CHAPTER 5. GENERAL POWERS AND DUTIES
IC 20-26-5
Chapter 5. General Powers and Duties
IC 20-26-5-1
Power and purpose to conduct various education programs
Sec. 1. (a) A school corporation shall:
(1) conduct an educational program for all children who residewithin the school corporation in kindergarten and in grades 1through 12; and
(2) provide each preschool child with a disability with anappropriate special education as required under IC 20-35-4-9only if the general assembly appropriates state funds forpreschool special education.
(b) A school corporation may:
(1) conduct an educational program for adults and children atleast fourteen (14) years of age who do not attend a programdescribed in subsection (a);
(2) provide instruction in vocational, industrial, or manualtraining;
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefitof the residents and taxpayers of the school corporation wherepermitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permittedor required to be performed by law by any school corporation;and
(7) provide a school age child care program that operates duringperiods when school is in session for students who are enrolledin a half-day kindergarten program.
(c) A school corporation shall develop a written policy thatprovides for:
(1) the implementation of a school age child care program forchildren who attend kindergarten through grade 6 that, at aminimum, operates after the school day and may includeperiods before school is in session or periods when school is nototherwise in session (commonly referred to as a latch keyprogram) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or partsof the school corporation's buildings to conduct the type ofprogram described in subdivision (1) by a nonprofitorganization or a for-profit organization.
(d) The written policy required under subsection (c) must addresscompliance with certain standards of reasonable care for childrenserved by a child care program offered under subsection (c),including:
(1) requiring the offering entity to acquire a particular amountof liability insurance; and
(2) establishing maximum adult to child ratios governing theoverall supervision of the children served.If a school corporation implements a child care program as describedin subsection (c)(1) or enters into a contract with an entity describedin subsection (c)(2) to provide a child care program, the schoolcorporation may not assess a fee for the use of the building, and thecontract between the school corporation and the entity providing theprogram must be in writing. However, the school corporation mayassess a fee to reimburse the school corporation for providingsecurity, maintenance, utilities, school personnel, or other costsdirectly attributable to the use of the building for the program. Inaddition, if a school corporation offers a child care program asdescribed in subsection (c)(1), the school corporation may assess afee to cover costs attributable to implementing the program.
(e) The powers under this section are purposes as well as powers.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-2
Latch key programs; waiver from state board
Sec. 2. (a) Notwithstanding section 1 of this chapter, except asprovided in subsection (c), a school corporation shall do one (1) ofthe following:
(1) Conduct a school age child care program (commonlyreferred to as a latch key program) for children who attendkindergarten through grade 6 that, at a minimum:
(A) operates after the school day and may include periodsbefore school is in session or periods when school is nototherwise in session and is offered by the schoolcorporation; and
(B) is available to all children in the applicable grade levelswithin the school corporation.
(2) Contract with a nonprofit or for-profit organization to:
(A) conduct the type of program described in subdivision(1); and
(B) use school buildings or parts of school buildings inconducting the program.
A contract entered into under this subdivision must be inwriting.
However, a school corporation is not required to conduct the schoolcorporation's child care program or to contract for a child careprogram for kindergarten students at times when grades 1 through 6are in session.
(b) A school corporation shall develop a written policy thataddresses compliance with certain standards of reasonable care forchildren served by a child care program required under subsection(a), including the following:
(1) Requiring the offering entity to acquire a particular amountof liability insurance.
(2) Establishing maximum adult to child ratios governing theoverall supervision of the children served.
A school corporation may not assess a fee for the use of a buildingfor a child care program required under subsection (a). However, the
school corporation may assess a fee to reimburse the schoolcorporation for providing security, maintenance, utilities, schoolpersonnel, or other costs directly attributable to the use of a buildingfor a child care program. If a school corporation conducts a childcare program under subsection (a)(1), the school corporation mayassess a fee to cover costs attributable to implementing the program.
(c) A school corporation shall receive a waiver from the stateboard of the requirement under subsection (a) if the schoolcorporation believes that the school corporation would experience anundue hardship due to a low number of eligible children intending touse a child care program, regardless of whether the child careprogram is conducted by the school corporation or under acontractual agreement. To receive a waiver, the school corporationmust include a detailed description of the school corporation'sattempt to implement a child care program, including the following:
(1) A description of the steps taken to:
(A) conduct a child care program described in subsection(a)(1); or
(B) actively solicit nonprofit organizations or for-profitorganizations to implement a child care program as providedin subsection (a)(2).
