:
(1) IC 20-23-4 and IC 20-23-16; and
(2) the school reorganization plan applicable to the school cityor the school city's successor corporation under the terms ofIC 20-23-4 and IC 20-23-16.
However, IC 20-25-3-4 prevails over any conflicting provision ofIC 20-23-4 and IC 20-23-16 and over the provisions of any schoolreorganization plan.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-22
Authority to establish police department
Sec. 22. The governing body of a school city may establish apolice department under IC 20-26-16.
As added by P.L.132-2007, SEC.5.