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 reside
within the school corporation in kindergarten and in grades 1
through 12; and
(2) provide each preschool child with a disability with an
appropriate special education as required under IC 20-35-4-9
only if the general assembly appropriates state funds for
preschool special education.
(b) A school corporation may:
(1) conduct an educational program for adults and children at
least fourteen (14) years of age who do not attend a program
described in subsection (a);
(2) provide instruction in vocational, industrial, or manual
training;
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefit
of the residents and taxpayers of the school corporation where
permitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permitted
or required to be performed by law by any school corporation;
and
(7) provide a school age child care program that operates during
periods when school is in session for students who are enrolled
in a half-day kindergarten program.
(c) A school corporation shall develop a written policy that
provides for:
(1) the implementation of a school age child care program for
children who attend kindergarten through grade 6 that, at a
minimum, operates after the school day and may include
periods before school is in session or periods when school is not
otherwise in session (commonly referred to as a latch key
program) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or parts
of the school corporation's buildings to conduct the type of
program described in subdivision (1) by a nonprofit
organization or a for-profit organization.
(d) The written policy required under subsection (c) must address
compliance with certain standards of reasonable care for children
served by a child care program offered under subsection (c),
including:
(1) requiring the offering entity to acquire a particular amount
of liability insurance; and
(2) establishing maximum adult to child ratios governing the
overall supervision of the children served.
If a school corporation implements a child care program as described
in subsection (c)(1) or enters into a contract with an entity described
in subsection (c)(2) to provide a child care program, the school
corporation may not assess a fee for the use of the building, and the
contract between the school corporation and the entity providing the
program must be in writing. However, the school corporation may
assess a fee to reimburse the school corporation for providing
security, maintenance, utilities, school personnel, or other costs
directly attributable to the use of the building for the program. In
addition, if a school corporation offers a child care program as
described in subsection (c)(1), the school corporation may assess a
fee 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 as
provided in subsection (c), a school corporation shall do one (1) of
the following:
(1) Conduct a school age child care program (commonly
referred to as a latch key program) for children who attend
kindergarten through grade 6 that, at a minimum:
(A) operates after the school day and may include periods
before school is in session or periods when school is not
otherwise in session and is offered by the school
corporation; and
(B) is available to all children in the applicable grade levels
within 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 in
conducting the program.
A contract entered into under this subdivision must be in
writing.
However, a school corporation is not required to conduct the school
corporation's child care program or to contract for a child care
program for kindergarten students at times when grades 1 through 6
are in session.
(b) A school corporation shall develop a written policy that
addresses compliance with certain standards of reasonable care for
children served by a child care program required under subsection
(a), including the following:
(1) Requiring the offering entity to acquire a particular amount
of liability insurance.
(2) Establishing maximum adult to child ratios governing the
overall supervision of the children served.
A school corporation may not assess a fee for the use of a building
for a child care program required under subsection (a). However, the
school corporation may assess a fee to reimburse the school
corporation for providing security, maintenance, utilities, school
personnel, or other costs directly attributable to the use of a building
for a child care program. If a school corporation conducts a child
care program under subsection (a)(1), the school corporation may
assess a fee to cover costs attributable to implementing the program.
(c) A school corporation shall receive a waiver from the state
board of the requirement under subsection (a) if the school
corporation believes that the school corporation would experience an
undue hardship due to a low number of eligible children intending to
use a child care program, regardless of whether the child care
program is conducted by the school corporation or under a
contractual agreement. To receive a waiver, the school corporation
must include a detailed description of the school corporation's
attempt 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-profit
organizations to implement a child care program as provided
in subsection (a)(2).
(2) Evidence that a request in writing was made to each parent
to contact the school corporation to indicate the parent's
willingness to use a child care program and documentation of
the 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 a
nonprofit or for-profit organization under section 1 or 2 of this
chapter.
(b) Before awarding a contract to operate a child care program
described in subsection (a), a school corporation must comply with
IC 5-22-9.
(c) In a request for proposals prepared under subsection (b), a
school corporation must require each responding organization to
specify the fee schedule the organization proposes to charge parents
for the use of the child care program.
(d) An organization that operates a child care program described
in subsection (a) must comply with the guidelines developed by the
department and the school corporation for child care programs
described 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 school
corporation, 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 sued
and to enter into contracts in matters permitted by applicable
law.
(2) To take charge of, manage, and conduct the educational
affairs of the school corporation and to establish, locate, and
provide the necessary schools, school libraries, other libraries
where permitted by law, other buildings, facilities, property,
and equipment.
(3) To appropriate from the school corporation's general fund
an amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based
on the school corporation's previous year's ADM, to promote
the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract
for construction, erection, or maintenance of real estate, real
estate improvements, or an interest in real estate or real
estate improvements, as the governing body considers
necessary for school purposes, including buildings, parts of
buildings, 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 owned
buses, 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 or
purchase money contracts providing for a retention of a
security interest by the seller until payment is made or by
notes where the contract, security retention, or note is
permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option
to purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract
as described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment,
apparatus, appliances, books, furniture, and supplies, either by
cash purchase or under conditional sales or purchase money
contracts providing for a security interest by the seller until
payment is made or by notes where the contract, security,
retention, or note is permitted by applicable law, by gift, by
devise, by loan, or by lease with or without option to purchase
and to repair, remodel, remove, relocate, and demolish the
personal property. All purchases and contracts specified under
the powers authorized under subdivision (4) and this
subdivision are subject solely to applicable law relating to
purchases and contracting by municipal corporations in general
and to the supervisory control of state agencies as provided in
section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in
real or personal property that, in the opinion of the governing
body, is not necessary for school purposes, in accordance with
IC 20-26-7, to demolish or otherwise dispose of the property if,
in the opinion of the governing body, the property is not
necessary for school purposes and is worthless, and to pay the
expenses for the demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the
school day, or both, and during periods when school is not
in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term
lease with a nonprofit corporation, community service
organization, or other governmental entity, if the corporation,
organization, or other governmental entity will use the property
to be leased for civic or public purposes or for a school age
child care program. However, if payment for the property
subject to a long term lease is made from money in the school
corporation's debt service fund, all proceeds from the long term
lease must be deposited in the school corporation's debt service
fund so long as payment for the property has not been made.