(2) Evidence that a request in writing was made to each parentto contact the school corporation to indicate the parent'swillingness to use a child care program and documentation ofthe results received from parents.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-3
Latch key programs; required compliance
Sec. 3. (a) This section applies to a school age child care program(commonly referred to as a latch key program) operated by anonprofit or for-profit organization under section 1 or 2 of thischapter.
(b) Before awarding a contract to operate a child care programdescribed in subsection (a), a school corporation must comply withIC 5-22-9.
(c) In a request for proposals prepared under subsection (b), aschool corporation must require each responding organization tospecify the fee schedule the organization proposes to charge parentsfor the use of the child care program.
(d) An organization that operates a child care program describedin subsection (a) must comply with the guidelines developed by thedepartment and the school corporation for child care programsdescribed in subsection (a).
As added by P.L.1-2005, SEC.10.
IC 20-26-5-4
Specific powers
Sec. 4. In carrying out the school purposes of a schoolcorporation, the governing body acting on the school corporation's
behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be suedand to enter into contracts in matters permitted by applicablelaw.
(2) To take charge of, manage, and conduct the educationalaffairs of the school corporation and to establish, locate, andprovide the necessary schools, school libraries, other librarieswhere permitted by law, other buildings, facilities, property,and equipment.
(3) To appropriate from the school corporation's general fundan amount, not to exceed the greater of three thousand dollars($3,000) per budget year or one dollar ($1) per pupil, not toexceed twelve thousand five hundred dollars ($12,500), basedon the school corporation's previous year's ADM, to promotethe best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, orawards;
(B) provision for expenses incurred in interviewing jobapplicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contractfor construction, erection, or maintenance of real estate, realestate improvements, or an interest in real estate or realestate improvements, as the governing body considersnecessary for school purposes, including buildings, parts ofbuildings, additions to buildings, rooms, gymnasiums,auditoriums, playgrounds, playing and athletic fields,facilities for physical training, buildings for administrative,office, warehouse, repair activities, or housing school ownedbuses, landscaping, walks, drives, parking areas, roadways,easements and facilities for power, sewer, water, roadway,access, storm and surface water, drinking water, gas,electricity, other utilities and similar purposes, by purchase,either outright for cash (or under conditional sales orpurchase money contracts providing for a retention of asecurity interest by the seller until payment is made or bynotes where the contract, security retention, or note ispermitted by applicable law), by exchange, by gift, bydevise, by eminent domain, by lease with or without optionto purchase, or by lease under IC 20-47-2, IC 20-47-3, orIC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract forthe repair, remodeling, removal, or demolition of the realestate, real estate improvements, or interest in the real estateor real estate improvements, as the governing body considersnecessary for school purposes.
(C) Provide for conservation measures through utilityefficiency programs or under a guaranteed savings contractas described in IC 36-1-12.5. (5) To acquire personal property or an interest in personalproperty as the governing body considers necessary for schoolpurposes, including buses, motor vehicles, equipment,apparatus, appliances, books, furniture, and supplies, either bycash purchase or under conditional sales or purchase moneycontracts providing for a security interest by the seller untilpayment is made or by notes where the contract, security,retention, or note is permitted by applicable law, by gift, bydevise, by loan, or by lease with or without option to purchaseand to repair, remodel, remove, relocate, and demolish thepersonal property. All purchases and contracts specified underthe powers authorized under subdivision (4) and thissubdivision are subject solely to applicable law relating topurchases and contracting by municipal corporations in generaland to the supervisory control of state agencies as provided insection 6 of this chapter.
(6) To sell or exchange real or personal property or interest inreal or personal property that, in the opinion of the governingbody, is not necessary for school purposes, in accordance withIC 20-26-7, to demolish or otherwise dispose of the property if,in the opinion of the governing body, the property is notnecessary for school purposes and is worthless, and to pay theexpenses for the demolition or disposition.
