IC 20-26-3-1 State policy
Sec. 1. Notwithstanding any other law and subject to section 7 of
this chapter, the policy of the state is to grant to each school
corporation all the powers needed for the effective operation of the
school 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 a
power of a school corporation must be resolved against the existence
of the power is abrogated.
(b) Any doubt as to the existence of a power of a school
corporation must be resolved in favor of the existence of the power.
This rule applies when a statute granting the power has been
repealed. 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 powers
expressly granted through rules adopted by the state board
under IC 4-22-2 or otherwise; and
(3) powers indispensable to the declared purposes of the school
corporation;
is abrogated.
(b) A school corporation has:
(1) all powers granted to the school corporation by statute or
through rules adopted by the state board; and
(2) all other powers necessary or desirable in the conduct of the
school corporation's affairs, even if the power is not granted by
statute or rule.
(c) The powers that school corporations have under subsection
(b)(1) are listed in various statutes. However, these statutes do not
list the powers that school corporations have under subsection (b)(2).
The omission of a power from a list does not imply that school
corporations 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 school
corporation 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 provision
requiring a specific manner for exercising a power, a school
corporation that exercises the power shall exercise the power in the
specified manner as a minimum requirement.
(b) If there is not a constitutional or statutory provision requiring
a specific manner for exercising a power, a school corporation that
exercises the power shall:
(1) adopt a written policy prescribing a specific manner for
exercising the power; or
(2) comply with a statutory provision permitting a specific
manner for exercising the power.
(c) A written policy under subsection (b)(1) must be adopted by
the 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 regulate
the exercise of powers by a school corporation only to the extent
prescribed 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 following
powers:
(1) Powers expressly prohibited of a unit under IC 36-1-3-8.
(2) Power for eminent domain, unless specifically authorized by
statute.
(3) Power to prescribe a civil penalty or a fine.
(4) Power to adopt ordinances.
(5) Power to require the attendance of witnesses and the
production of documents relative to matters being considered,
unless specifically authorized by statute.
(6) Power to exercise powers outside the boundaries of the
school corporation, unless authorized by statute through a joint
agreement or otherwise. As added by P.L.1-2005, SEC.10.
IC 20-26-3-1 State policy
Sec. 1. Notwithstanding any other law and subject to section 7 of
this chapter, the policy of the state is to grant to each school
corporation all the powers needed for the effective operation of the
school 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 a
power of a school corporation must be resolved against the existence
of the power is abrogated.
(b) Any doubt as to the existence of a power of a school
corporation must be resolved in favor of the existence of the power.
This rule applies when a statute granting the power has been
repealed. 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 powers
expressly granted through rules adopted by the state board
under IC 4-22-2 or otherwise; and
(3) powers indispensable to the declared purposes of the school
corporation;
is abrogated.
(b) A school corporation has:
(1) all powers granted to the school corporation by statute or
through rules adopted by the state board; and
(2) all other powers necessary or desirable in the conduct of the
school corporation's affairs, even if the power is not granted by
statute or rule.
(c) The powers that school corporations have under subsection
(b)(1) are listed in various statutes. However, these statutes do not
list the powers that school corporations have under subsection (b)(2).
The omission of a power from a list does not imply that school
corporations 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 school
corporation 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 provision
requiring a specific manner for exercising a power, a school
corporation that exercises the power shall exercise the power in the
specified manner as a minimum requirement.
(b) If there is not a constitutional or statutory provision requiring
a specific manner for exercising a power, a school corporation that
exercises the power shall:
(1) adopt a written policy prescribing a specific manner for
exercising the power; or
(2) comply with a statutory provision permitting a specific
manner for exercising the power.
(c) A written policy under subsection (b)(1) must be adopted by
the 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 regulate
the exercise of powers by a school corporation only to the extent
prescribed 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 following
powers:
(1) Powers expressly prohibited of a unit under IC 36-1-3-8.
(2) Power for eminent domain, unless specifically authorized by
statute.
(3) Power to prescribe a civil penalty or a fine.
(4) Power to adopt ordinances.
(5) Power to require the attendance of witnesses and the
production of documents relative to matters being considered,
unless specifically authorized by statute.
(6) Power to exercise powers outside the boundaries of the
school corporation, unless authorized by statute through a joint
agreement or otherwise. As added by P.L.1-2005, SEC.10.
IC 20-26-3-1 State policy
Sec. 1. Notwithstanding any other law and subject to section 7 of
this chapter, the policy of the state is to grant to each school
corporation all the powers needed for the effective operation of the
school 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 a
power of a school corporation must be resolved against the existence
of the power is abrogated.
(b) Any doubt as to the existence of a power of a school
corporation must be resolved in favor of the existence of the power.
This rule applies when a statute granting the power has been
repealed. 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 powers
expressly granted through rules adopted by the state board
under IC 4-22-2 or otherwise; and
(3) powers indispensable to the declared purposes of the school
corporation;
is abrogated.
(b) A school corporation has:
(1) all powers granted to the school corporation by statute or
through rules adopted by the state board; and
(2) all other powers necessary or desirable in the conduct of the
school corporation's affairs, even if the power is not granted by
statute or rule.
(c) The powers that school corporations have under subsection
(b)(1) are listed in various statutes. However, these statutes do not
list the powers that school corporations have under subsection (b)(2).
The omission of a power from a list does not imply that school
corporations 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 school
corporation 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 provision
requiring a specific manner for exercising a power, a school
corporation that exercises the power shall exercise the power in the
specified manner as a minimum requirement.
(b) If there is not a constitutional or statutory provision requiring
a specific manner for exercising a power, a school corporation that
exercises the power shall:
(1) adopt a written policy prescribing a specific manner for
exercising the power; or
(2) comply with a statutory provision permitting a specific
manner for exercising the power.
(c) A written policy under subsection (b)(1) must be adopted by
the 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 regulate
the exercise of powers by a school corporation only to the extent
prescribed 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 following
powers:
(1) Powers expressly prohibited of a unit under IC 36-1-3-8.
(2) Power for eminent domain, unless specifically authorized by
statute.
(3) Power to prescribe a civil penalty or a fine.
(4) Power to adopt ordinances.
(5) Power to require the attendance of witnesses and the
production of documents relative to matters being considered,
unless specifically authorized by statute.
(6) Power to exercise powers outside the boundaries of the
school corporation, unless authorized by statute through a joint
agreement or otherwise. As added by P.L.1-2005, SEC.10.