The governing body may, at the governing body's option, use
the procedure specified in IC 36-1-11-10 in leasing property
under 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 under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping
and analyzing of grades and other student data, the keeping
and preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons
and services described in this subdivision.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount of
the services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and
discharge of teachers. The compensation, terms of employment,
and discharge of bus drivers are subject to and governed by
laws relating to employment, contracting, compensation, and
discharge of bus drivers. The forms and procedures relating to
the use of computer and data processing equipment in handling
the financial affairs of the school corporation must be submitted
to the state board of accounts for approval so that the services
are used by the school corporation when the governing body
determines that it is in the best interest of the school corporation
while at the same time providing reasonable accountability for
the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by
an employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit
the employee to be absent in connection with the trip without
any loss in pay and to reimburse the employee or the member
the employee's or member's reasonable lodging and meal
expenses and necessary transportation expenses. To pay
teaching personnel for time spent in sponsoring and working
with school related trips or activities.
(10) To transport children to and from school, when in the
opinion 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 with
applicable law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate
the lunch program, and the purchase of material and supplies
for the lunch program, charging students for the operational
costs of the lunch program, fixing the price per meal or per food
item. To operate the lunch program as an extracurricular
activity, subject to the supervision of the governing body. To
participate in a surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost
or to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school
corporations and to transfer students to other school
corporations in accordance with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to
the extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or
agents of the school corporation from liability, risk, accident, or
loss related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed
in the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 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 of
self-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, or
property from the state, the federal government, or from any
other source.
(17) To defend a member of the governing body or any
employee of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by 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, including
the payment of legal fees, except where the liability, cost, or
damage is predicated on or arises out of the bad faith of the
member or employee, or is a claim or judgment based on the
member'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 and
for 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 the
governing body, an officer of the governing body, or an
employee of the school corporation after the action is taken, if
the action could have been approved in advance, and in
connection with the action to pay the expense or compensation
permitted 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 in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or
educational standpoint in carrying out school purposes of the
school corporation, including the acquisition of property or the
employment or contracting for services, even though the power
or expenditure is not specifically set out in this chapter. The
specific powers set out in this section do not limit the general
grant of powers provided in this chapter except where a
limitation 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 language
or 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 establish
a policy regarding the allocation of tickets to the school corporation's
interscholastic athletic events or other school related programs and
activities at no charge or at a reduced rate to groups or individuals
designated 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 school
corporation under section 1 or 4 of this chapter are subject to all laws
subjecting the school corporation to regulation by a state agency,
including the state superintendent, state board of accounts, state
police department, fire prevention and building safety commission,
department of local government finance, water pollution control
board, state school bus committee, state department of health, and
any local governmental agency to which the state has been delegated
a specific authority in matters other than educational matters and
other than finance, including plan commissions, zoning boards, and
boards 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 of
a 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, including
park boards, library boards, tax adjustment boards, or city or county
plan commissions, if legislation requires or allows representation on
the public board, commission, or body by a member of the governing
body, the school corporation's superintendent, or a designated
educator. As added by P.L.1-2005, SEC.10.
IC 20-26-5-8 Membership in state and national associations of educational
nature; participation through representatives
Sec. 8. (a) The governing body of a school corporation may
appropriate necessary funds to provide for membership of the school
corporation in state and national associations of an educational
nature that have as the associations' purpose the improvement of
school governmental operations.
(b) A school corporation may participate through designated
representatives in the meetings and activities of the associations. The
governing body of the school corporation may appropriate the
necessary funds to defray the expenses of the representatives in
connection 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, or
services are to be provided must be specified in a contract between
the state educational institution and the governing body of the school
corporation. 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 and
an accredited nonpublic school, shall adopt a policy concerning
criminal history information for individuals who:
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the school
corporation contracts for services;
(2) seek to enter into a contract to provide services to the school
corporation; or
(3) are employed by an entity that seeks to enter into a contract
to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(b) A school corporation, including a charter school and an
accredited nonpublic school, shall administer a policy adopted under
this section uniformly for all individuals to whom the policy applies.
A policy adopted under this section must require that the school
corporation, charter school, or accredited nonpublic school conduct
an expanded criminal history check concerning each applicant for
noncertificated employment or certificated employment before or not
later than three (3) months after the applicant's employment by the
school corporation, charter school, or accredited nonpublic school.
Each individual hired for noncertificated employment or certificated
employment may be required to provide a written consent for the
school corporation, charter school, or accredited nonpublic school to
request an expanded criminal history check concerning the individual
before or not later than three (3) months after the individual's
employment by the school corporation. The school corporation,
charter school, or accredited nonpublic school may require the
individual to provide a set of fingerprints and pay any fees required
for the expanded criminal history check. Each applicant for
noncertificated employment or certificated employment may be
required at the time the individual applies to answer questions
concerning the individual's expanded criminal history check. The
failure to answer honestly questions asked under this subsection is
grounds for termination of the employee's employment. The
applicant is responsible for all costs associated with obtaining the
expanded criminal history check. An applicant may not be required
by a school corporation, charter school, or accredited nonpublic
school 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 in
accordance 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 the
employees' employment.
(b) A school corporation or entity may use information obtained
under section 10 of this chapter concerning an individual's conviction
for one (1) of the following offenses as grounds to not employ or
contract 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 elapsed
from 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 elapsed
from 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 (IC
35-46-1-4(b)(2)), unless ten (10) years have elapsed from the
date 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 individual
was 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 the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(18) An offense relating to controlled substances under
IC 35-48-4, unless ten (10) years have elapsed from the date the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3, unless ten (10)
years have elapsed from the date the individual was discharged
from probation, imprisonment, or parole, whichever is later.
(20) An offense relating to operating a motor vehicle while
intoxicated under IC 9-30-5, unless five (5) years have elapsed
from the date the individual was discharged from probation,
imprisonment, or parole, whichever is later.
(21) An offense that is substantially equivalent to any of the
offenses listed in this subsection in which the judgment of
conviction was entered under the law of any other jurisdiction.
(c) An individual employed by a school corporation or an entity
described in subsection (a) shall notify the governing body of the
school corporation, if during the course of the individual's
employment, the individual is convicted in Indiana or another
jurisdiction 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 through
IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and the
limitations 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 to
limit the authority of the governing body given by any other statute
or 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, and
IC 20-48-1 are supplemental to all other statutes and rules. The
powers given to any school corporation under IC 20-26-1 through
IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are in addition
to those given by any other statute or rule and are not subject to any
limitations 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 a
designated 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 governing
body of a school corporation to conduct its affairs in a manner
consistent with sound business practice to the ends that the authority
of the governing body is clarified and that it is permitted to operate
with 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 of
IC 20-26-5-4(20), the governing body of any school corporation may
join and associate with groups of other school corporations within
Indiana in regional school study councils to examine common school
problems and exchange educational information of mutual benefit,
and dues to the study councils shall be paid by the school corporation
from 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 schedule
commitments
Sec. 19. A governing body under its powers to fix and pay the
salaries and compensation of employees of the school corporation
and to contract for services under IC 20-26-5-4(8) may distribute
payroll based on contractual and salary schedule commitments
instead of payroll estimates approved in advance by the governing
body. 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 in
situations and at times that do not interfere with use of the
facility 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 purposes
of school age childcare; and
(2) incur any necessary expense in the use or operation of the
facility.