(7) To lease any school property for a rental that the governingbody considers reasonable or to permit the free use of schoolproperty for:
(A) civic or public purposes; or
(B) the operation of a school age child care program forchildren who are at least five (5) years of age and less thanfifteen (15) years of age that operates before or after theschool day, or both, and during periods when school is notin session;
if the property is not needed for school purposes. Under thissubdivision, the governing body may enter into a long termlease with a nonprofit corporation, community serviceorganization, or other governmental entity, if the corporation,organization, or other governmental entity will use the propertyto be leased for civic or public purposes or for a school agechild care program. However, if payment for the propertysubject to a long term lease is made from money in the schoolcorporation's debt service fund, all proceeds from the long termlease must be deposited in the school corporation's debt servicefund so long as payment for the property has not been made.The governing body may, at the governing body's option, usethe procedure specified in IC 36-1-11-10 in leasing propertyunder this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,supervisors, principals, teachers, librarians, athletic coaches(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed underIC 20-28-5), business managers, superintendents of buildingsand grounds, janitors, engineers, architects, physicians,dentists, nurses, accountants, teacher aides performingnoninstructional duties, educational and other professionalconsultants, data processing and computer service for schoolpurposes, including the making of schedules, the keepingand analyzing of grades and other student data, the keepingand preparing of warrants, payroll, and similar data whereapproved by the state board of accounts as provided below,and other personnel or services as the governing bodyconsiders necessary for school purposes.
(B) Fix and pay the salaries and compensation of personsand services described in this subdivision.
(C) Classify persons or services described in this subdivisionand to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount ofthe services employed or contracted for as provided in thissubdivision.
(E) Determine the nature and extent of the duties of thepersons described in this subdivision.
The compensation, terms of employment, and discharge ofteachers are, however, subject to and governed by the lawsrelating to employment, contracting, compensation, anddischarge of teachers. The compensation, terms of employment,and discharge of bus drivers are subject to and governed bylaws relating to employment, contracting, compensation, anddischarge of bus drivers. The forms and procedures relating tothe use of computer and data processing equipment in handlingthe financial affairs of the school corporation must be submittedto the state board of accounts for approval so that the servicesare used by the school corporation when the governing bodydetermines that it is in the best interest of the school corporationwhile at the same time providing reasonable accountability forthe funds expended.
(9) Notwithstanding the appropriation limitation in subdivision(3), when the governing body by resolution considers a trip byan employee of the school corporation or by a member of thegoverning body to be in the interest of the school corporation,including attending meetings, conferences, or examiningequipment, buildings, and installation in other areas, to permitthe employee to be absent in connection with the trip withoutany loss in pay and to reimburse the employee or the memberthe employee's or member's reasonable lodging and mealexpenses and necessary transportation expenses. To payteaching personnel for time spent in sponsoring and workingwith school related trips or activities.
(10) To transport children to and from school, when in theopinion of the governing body the transportation is necessary,including considerations for the safety of the children and
without regard to the distance the children live from the school.The transportation must be otherwise in accordance withapplicable law.
(11) To provide a lunch program for a part or all of the studentsattending the schools of the school corporation, including theestablishment of kitchens, kitchen facilities, kitchen equipment,lunch rooms, the hiring of the necessary personnel to operatethe lunch program, and the purchase of material and suppliesfor the lunch program, charging students for the operationalcosts of the lunch program, fixing the price per meal or per fooditem. To operate the lunch program as an extracurricularactivity, subject to the supervision of the governing body. Toparticipate in a surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without costor to rent textbooks to students, to participate in a textbook aidprogram, all in accordance with applicable law.
(13) To accept students transferred from other schoolcorporations and to transfer students to other schoolcorporations in accordance with applicable law.
(14) To make budgets, to appropriate funds, and to disburse themoney of the school corporation in accordance with applicablelaw. To borrow money against current tax collections andotherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain aprogram of self-insurance relating to the liability of the schoolcorporation or the school corporation's employees in connectionwith motor vehicles or property and for additional coverage tothe extent permitted and in accordance with IC 34-13-3-20. Topurchase additional insurance or to establish and maintain aprogram of self-insurance protecting the school corporation andmembers of the governing body, employees, contractors, oragents of the school corporation from liability, risk, accident, orloss related to school property, school contract, school or schoolrelated activity, including the purchase of insurance or theestablishment and maintenance of a self-insurance programprotecting persons described in this subdivision against falseimprisonment, false arrest, libel, or slander for acts committedin the course of the persons' employment, protecting the schoolcorporation for fire and extended coverage and other casualtyrisks to the extent of replacement cost, loss of use, and otherinsurable risks relating to property owned, leased, or held by theschool corporation. To:
(A) participate in a state employee health plan underIC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,sickness, health, or dental coverage, provided that a plan ofself-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, orproperty from the state, the federal government, or from anyother source.
