CHAPTER 3. HOME RULE

IC 20-26-3
    Chapter 3. Home Rule

IC 20-26-3-1
State policy
    Sec. 1. Notwithstanding any other law and subject to section 7 ofthis chapter, the policy of the state is to grant to each schoolcorporation all the powers needed for the effective operation of theschool corporation.
As added by P.L.1-2005, SEC.10.

IC 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 apower of a school corporation must be resolved against the existenceof the power is abrogated.
    (b) Any doubt as to the existence of a power of a schoolcorporation must be resolved in favor of the existence of the power.This rule applies when a statute granting the power has beenrepealed.
As added by P.L.1-2005, SEC.10.

IC 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 powersexpressly granted through rules adopted by the state boardunder IC 4-22-2 or otherwise; and
        (3) powers indispensable to the declared purposes of the schoolcorporation;
is abrogated.
    (b) A school corporation has:
        (1) all powers granted to the school corporation by statute orthrough rules adopted by the state board; and
        (2) all other powers necessary or desirable in the conduct of theschool corporation's affairs, even if the power is not granted bystatute or rule.
    (c) The powers that school corporations have under subsection(b)(1) are listed in various statutes. However, these statutes do notlist the powers that school corporations have under subsection (b)(2).The omission of a power from a list does not imply that schoolcorporations lack that power.
As added by P.L.1-2005, SEC.10.

IC 20-26-3-4
School corporation powers; exercise
    Sec. 4. A school corporation may exercise any power the schoolcorporation 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.
As added by P.L.1-2005, SEC.10.

IC 20-26-3-5
Constitutional or statutory exercise of powers; written policy
    Sec. 5. (a) If there is a constitutional or statutory provisionrequiring a specific manner for exercising a power, a schoolcorporation that exercises the power shall exercise the power in thespecified manner as a minimum requirement.
    (b) If there is not a constitutional or statutory provision requiringa specific manner for exercising a power, a school corporation thatexercises the power shall:
        (1) adopt a written policy prescribing a specific manner forexercising the power; or
        (2) comply with a statutory provision permitting a specificmanner for exercising the power.
    (c) A written policy under subsection (b)(1) must be adopted bythe governing body of the school corporation.
As added by P.L.1-2005, SEC.10.

IC 20-26-3-6
Review or regulation of school corporation powers
    Sec. 6. A state agency and other agencies may review or regulatethe exercise of powers by a school corporation only to the extentprescribed by statute.
As added by P.L.1-2005, SEC.10.

IC 20-26-3-7
Unavailable powers
    Sec. 7. A school corporation does not have any of the followingpowers:
        (1) Powers expressly prohibited of a unit under IC 36-1-3-8.
        (2) Power for eminent domain, unless specifically authorized bystatute.
        (3) Power to prescribe a civil penalty or a fine.
        (4) Power to adopt ordinances.
        (5) Power to require the attendance of witnesses and theproduction of documents relative to matters being considered,unless specifically authorized by statute.
        (6) Power to exercise powers outside the boundaries of theschool corporation, unless authorized by statute through a jointagreement or otherwise.
As added by P.L.1-2005, SEC.10.