The governing body may set up and charge a schedule of fees for
admission to or use of any facility outside the school corporation's
regular school program. Fees shall be deposited in the general fund
or 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 the
establishment of a public school foundation.
(b) The governing body of a school corporation may receive the
proceeds of a grant, a restricted gift, an unrestricted gift, a donation,
an endowment, a bequest, a trust, an agreement to share tax revenue
received by a city or county under IC 4-33-12-6 or IC 4-33-13, or
other funds not generated from taxes levied by the school corporation
to create a foundation under the following conditions:
(1) The foundation is:
(A) exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(B) organized as an Indiana nonprofit corporation for the
purposes of providing educational funds for scholarships,
teacher education, capital programs, and special programs
for school corporations.
(2) Except as provided in subdivision (3), the foundation retains
all rights to a donation, including investment powers. The
foundation 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 school
corporation.
(B) Return a donation to the general fund of the school
corporation if the foundation:
(i) loses the foundation's status as a foundation exempt
from federal income taxation under Section 501(c)(3) of
the 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 school
corporation described in subsection (b)(1)(B).
(d) The governing body of the school corporation may appoint
members to the foundation.
(e) The treasurer of the governing body of the school corporation
may 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 teacher
training
Sec. 23. Public school corporations may enter into agreements
with postsecondary educational institutions to provide teaching
experience for students of the institutions preparing for the
educational profession and for the services of persons working
jointly 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 must
set out the responsibilities and rights of the public school
corporations, the institutions, and the students or persons who
supervise the students and who are working jointly for a school
corporation and an institution.
(b) An agreement must contain:
(1) a provision for the payment of an honorarium for consulting
services by the postsecondary educational institution directly to
the supervisor; and
(2) a provision that, if the sum paid by the institution to the
supervisor should ever be lawfully determined to be a wage
rather than an honorarium by an instrumentality of the United
States, then the postsecondary educational institution shall be
considered under the agreement to be the supervisor's part-time
employer.
(c) The provisions required by subsection (b) must be included in
an agreement entered into or renewed under this chapter after June
30, 1981. Public school corporations and postsecondary educational
institutions shall revise agreements in effect on July 1, 1981, to
include 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 nursery
schools for the instruction of children less than six (6) years of age.
Expenses of operating the nursery schools shall be paid in the same
manner 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 nursery
schools from the same revenue in the same manner as other grades
and departments in the common schools of the school corporation are
provided for and may apply for and receive from any state or federal
governmental agency any funds as may be made available through
the 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 by
incorporated association
Sec. 30. A school corporation may use funds under IC 36-12-15-4
for the aid, maintenance, and support of nursery schools conducted
by 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 syndrome
training
Sec. 31. (a) If a school corporation, including a school city (as
defined in IC 20-25-2-12), establishes a school corporation police
department, the governing body of the school corporation shall adopt
a policy that requires every individual appointed as a school
corporation police officer to complete training and education,
approved by the state board, that will enable the school corporation
police officer to appropriately deal with individuals with autism and
Asperger's syndrome.
(b) This subsection applies to a regular or special police officer
who is assigned as a security police officer for a school corporation
under IC 36-8-3-7. The governing body of the school corporation to
which the police officer is assigned shall ensure that the police
officer receives training and education, approved by the state board,
that will enable the police officer to appropriately deal with
individuals 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 shall
work with parents to:
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and discipline
in the school corporation after receiving a model plan developed by
the 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 corporation
and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide 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 day
of 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 a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school
corporation remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned and
unpaid.
(g) Employment with a school corporation may not be conditioned
upon the acceptance of a wage payment arrangement under
subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (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 document
explaining aspects of autism including behaviors that students with
autism may exhibit. Said document is to be distributed to school
corporations for distribution to noncertificated employees (as defined
in IC 20-29-2-11). As added by P.L.93-2009, SEC.2.
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 reside
within the school corporation in kindergarten and in grades 1
through 12; and
(2) provide each preschool child with a disability with an
appropriate special education as required under IC 20-35-4-9
only if the general assembly appropriates state funds for
preschool special education.
(b) A school corporation may:
(1) conduct an educational program for adults and children at
least fourteen (14) years of age who do not attend a program
described in subsection (a);
(2) provide instruction in vocational, industrial, or manual
training;
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefit
of the residents and taxpayers of the school corporation where
permitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permitted
or required to be performed by law by any school corporation;
and
(7) provide a school age child care program that operates during
periods when school is in session for students who are enrolled
in a half-day kindergarten program.
(c) A school corporation shall develop a written policy that
provides for:
(1) the implementation of a school age child care program for
children who attend kindergarten through grade 6 that, at a
minimum, operates after the school day and may include
periods before school is in session or periods when school is not
otherwise in session (commonly referred to as a latch key
program) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or parts
of the school corporation's buildings to conduct the type of
program described in subdivision (1) by a nonprofit
organization or a for-profit organization.
(d) The written policy required under subsection (c) must address
compliance with certain standards of reasonable care for children
served by a child care program offered under subsection (c),
including:
(1) requiring the offering entity to acquire a particular amount
of liability insurance; and
(2) establishing maximum adult to child ratios governing the
overall supervision of the children served.
If a school corporation implements a child care program as described
in subsection (c)(1) or enters into a contract with an entity described
in subsection (c)(2) to provide a child care program, the school
corporation may not assess a fee for the use of the building, and the
contract between the school corporation and the entity providing the
program must be in writing. However, the school corporation may
assess a fee to reimburse the school corporation for providing
security, maintenance, utilities, school personnel, or other costs
directly attributable to the use of the building for the program. In
addition, if a school corporation offers a child care program as
described in subsection (c)(1), the school corporation may assess a
fee 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 as
provided in subsection (c), a school corporation shall do one (1) of
the following:
(1) Conduct a school age child care program (commonly
referred to as a latch key program) for children who attend
kindergarten through grade 6 that, at a minimum:
(A) operates after the school day and may include periods
before school is in session or periods when school is not
otherwise in session and is offered by the school
corporation; and
(B) is available to all children in the applicable grade levels
within 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 in
conducting the program.