(17) To defend a member of the governing body or anyemployee of the school corporation in any suit arising out of theperformance of the member's or employee's duties for oremployment with, the school corporation, if the governing bodyby resolution determined that the action was taken in good faith.To save any member or employee harmless from any liability,cost, or damage in connection with the performance, includingthe payment of legal fees, except where the liability, cost, ordamage is predicated on or arises out of the bad faith of themember or employee, or is a claim or judgment based on themember's or employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,regulations, and procedures:
(A) for the government and management of the schools,property, facilities, and activities of the school corporation,the school corporation's agents, employees, and pupils andfor the operation of the governing body; and
(B) that may be designated by an appropriate title such as"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of thegoverning body, an officer of the governing body, or anemployee of the school corporation after the action is taken, ifthe action could have been approved in advance, and inconnection with the action to pay the expense or compensationpermitted under IC 20-26-1 through IC 20-26-5, IC 20-26-7,IC 20-40-12, and IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure incarrying out the governing body's general powers and purposesprovided in this chapter or in carrying out the powers delineatedin this section which is reasonable from a business oreducational standpoint in carrying out school purposes of theschool corporation, including the acquisition of property or theemployment or contracting for services, even though the poweror expenditure is not specifically set out in this chapter. Thespecific powers set out in this section do not limit the generalgrant of powers provided in this chapter except where alimitation is set out in IC 20-26-1 through IC 20-26-5,IC 20-26-7, IC 20-40-12, and IC 20-48-1 by specific languageor by reference to other law.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.117;P.L.168-2006, SEC.1; P.L.182-2009(ss), SEC.316.
IC 20-26-5-5
Allocation of no charge or reduced rate tickets
Sec. 5. A governing body of a school corporation may establisha policy regarding the allocation of tickets to the school corporation'sinterscholastic athletic events or other school related programs and
activities at no charge or at a reduced rate to groups or individualsdesignated by the governing body.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-6
Applicability of laws governing state agencies
Sec. 6. All powers delegated to the governing body of a schoolcorporation under section 1 or 4 of this chapter are subject to all lawssubjecting the school corporation to regulation by a state agency,including the state superintendent, state board of accounts, statepolice department, fire prevention and building safety commission,department of local government finance, water pollution controlboard, state school bus committee, state department of health, andany local governmental agency to which the state has been delegateda specific authority in matters other than educational matters andother than finance, including plan commissions, zoning boards, andboards concerned with health and safety.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-7
Representation of governing body on public boards or commissions
Sec. 7. Notwithstanding any other statute, the governing body ofa school corporation may, by resolution, appoint:
(1) the school corporation's superintendent of schools; or
(2) a person residing within the school corporation's boundaries;
to serve on a public board, commission, or public body, includingpark boards, library boards, tax adjustment boards, or city or countyplan commissions, if legislation requires or allows representation onthe public board, commission, or body by a member of the governingbody, the school corporation's superintendent, or a designatededucator.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-8
Membership in state and national associations of educationalnature; participation through representatives
Sec. 8. (a) The governing body of a school corporation mayappropriate necessary funds to provide for membership of the schoolcorporation in state and national associations of an educationalnature that have as the associations' purpose the improvement ofschool governmental operations.
(b) A school corporation may participate through designatedrepresentatives in the meetings and activities of the associations. Thegoverning body of the school corporation may appropriate thenecessary funds to defray the expenses of the representatives inconnection with the meetings and activities.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-9
Classes or services between state educational institutions and
school corporations
Sec. 9. (a) A school corporation may provide programs, classes,or services to a state educational institution.
(b) A state educational institution may provide programs, classes,or services to a school corporation.
(c) The terms and conditions under which programs, classes, orservices are to be provided must be specified in a contract betweenthe state educational institution and the governing body of the schoolcorporation.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-10
Criminal history information policy; adoption; administration;requirements; costs
Sec. 10. (a) A school corporation, including a charter school andan accredited nonpublic school, shall adopt a policy concerningcriminal history information for individuals who:
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the schoolcorporation contracts for services;
(2) seek to enter into a contract to provide services to the schoolcorporation; or
(3) are employed by an entity that seeks to enter into a contractto provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact withchildren within the scope of the individuals' employment.
(b) A school corporation, including a charter school and anaccredited nonpublic school, shall administer a policy adopted underthis section uniformly for all individuals to whom the policy applies.A policy adopted under this section must require that the schoolcorporation, charter school, or accredited nonpublic school conductan expanded criminal history check concerning each applicant fornoncertificated employment or certificated employment before or notlater than three (3) months after the applicant's employment by theschool corporation, charter school, or accredited nonpublic school.Each individual hired for noncertificated employment or certificatedemployment may be required to provide a written consent for theschool corporation, charter school, or accredited nonpublic school torequest an expanded criminal history check concerning the individualbefore or not later than three (3) months after the individual'semployment by the school corporation. The school corporation,charter school, or accredited nonpublic school may require theindividual to provide a set of fingerprints and pay any fees requiredfor the expanded criminal history check. Each applicant fornoncertificated employment or certificated employment may berequired at the time the individual applies to answer questionsconcerning the individual's expanded criminal history check. Thefailure to answer honestly questions asked under this subsection isgrounds for termination of the employee's employment. The
applicant is responsible for all costs associated with obtaining theexpanded criminal history check. An applicant may not be requiredby a school corporation, charter school, or accredited nonpublicschool to obtain an expanded criminal history check more than one(1) time during a five (5) year period.
(c) Information obtained under this section must be used inaccordance with law.
As added by P.L.1-2005, SEC.10. Amended by P.L.121-2009, SEC.8.
IC 20-26-5-11
Use of information; notice of conviction of certain offenses
Sec. 11. (a) This section applies to:
(1) a school corporation; and
(2) an entity:
(A) with which the school corporation contracts for services;and
(B) that has employees who are likely to have direct,ongoing contact with children within the scope of theemployees' employment.
(b) A school corporation or entity may use information obtainedunder section 10 of this chapter concerning an individual's convictionfor one (1) of the following offenses as grounds to not employ orcontract with the individual:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1) unless ten (10) years have elapsedfrom the date the individual was discharged from probation,imprisonment, or parole, whichever is later.
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1), unless ten (10) years have elapsedfrom the date the individual was discharged from probation,imprisonment, or parole, whichever is later.
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent as a Class B felony (IC35-46-1-4(b)(2)), unless ten (10) years have elapsed from thedate the individual was discharged from probation,imprisonment, or parole, whichever is later.
(15) Child selling (IC 35-46-1-4(d)).
(16) Contributing to the delinquency of a minor (IC 35-46-1-8),unless ten (10) years have elapsed from the date the individualwas discharged from probation, imprisonment, or parole,whichever is later.
(17) An offense involving a weapon under IC 35-47 or
IC 35-47.5, unless ten (10) years have elapsed from the date theindividual was discharged from probation, imprisonment, orparole, whichever is later.
(18) An offense relating to controlled substances underIC 35-48-4, unless ten (10) years have elapsed from the date theindividual was discharged from probation, imprisonment, orparole, whichever is later.
(19) An offense relating to material or a performance that isharmful to minors or obscene under IC 35-49-3, unless ten (10)years have elapsed from the date the individual was dischargedfrom probation, imprisonment, or parole, whichever is later.
(20) An offense relating to operating a motor vehicle whileintoxicated under IC 9-30-5, unless five (5) years have elapsedfrom the date the individual was discharged from probation,imprisonment, or parole, whichever is later.
(21) An offense that is substantially equivalent to any of theoffenses listed in this subsection in which the judgment ofconviction was entered under the law of any other jurisdiction.
(c) An individual employed by a school corporation or an entitydescribed in subsection (a) shall notify the governing body of theschool corporation, if during the course of the individual'semployment, the individual is convicted in Indiana or anotherjurisdiction of an offense described in subsection (b).
As added by P.L.1-2005, SEC.10.
IC 20-26-5-12
Construction of certain provisions
Sec. 12. Except for IC 20-26-4-1, IC 20-26-4-4, and IC 20-26-4-5,the powers given each school corporation in IC 20-26-1 throughIC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and thelimitations on those powers set out in IC 20-26-1 through IC 20-26-5,IC 20-26-7, IC 20-40-12, and IC 20-48-1 may not be construed tolimit the authority of the governing body given by any other statuteor rule.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.118.