A contract entered into under this subdivision must be in
writing.
However, a school corporation is not required to conduct the school
corporation's child care program or to contract for a child care
program for kindergarten students at times when grades 1 through 6
are in session.
(b) A school corporation shall develop a written policy that
addresses compliance with certain standards of reasonable care for
children served by a child care program required under subsection
(a), including the following:
(1) Requiring the offering entity to acquire a particular amount
of liability insurance.
(2) Establishing maximum adult to child ratios governing the
overall supervision of the children served.
A school corporation may not assess a fee for the use of a building
for a child care program required under subsection (a). However, the
school corporation may assess a fee to reimburse the school
corporation for providing security, maintenance, utilities, school
personnel, or other costs directly attributable to the use of a building
for a child care program. If a school corporation conducts a child
care program under subsection (a)(1), the school corporation may
assess a fee to cover costs attributable to implementing the program.
(c) A school corporation shall receive a waiver from the state
board of the requirement under subsection (a) if the school
corporation believes that the school corporation would experience an
undue hardship due to a low number of eligible children intending to
use a child care program, regardless of whether the child care
program is conducted by the school corporation or under a
contractual agreement. To receive a waiver, the school corporation
must include a detailed description of the school corporation's
attempt 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-profit
organizations to implement a child care program as provided
in subsection (a)(2).
(2) Evidence that a request in writing was made to each parent
to contact the school corporation to indicate the parent's
willingness to use a child care program and documentation of
the 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 a
nonprofit or for-profit organization under section 1 or 2 of this
chapter.
(b) Before awarding a contract to operate a child care program
described in subsection (a), a school corporation must comply with
IC 5-22-9.
(c) In a request for proposals prepared under subsection (b), a
school corporation must require each responding organization to
specify the fee schedule the organization proposes to charge parents
for the use of the child care program.
(d) An organization that operates a child care program described
in subsection (a) must comply with the guidelines developed by the
department and the school corporation for child care programs
described 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 school
corporation, 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 sued
and to enter into contracts in matters permitted by applicable
law.
(2) To take charge of, manage, and conduct the educational
affairs of the school corporation and to establish, locate, and
provide the necessary schools, school libraries, other libraries
where permitted by law, other buildings, facilities, property,
and equipment.
(3) To appropriate from the school corporation's general fund
an amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based
on the school corporation's previous year's ADM, to promote
the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract
for construction, erection, or maintenance of real estate, real
estate improvements, or an interest in real estate or real
estate improvements, as the governing body considers
necessary for school purposes, including buildings, parts of
buildings, 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 owned
buses, 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 or
purchase money contracts providing for a retention of a
security interest by the seller until payment is made or by
notes where the contract, security retention, or note is
permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option
to purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract
as described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment,
apparatus, appliances, books, furniture, and supplies, either by
cash purchase or under conditional sales or purchase money
contracts providing for a security interest by the seller until
payment is made or by notes where the contract, security,
retention, or note is permitted by applicable law, by gift, by
devise, by loan, or by lease with or without option to purchase
and to repair, remodel, remove, relocate, and demolish the
personal property. All purchases and contracts specified under
the powers authorized under subdivision (4) and this
subdivision are subject solely to applicable law relating to
purchases and contracting by municipal corporations in general
and to the supervisory control of state agencies as provided in
section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in
real or personal property that, in the opinion of the governing
body, is not necessary for school purposes, in accordance with
IC 20-26-7, to demolish or otherwise dispose of the property if,
in the opinion of the governing body, the property is not
necessary for school purposes and is worthless, and to pay the
expenses for the demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the
school day, or both, and during periods when school is not
in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term
lease with a nonprofit corporation, community service
organization, or other governmental entity, if the corporation,
organization, or other governmental entity will use the property
to be leased for civic or public purposes or for a school age
child care program. However, if payment for the property
subject to a long term lease is made from money in the school
corporation's debt service fund, all proceeds from the long term
lease must be deposited in the school corporation's debt service
fund so long as payment for the property has not been made.
The governing body may, at the governing body's option, use
the procedure specified in IC 36-1-11-10 in leasing property
under 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 under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping
and analyzing of grades and other student data, the keeping
and preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons
and services described in this subdivision.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount of
the services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and
discharge of teachers. The compensation, terms of employment,
and discharge of bus drivers are subject to and governed by
laws relating to employment, contracting, compensation, and
discharge of bus drivers. The forms and procedures relating to
the use of computer and data processing equipment in handling
the financial affairs of the school corporation must be submitted
to the state board of accounts for approval so that the services
are used by the school corporation when the governing body
determines that it is in the best interest of the school corporation
while at the same time providing reasonable accountability for
the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by
an employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit
the employee to be absent in connection with the trip without
any loss in pay and to reimburse the employee or the member
the employee's or member's reasonable lodging and meal
expenses and necessary transportation expenses. To pay
teaching personnel for time spent in sponsoring and working
with school related trips or activities.
(10) To transport children to and from school, when in the
opinion 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 with
applicable law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate
the lunch program, and the purchase of material and supplies
for the lunch program, charging students for the operational
costs of the lunch program, fixing the price per meal or per food
item. To operate the lunch program as an extracurricular
activity, subject to the supervision of the governing body. To
participate in a surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost
or to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school
corporations and to transfer students to other school
corporations in accordance with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to
the extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or
agents of the school corporation from liability, risk, accident, or
loss related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed
in the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 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 of
self-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, or
property from the state, the federal government, or from any
other source.
(17) To defend a member of the governing body or any
employee of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by 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, including
the payment of legal fees, except where the liability, cost, or
damage is predicated on or arises out of the bad faith of the
member or employee, or is a claim or judgment based on the
member'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 and
for 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 the
governing body, an officer of the governing body, or an
employee of the school corporation after the action is taken, if
the action could have been approved in advance, and in
connection with the action to pay the expense or compensation
permitted 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 in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or
educational standpoint in carrying out school purposes of the
school corporation, including the acquisition of property or the
employment or contracting for services, even though the power
or expenditure is not specifically set out in this chapter. The
specific powers set out in this section do not limit the general
grant of powers provided in this chapter except where a
limitation 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 language
or 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 establish
a policy regarding the allocation of tickets to the school corporation's
interscholastic athletic events or other school related programs and
activities at no charge or at a reduced rate to groups or individuals
designated 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 school
corporation under section 1 or 4 of this chapter are subject to all laws
subjecting the school corporation to regulation by a state agency,
including the state superintendent, state board of accounts, state
police department, fire prevention and building safety commission,
department of local government finance, water pollution control
board, state school bus committee, state department of health, and
any local governmental agency to which the state has been delegated
a specific authority in matters other than educational matters and
other than finance, including plan commissions, zoning boards, and
boards 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 of
a 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, including
park boards, library boards, tax adjustment boards, or city or county
plan commissions, if legislation requires or allows representation on
the public board, commission, or body by a member of the governing
body, the school corporation's superintendent, or a designated
educator. As added by P.L.1-2005, SEC.10.