IC 20-26-5-13
Supplemental effect of certain provisions
Sec. 13. Except as provided in section 12 of this chapter,IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, andIC 20-48-1 are supplemental to all other statutes and rules. Thepowers given to any school corporation under IC 20-26-1 throughIC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are in additionto those given by any other statute or rule and are not subject to anylimitations set out in those statutes or to comply with those statutes,except to the extent provided in IC 20-26-1 through IC 20-26-5,IC 20-26-7, IC 20-40-12, and IC 20-48-1 by specific reference to adesignated statute or the statute or rule relating to a given subject.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.119.
IC 20-26-5-14
Liberal construction
Sec. 14. IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,and IC 20-48-1 shall be liberally construed to permit the governingbody of a school corporation to conduct its affairs in a mannerconsistent with sound business practice to the ends that the authorityof the governing body is clarified and that it is permitted to operatewith the maximum efficiency consistent with accountability.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.120.
IC 20-26-5-15
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-16
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-17
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-18
Authority to join regional school study councils
Sec. 18. For purposes of IC 20-26-5-1 and under the powers ofIC 20-26-5-4(20), the governing body of any school corporation mayjoin and associate with groups of other school corporations withinIndiana in regional school study councils to examine common schoolproblems and exchange educational information of mutual benefit,and dues to the study councils shall be paid by the school corporationfrom the general fund.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-19
Distribution of payroll based on contractual and salary schedulecommitments
Sec. 19. A governing body under its powers to fix and pay thesalaries and compensation of employees of the school corporationand to contract for services under IC 20-26-5-4(8) may distributepayroll based on contractual and salary schedule commitmentsinstead of payroll estimates approved in advance by the governingbody.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-20
Use of school facilities; fees
Sec. 20. The governing body of any school corporation may:
(1) permit any of its facilities to be used by any person insituations and at times that do not interfere with use of thefacility for school purposes, including: (A) use of a swimming pool or other athletic facility; or
(B) use of classrooms or other space in a school for purposesof school age childcare; and
(2) incur any necessary expense in the use or operation of thefacility.
The governing body may set up and charge a schedule of fees foradmission to or use of any facility outside the school corporation'sregular school program. Fees shall be deposited in the general fundor the extracurricular account of the school corporation.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.121.
IC 20-26-5-21
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-22
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-22.5
Public school foundations
Sec. 22.5. (a) A school corporation may participate in theestablishment of a public school foundation.
(b) The governing body of a school corporation may receive theproceeds of a grant, a restricted gift, an unrestricted gift, a donation,an endowment, a bequest, a trust, an agreement to share tax revenuereceived by a city or county under IC 4-33-12-6 or IC 4-33-13, orother funds not generated from taxes levied by the school corporationto create a foundation under the following conditions:
(1) The foundation is:
(A) exempt from federal income taxation under Section501(c)(3) of the Internal Revenue Code; and
(B) organized as an Indiana nonprofit corporation for thepurposes of providing educational funds for scholarships,teacher education, capital programs, and special programsfor school corporations.
(2) Except as provided in subdivision (3), the foundation retainsall rights to a donation, including investment powers. Thefoundation may hold a donation as a permanent endowment.
(3) The foundation agrees to do the following:
(A) Distribute the income from a donation only to the schoolcorporation.
(B) Return a donation to the general fund of the schoolcorporation if the foundation:
(i) loses the foundation's status as a foundation exemptfrom federal income taxation under Section 501(c)(3) ofthe Internal Revenue Code;
(ii) is liquidated; or
(iii) violates any condition set forth in this subdivision.
(c) A school corporation may use the proceeds received under this
section from a foundation only for educational purposes of the schoolcorporation described in subsection (b)(1)(B).
(d) The governing body of the school corporation may appointmembers to the foundation.
(e) The treasurer of the governing body of the school corporationmay serve as the treasurer of the foundation.
As added by P.L.214-2005, SEC.64.
IC 20-26-5-23
Authorization to enter into agreements concerning student teachertraining
Sec. 23. Public school corporations may enter into agreementswith postsecondary educational institutions to provide teachingexperience for students of the institutions preparing for theeducational profession and for the services of persons workingjointly for the school corporation and an institution.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.210.
IC 20-26-5-24
Contents of student teacher training agreement
Sec. 24. (a) An agreement under section 23 of this chapter mustset out the responsibilities and rights of the public schoolcorporations, the institutions, and the students or persons whosupervise the students and who are working jointly for a schoolcorporation and an institution.
(b) An agreement must contain:
(1) a provision for the payment of an honorarium for consultingservices by the postsecondary educational institution directly tothe supervisor; and
(2) a provision that, if the sum paid by the institution to thesupervisor should ever be lawfully determined to be a wagerather than an honorarium by an instrumentality of the UnitedStates, then the postsecondary educational institution shall beconsidered under the agreement to be the supervisor's part-timeemployer.
(c) The provisions required by subsection (b) must be included inan agreement entered into or renewed under this chapter after June30, 1981. Public school corporations and postsecondary educationalinstitutions shall revise agreements in effect on July 1, 1981, toinclude the provisions required by subsection (b).
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.211.
IC 20-26-5-25
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-26
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-27
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-26-5-28
Authority to establish and maintain nursery schools
Sec. 28. A governing body may establish and maintain nurseryschools for the instruction of children less than six (6) years of age.Expenses of operating the nursery schools shall be paid in the samemanner as other expenses of the school corporation.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-29
Funding; state or federal aid
Sec. 29. A school corporation may establish and maintain nurseryschools from the same revenue in the same manner as other gradesand departments in the common schools of the school corporation areprovided for and may apply for and receive from any state or federalgovernmental agency any funds as may be made available throughthe agencies for that purpose.
As added by P.L.1-2005, SEC.10.
IC 20-26-5-30
Maintenance and support of nursery school operated byincorporated association
Sec. 30. A school corporation may use funds under IC 36-12-15-4for the aid, maintenance, and support of nursery schools conductedby an association incorporated to operate a nursery school.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.122;P.L.1-2009, SEC.122.
IC 20-26-5-31
School corporation police; autism and Asperger's syndrometraining
Sec. 31. (a) If a school corporation, including a school city (asdefined in IC 20-25-2-12), establishes a school corporation policedepartment, the governing body of the school corporation shall adopta policy that requires every individual appointed as a schoolcorporation police officer to complete training and education,approved by the state board, that will enable the school corporationpolice officer to appropriately deal with individuals with autism andAsperger's syndrome.
(b) This subsection applies to a regular or special police officerwho is assigned as a security police officer for a school corporationunder IC 36-8-3-7. The governing body of the school corporation towhich the police officer is assigned shall ensure that the policeofficer receives training and education, approved by the state board,that will enable the police officer to appropriately deal withindividuals with autism and Asperger's syndrome.
As added by P.L.122-2007, SEC.1.
IC 20-26-5-32
Development of plan to improve student behavior and discipline
Sec. 32. The governing body of each school corporation shallwork with parents to:
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and disciplinein the school corporation after receiving a model plan developed bythe department.
As added by P.L.66-2009, SEC.1.
IC 20-26-5-32.2
Employee wage payment arrangements
Sec. 32.2. (a) Notwithstanding IC 22-2-5-1, a school corporationand:
(1) an employee if there is no representative described undersubdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employeeswith respect to those employees; or
(3) a labor organization representing its noncertificatedemployees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) mayprovide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first dayof that school year and ends not later than thirteen (13)months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in acalendar year is paid in the next calendar year, so long as all thecompensation is paid within the thirteen (13) month period beginningwith the first day of the school year.
(c) A wage payment arrangement under subsection (a) must bestructured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes ofSection 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of theInternal Revenue Code.
(d) Absent an agreement under subsection (a), a schoolcorporation remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangemententered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, eitherpermanently or temporarily, the amount due the employee underIC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned andunpaid.
(g) Employment with a school corporation may not be conditionedupon the acceptance of a wage payment arrangement under
subsection (a).
(h) An employee may revoke a wage payment arrangement undersubsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.6.
IC 20-26-5-32.4
Autism information distribution to noncertificated employees
Sec. 32.4. The Department of Education shall create a documentexplaining aspects of autism including behaviors that students withautism may exhibit. Said document is to be distributed to schoolcorporations for distribution to noncertificated employees (as definedin IC 20-29-2-11).
As added by P.L.93-2009, SEC.2.