IC 20-26-5-8 Membership in state and national associations of educational
nature; participation through representatives
Sec. 8. (a) The governing body of a school corporation may
appropriate necessary funds to provide for membership of the school
corporation in state and national associations of an educational
nature that have as the associations' purpose the improvement of
school governmental operations.
(b) A school corporation may participate through designated
representatives in the meetings and activities of the associations. The
governing body of the school corporation may appropriate the
necessary funds to defray the expenses of the representatives in
connection 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, or
services are to be provided must be specified in a contract between
the state educational institution and the governing body of the school
corporation. 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 and
an accredited nonpublic school, shall adopt a policy concerning
criminal history information for individuals who:
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the school
corporation contracts for services;
(2) seek to enter into a contract to provide services to the school
corporation; or
(3) are employed by an entity that seeks to enter into a contract
to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(b) A school corporation, including a charter school and an
accredited nonpublic school, shall administer a policy adopted under
this section uniformly for all individuals to whom the policy applies.
A policy adopted under this section must require that the school
corporation, charter school, or accredited nonpublic school conduct
an expanded criminal history check concerning each applicant for
noncertificated employment or certificated employment before or not
later than three (3) months after the applicant's employment by the
school corporation, charter school, or accredited nonpublic school.
Each individual hired for noncertificated employment or certificated
employment may be required to provide a written consent for the
school corporation, charter school, or accredited nonpublic school to
request an expanded criminal history check concerning the individual
before or not later than three (3) months after the individual's
employment by the school corporation. The school corporation,
charter school, or accredited nonpublic school may require the
individual to provide a set of fingerprints and pay any fees required
for the expanded criminal history check. Each applicant for
noncertificated employment or certificated employment may be
required at the time the individual applies to answer questions
concerning the individual's expanded criminal history check. The
failure to answer honestly questions asked under this subsection is
grounds for termination of the employee's employment. The
applicant is responsible for all costs associated with obtaining the
expanded criminal history check. An applicant may not be required
by a school corporation, charter school, or accredited nonpublic
school 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 in
accordance 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 the
employees' employment.
(b) A school corporation or entity may use information obtained
under section 10 of this chapter concerning an individual's conviction
for one (1) of the following offenses as grounds to not employ or
contract 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 elapsed
from 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 elapsed
from 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 (IC
35-46-1-4(b)(2)), unless ten (10) years have elapsed from the
date 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 individual
was 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 the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(18) An offense relating to controlled substances under
IC 35-48-4, unless ten (10) years have elapsed from the date the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3, unless ten (10)
years have elapsed from the date the individual was discharged
from probation, imprisonment, or parole, whichever is later.
(20) An offense relating to operating a motor vehicle while
intoxicated under IC 9-30-5, unless five (5) years have elapsed
from the date the individual was discharged from probation,
imprisonment, or parole, whichever is later.
(21) An offense that is substantially equivalent to any of the
offenses listed in this subsection in which the judgment of
conviction was entered under the law of any other jurisdiction.
(c) An individual employed by a school corporation or an entity
described in subsection (a) shall notify the governing body of the
school corporation, if during the course of the individual's
employment, the individual is convicted in Indiana or another
jurisdiction 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 through
IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and the
limitations 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 to
limit the authority of the governing body given by any other statute
or 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, and
IC 20-48-1 are supplemental to all other statutes and rules. The
powers given to any school corporation under IC 20-26-1 through
IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are in addition
to those given by any other statute or rule and are not subject to any
limitations 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 a
designated 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 governing
body of a school corporation to conduct its affairs in a manner
consistent with sound business practice to the ends that the authority
of the governing body is clarified and that it is permitted to operate
with 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 of
IC 20-26-5-4(20), the governing body of any school corporation may
join and associate with groups of other school corporations within
Indiana in regional school study councils to examine common school
problems and exchange educational information of mutual benefit,
and dues to the study councils shall be paid by the school corporation
from 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 schedule
commitments
Sec. 19. A governing body under its powers to fix and pay the
salaries and compensation of employees of the school corporation
and to contract for services under IC 20-26-5-4(8) may distribute
payroll based on contractual and salary schedule commitments
instead of payroll estimates approved in advance by the governing
body. 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 in
situations and at times that do not interfere with use of the
facility 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 purposes
of school age childcare; and
(2) incur any necessary expense in the use or operation of the
facility.
The governing body may set up and charge a schedule of fees for
admission to or use of any facility outside the school corporation's
regular school program. Fees shall be deposited in the general fund
or 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 the
establishment of a public school foundation.
(b) The governing body of a school corporation may receive the
proceeds of a grant, a restricted gift, an unrestricted gift, a donation,
an endowment, a bequest, a trust, an agreement to share tax revenue
received by a city or county under IC 4-33-12-6 or IC 4-33-13, or
other funds not generated from taxes levied by the school corporation
to create a foundation under the following conditions:
(1) The foundation is:
(A) exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(B) organized as an Indiana nonprofit corporation for the
purposes of providing educational funds for scholarships,
teacher education, capital programs, and special programs
for school corporations.
(2) Except as provided in subdivision (3), the foundation retains
all rights to a donation, including investment powers. The
foundation 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 school
corporation.
(B) Return a donation to the general fund of the school
corporation if the foundation:
(i) loses the foundation's status as a foundation exempt
from federal income taxation under Section 501(c)(3) of
the 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 school
corporation described in subsection (b)(1)(B).
(d) The governing body of the school corporation may appoint
members to the foundation.
(e) The treasurer of the governing body of the school corporation
may 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 teacher
training
Sec. 23. Public school corporations may enter into agreements
with postsecondary educational institutions to provide teaching
experience for students of the institutions preparing for the
educational profession and for the services of persons working
jointly 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 must
set out the responsibilities and rights of the public school
corporations, the institutions, and the students or persons who
supervise the students and who are working jointly for a school
corporation and an institution.
(b) An agreement must contain:
(1) a provision for the payment of an honorarium for consulting
services by the postsecondary educational institution directly to
the supervisor; and
(2) a provision that, if the sum paid by the institution to the
supervisor should ever be lawfully determined to be a wage
rather than an honorarium by an instrumentality of the United
States, then the postsecondary educational institution shall be
considered under the agreement to be the supervisor's part-time
employer.
(c) The provisions required by subsection (b) must be included in
an agreement entered into or renewed under this chapter after June
30, 1981. Public school corporations and postsecondary educational
institutions shall revise agreements in effect on July 1, 1981, to
include 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 nursery
schools for the instruction of children less than six (6) years of age.
Expenses of operating the nursery schools shall be paid in the same
manner 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 nursery
schools from the same revenue in the same manner as other grades
and departments in the common schools of the school corporation are
provided for and may apply for and receive from any state or federal
governmental agency any funds as may be made available through
the 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 by
incorporated association
Sec. 30. A school corporation may use funds under IC 36-12-15-4
for the aid, maintenance, and support of nursery schools conducted
by 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 syndrome
training
Sec. 31. (a) If a school corporation, including a school city (as
defined in IC 20-25-2-12), establishes a school corporation police
department, the governing body of the school corporation shall adopt
a policy that requires every individual appointed as a school
corporation police officer to complete training and education,
approved by the state board, that will enable the school corporation
police officer to appropriately deal with individuals with autism and
Asperger's syndrome.
(b) This subsection applies to a regular or special police officer
who is assigned as a security police officer for a school corporation
under IC 36-8-3-7. The governing body of the school corporation to
which the police officer is assigned shall ensure that the police
officer receives training and education, approved by the state board,
that will enable the police officer to appropriately deal with
individuals 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 shall
work with parents to:
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and discipline
in the school corporation after receiving a model plan developed by
the 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 corporation
and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide 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 day
of 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 a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school
corporation remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned and
unpaid.
(g) Employment with a school corporation may not be conditioned
upon the acceptance of a wage payment arrangement under
subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (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 document
explaining aspects of autism including behaviors that students with
autism may exhibit. Said document is to be distributed to school
corporations for distribution to noncertificated employees (as defined
in IC 20-29-2-11). As added by P.L.93-2009, SEC.2.
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 reside
within the school corporation in kindergarten and in grades 1
through 12; and
(2) provide each preschool child with a disability with an
appropriate special education as required under IC 20-35-4-9
only if the general assembly appropriates state funds for
preschool special education.
(b) A school corporation may:
(1) conduct an educational program for adults and children at
least fourteen (14) years of age who do not attend a program
described in subsection (a);
(2) provide instruction in vocational, industrial, or manual
training;
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefit
of the residents and taxpayers of the school corporation where
permitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permitted
or required to be performed by law by any school corporation;
and
(7) provide a school age child care program that operates during
periods when school is in session for students who are enrolled
in a half-day kindergarten program.
(c) A school corporation shall develop a written policy that
provides for:
(1) the implementation of a school age child care program for
children who attend kindergarten through grade 6 that, at a
minimum, operates after the school day and may include
periods before school is in session or periods when school is not
otherwise in session (commonly referred to as a latch key
program) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or parts
of the school corporation's buildings to conduct the type of
program described in subdivision (1) by a nonprofit
organization or a for-profit organization.
(d) The written policy required under subsection (c) must address
compliance with certain standards of reasonable care for children
served by a child care program offered under subsection (c),
including:
(1) requiring the offering entity to acquire a particular amount
of liability insurance; and
(2) establishing maximum adult to child ratios governing the
overall supervision of the children served.
If a school corporation implements a child care program as described
in subsection (c)(1) or enters into a contract with an entity described
in subsection (c)(2) to provide a child care program, the school
corporation may not assess a fee for the use of the building, and the
contract between the school corporation and the entity providing the
program must be in writing. However, the school corporation may
assess a fee to reimburse the school corporation for providing
security, maintenance, utilities, school personnel, or other costs
directly attributable to the use of the building for the program. In
addition, if a school corporation offers a child care program as
described in subsection (c)(1), the school corporation may assess a
fee 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 as
provided in subsection (c), a school corporation shall do one (1) of
the following:
(1) Conduct a school age child care program (commonly
referred to as a latch key program) for children who attend
kindergarten through grade 6 that, at a minimum:
(A) operates after the school day and may include periods
before school is in session or periods when school is not
otherwise in session and is offered by the school
corporation; and
(B) is available to all children in the applicable grade levels
within 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 in
conducting the program.
A contract entered into under this subdivision must be in
writing.
However, a school corporation is not required to conduct the school
corporation's child care program or to contract for a child care
program for kindergarten students at times when grades 1 through 6
are in session.
(b) A school corporation shall develop a written policy that
addresses compliance with certain standards of reasonable care for
children served by a child care program required under subsection
(a), including the following:
(1) Requiring the offering entity to acquire a particular amount
of liability insurance.
(2) Establishing maximum adult to child ratios governing the
overall supervision of the children served.
A school corporation may not assess a fee for the use of a building
for a child care program required under subsection (a). However, the
school corporation may assess a fee to reimburse the school
corporation for providing security, maintenance, utilities, school
personnel, or other costs directly attributable to the use of a building
for a child care program. If a school corporation conducts a child
care program under subsection (a)(1), the school corporation may
assess a fee to cover costs attributable to implementing the program.
(c) A school corporation shall receive a waiver from the state
board of the requirement under subsection (a) if the school
corporation believes that the school corporation would experience an
undue hardship due to a low number of eligible children intending to
use a child care program, regardless of whether the child care
program is conducted by the school corporation or under a
contractual agreement. To receive a waiver, the school corporation
must include a detailed description of the school corporation's
attempt 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-profit
organizations to implement a child care program as provided
in subsection (a)(2).
(2) Evidence that a request in writing was made to each parent
to contact the school corporation to indicate the parent's
willingness to use a child care program and documentation of
the 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 a
nonprofit or for-profit organization under section 1 or 2 of this
chapter.
(b) Before awarding a contract to operate a child care program
described in subsection (a), a school corporation must comply with
IC 5-22-9.
(c) In a request for proposals prepared under subsection (b), a
school corporation must require each responding organization to
specify the fee schedule the organization proposes to charge parents
for the use of the child care program.
(d) An organization that operates a child care program described
in subsection (a) must comply with the guidelines developed by the
department and the school corporation for child care programs
described 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 school
corporation, 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 sued
and to enter into contracts in matters permitted by applicable
law.
(2) To take charge of, manage, and conduct the educational
affairs of the school corporation and to establish, locate, and
provide the necessary schools, school libraries, other libraries
where permitted by law, other buildings, facilities, property,
and equipment.
(3) To appropriate from the school corporation's general fund
an amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based
on the school corporation's previous year's ADM, to promote
the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract
for construction, erection, or maintenance of real estate, real
estate improvements, or an interest in real estate or real
estate improvements, as the governing body considers
necessary for school purposes, including buildings, parts of
buildings, 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 owned
buses, 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 or
purchase money contracts providing for a retention of a
security interest by the seller until payment is made or by
notes where the contract, security retention, or note is
permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option
to purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract
as described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment,
apparatus, appliances, books, furniture, and supplies, either by
cash purchase or under conditional sales or purchase money
contracts providing for a security interest by the seller until
payment is made or by notes where the contract, security,
retention, or note is permitted by applicable law, by gift, by
devise, by loan, or by lease with or without option to purchase
and to repair, remodel, remove, relocate, and demolish the
personal property. All purchases and contracts specified under
the powers authorized under subdivision (4) and this
subdivision are subject solely to applicable law relating to
purchases and contracting by municipal corporations in general
and to the supervisory control of state agencies as provided in
section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in
real or personal property that, in the opinion of the governing
body, is not necessary for school purposes, in accordance with
IC 20-26-7, to demolish or otherwise dispose of the property if,
in the opinion of the governing body, the property is not
necessary for school purposes and is worthless, and to pay the
expenses for the demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the
school day, or both, and during periods when school is not
in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term
lease with a nonprofit corporation, community service
organization, or other governmental entity, if the corporation,
organization, or other governmental entity will use the property
to be leased for civic or public purposes or for a school age
child care program. However, if payment for the property
subject to a long term lease is made from money in the school
corporation's debt service fund, all proceeds from the long term
lease must be deposited in the school corporation's debt service
fund so long as payment for the property has not been made.
The governing body may, at the governing body's option, use
the procedure specified in IC 36-1-11-10 in leasing property
under 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 under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping
and analyzing of grades and other student data, the keeping
and preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons
and services described in this subdivision.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation.
(D) Determine the number of the persons or the amount of
the services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and
discharge of teachers. The compensation, terms of employment,
and discharge of bus drivers are subject to and governed by
laws relating to employment, contracting, compensation, and
discharge of bus drivers. The forms and procedures relating to
the use of computer and data processing equipment in handling
the financial affairs of the school corporation must be submitted
to the state board of accounts for approval so that the services
are used by the school corporation when the governing body
determines that it is in the best interest of the school corporation
while at the same time providing reasonable accountability for
the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by
an employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit
the employee to be absent in connection with the trip without
any loss in pay and to reimburse the employee or the member
the employee's or member's reasonable lodging and meal
expenses and necessary transportation expenses. To pay
teaching personnel for time spent in sponsoring and working
with school related trips or activities.
(10) To transport children to and from school, when in the
opinion 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 with
applicable law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate
the lunch program, and the purchase of material and supplies
for the lunch program, charging students for the operational
costs of the lunch program, fixing the price per meal or per food
item. To operate the lunch program as an extracurricular
activity, subject to the supervision of the governing body. To
participate in a surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost
or to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school
corporations and to transfer students to other school
corporations in accordance with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to
the extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or
agents of the school corporation from liability, risk, accident, or
loss related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed
in the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 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 of
self-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, or
property from the state, the federal government, or from any
other source.
(17) To defend a member of the governing body or any
employee of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by 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, including
the payment of legal fees, except where the liability, cost, or
damage is predicated on or arises out of the bad faith of the
member or employee, or is a claim or judgment based on the
member'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 and
for 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 the
governing body, an officer of the governing body, or an
employee of the school corporation after the action is taken, if
the action could have been approved in advance, and in
connection with the action to pay the expense or compensation
permitted 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 in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or
educational standpoint in carrying out school purposes of the
school corporation, including the acquisition of property or the
employment or contracting for services, even though the power
or expenditure is not specifically set out in this chapter. The
specific powers set out in this section do not limit the general
grant of powers provided in this chapter except where a
limitation 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 language
or 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 establish
a policy regarding the allocation of tickets to the school corporation's
interscholastic athletic events or other school related programs and
activities at no charge or at a reduced rate to groups or individuals
designated 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 school
corporation under section 1 or 4 of this chapter are subject to all laws
subjecting the school corporation to regulation by a state agency,
including the state superintendent, state board of accounts, state
police department, fire prevention and building safety commission,
department of local government finance, water pollution control
board, state school bus committee, state department of health, and
any local governmental agency to which the state has been delegated
a specific authority in matters other than educational matters and
other than finance, including plan commissions, zoning boards, and
boards 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 of
a 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, including
park boards, library boards, tax adjustment boards, or city or county
plan commissions, if legislation requires or allows representation on
the public board, commission, or body by a member of the governing
body, the school corporation's superintendent, or a designated
educator. As added by P.L.1-2005, SEC.10.
IC 20-26-5-8 Membership in state and national associations of educational
nature; participation through representatives
Sec. 8. (a) The governing body of a school corporation may
appropriate necessary funds to provide for membership of the school
corporation in state and national associations of an educational
nature that have as the associations' purpose the improvement of
school governmental operations.
(b) A school corporation may participate through designated
representatives in the meetings and activities of the associations. The
governing body of the school corporation may appropriate the
necessary funds to defray the expenses of the representatives in
connection 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, or
services are to be provided must be specified in a contract between
the state educational institution and the governing body of the school
corporation. 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 and
an accredited nonpublic school, shall adopt a policy concerning
criminal history information for individuals who:
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the school
corporation contracts for services;
(2) seek to enter into a contract to provide services to the school
corporation; or
(3) are employed by an entity that seeks to enter into a contract
to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(b) A school corporation, including a charter school and an
accredited nonpublic school, shall administer a policy adopted under
this section uniformly for all individuals to whom the policy applies.
A policy adopted under this section must require that the school
corporation, charter school, or accredited nonpublic school conduct
an expanded criminal history check concerning each applicant for
noncertificated employment or certificated employment before or not
later than three (3) months after the applicant's employment by the
school corporation, charter school, or accredited nonpublic school.
Each individual hired for noncertificated employment or certificated
employment may be required to provide a written consent for the
school corporation, charter school, or accredited nonpublic school to
request an expanded criminal history check concerning the individual
before or not later than three (3) months after the individual's
employment by the school corporation. The school corporation,
charter school, or accredited nonpublic school may require the
individual to provide a set of fingerprints and pay any fees required
for the expanded criminal history check. Each applicant for
noncertificated employment or certificated employment may be
required at the time the individual applies to answer questions
concerning the individual's expanded criminal history check. The
failure to answer honestly questions asked under this subsection is
grounds for termination of the employee's employment. The
applicant is responsible for all costs associated with obtaining the
expanded criminal history check. An applicant may not be required
by a school corporation, charter school, or accredited nonpublic
school 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 in
accordance 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 the
employees' employment.
(b) A school corporation or entity may use information obtained
under section 10 of this chapter concerning an individual's conviction
for one (1) of the following offenses as grounds to not employ or
contract 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 elapsed
from 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 elapsed
from 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 (IC
35-46-1-4(b)(2)), unless ten (10) years have elapsed from the
date 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 individual
was 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 the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(18) An offense relating to controlled substances under
IC 35-48-4, unless ten (10) years have elapsed from the date the
individual was discharged from probation, imprisonment, or
parole, whichever is later.
(19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3, unless ten (10)
years have elapsed from the date the individual was discharged
from probation, imprisonment, or parole, whichever is later.
(20) An offense relating to operating a motor vehicle while
intoxicated under IC 9-30-5, unless five (5) years have elapsed
from the date the individual was discharged from probation,
imprisonment, or parole, whichever is later.
(21) An offense that is substantially equivalent to any of the
offenses listed in this subsection in which the judgment of
conviction was entered under the law of any other jurisdiction.
(c) An individual employed by a school corporation or an entity
described in subsection (a) shall notify the governing body of the
school corporation, if during the course of the individual's
employment, the individual is convicted in Indiana or another
jurisdiction 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 through
IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and the
limitations 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 to
limit the authority of the governing body given by any other statute
or 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, and
IC 20-48-1 are supplemental to all other statutes and rules. The
powers given to any school corporation under IC 20-26-1 through
IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are in addition
to those given by any other statute or rule and are not subject to any
limitations 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 a
designated 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 governing
body of a school corporation to conduct its affairs in a manner
consistent with sound business practice to the ends that the authority
of the governing body is clarified and that it is permitted to operate
with 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 of
IC 20-26-5-4(20), the governing body of any school corporation may
join and associate with groups of other school corporations within
Indiana in regional school study councils to examine common school
problems and exchange educational information of mutual benefit,
and dues to the study councils shall be paid by the school corporation
from 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 schedule
commitments
Sec. 19. A governing body under its powers to fix and pay the
salaries and compensation of employees of the school corporation
and to contract for services under IC 20-26-5-4(8) may distribute
payroll based on contractual and salary schedule commitments
instead of payroll estimates approved in advance by the governing
body. 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 in
situations and at times that do not interfere with use of the
facility 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 purposes
of school age childcare; and
(2) incur any necessary expense in the use or operation of the
facility.
The governing body may set up and charge a schedule of fees for
admission to or use of any facility outside the school corporation's
regular school program. Fees shall be deposited in the general fund
or 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 the
establishment of a public school foundation.
(b) The governing body of a school corporation may receive the
proceeds of a grant, a restricted gift, an unrestricted gift, a donation,
an endowment, a bequest, a trust, an agreement to share tax revenue
received by a city or county under IC 4-33-12-6 or IC 4-33-13, or
other funds not generated from taxes levied by the school corporation
to create a foundation under the following conditions:
(1) The foundation is:
(A) exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(B) organized as an Indiana nonprofit corporation for the
purposes of providing educational funds for scholarships,
teacher education, capital programs, and special programs
for school corporations.
(2) Except as provided in subdivision (3), the foundation retains
all rights to a donation, including investment powers. The
foundation 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 school
corporation.
(B) Return a donation to the general fund of the school
corporation if the foundation:
(i) loses the foundation's status as a foundation exempt
from federal income taxation under Section 501(c)(3) of
the 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 school
corporation described in subsection (b)(1)(B).
(d) The governing body of the school corporation may appoint
members to the foundation.
(e) The treasurer of the governing body of the school corporation
may 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 teacher
training
Sec. 23. Public school corporations may enter into agreements
with postsecondary educational institutions to provide teaching
experience for students of the institutions preparing for the
educational profession and for the services of persons working
jointly 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 must
set out the responsibilities and rights of the public school
corporations, the institutions, and the students or persons who
supervise the students and who are working jointly for a school
corporation and an institution.
(b) An agreement must contain:
(1) a provision for the payment of an honorarium for consulting
services by the postsecondary educational institution directly to
the supervisor; and
(2) a provision that, if the sum paid by the institution to the
supervisor should ever be lawfully determined to be a wage
rather than an honorarium by an instrumentality of the United
States, then the postsecondary educational institution shall be
considered under the agreement to be the supervisor's part-time
employer.
(c) The provisions required by subsection (b) must be included in
an agreement entered into or renewed under this chapter after June
30, 1981. Public school corporations and postsecondary educational
institutions shall revise agreements in effect on July 1, 1981, to
include 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 nursery
schools for the instruction of children less than six (6) years of age.
Expenses of operating the nursery schools shall be paid in the same
manner 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 nursery
schools from the same revenue in the same manner as other grades
and departments in the common schools of the school corporation are
provided for and may apply for and receive from any state or federal
governmental agency any funds as may be made available through
the 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 by
incorporated association
Sec. 30. A school corporation may use funds under IC 36-12-15-4
for the aid, maintenance, and support of nursery schools conducted
by 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 syndrome
training
Sec. 31. (a) If a school corporation, including a school city (as
defined in IC 20-25-2-12), establishes a school corporation police
department, the governing body of the school corporation shall adopt
a policy that requires every individual appointed as a school
corporation police officer to complete training and education,
approved by the state board, that will enable the school corporation
police officer to appropriately deal with individuals with autism and
Asperger's syndrome.
(b) This subsection applies to a regular or special police officer
who is assigned as a security police officer for a school corporation
under IC 36-8-3-7. The governing body of the school corporation to
which the police officer is assigned shall ensure that the police
officer receives training and education, approved by the state board,
that will enable the police officer to appropriately deal with
individuals 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 shall
work with parents to:
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and discipline
in the school corporation after receiving a model plan developed by
the 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 corporation
and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide 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 day
of 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 a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school
corporation remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned and
unpaid.
(g) Employment with a school corporation may not be conditioned
upon the acceptance of a wage payment arrangement under
subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (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 document
explaining aspects of autism including behaviors that students with
autism may exhibit. Said document is to be distributed to school
corporations for distribution to noncertificated employees (as defined
in IC 20-29-2-11). As added by P.L.93-2009, SEC.2.
