SOURCE: Page 1, line 1; (13)MO124203.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 20-18-2-22; (13)MO124203.1. -->
"SECTION 1. IC 20-18-2-22, AS AMENDED BY HEA 1357-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 22. (a) "Teacher" means a professional person
whose position in a school corporation requires certain educational
preparation and licensing and whose primary responsibility is the
instruction of students.
(b) For purposes of IC 20-28, the term includes the following:
(1) A superintendent.
who holds a license under IC 20-28-5.
(2) A principal.
(3) A teacher.
(4) A librarian.
SOURCE: IC 20-23-2-7.5; (13)MO124203.2. -->
SECTION 2. IC 20-23-2-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7.5. (a) A person may not hold
the office of county superintendent unless the person:
(1) has at least five (5) years successful experience as a teacher
in the public schools; and
(2) holds, at the time of the person's election, a first or second
grade superintendent's license.
(b) This chapter does not:
(1) apply to; or
an incumbent of the office of county superintendent.
SOURCE: IC 20-23-7-10; (13)MO124203.3. -->
SECTION 3. IC 20-23-7-10, AS AMENDED BY HEA 1357-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) The metropolitan board of education shall
appoint a metropolitan superintendent of schools who shall serve under
contract in the same manner and under the same laws that govern the
employment and service of other licensed school personnel.
the metropolitan superintendent of schools is not required to hold a
license under IC 20-28-5.
The metropolitan superintendent of schools'
salary and expense allowance is fixed by the metropolitan board of
education. The metropolitan superintendent of schools' original
(1) must be for a period of one (1) to five (5) years; and
(2) may be changed or extended by mutual agreement.
(b) Appointments to fill a vacancy for a metropolitan superintendent
of schools shall be made under this chapter.
(c) The board shall:
(1) act upon the recommendations of the metropolitan
superintendent of schools; and
(2) make other decisions and perform other duties as required by
(1) county superintendent;
(2) city school superintendent; or
(3) town superintendent;
in a metropolitan school district shall continue in the superintendents'
respective employment at the same salary, paid in the same manner and
according to the same terms as agreed to before the formation of the
metropolitan school district.
(e) A metropolitan board of education shall:
(1) assign administrative duties; and
(A) one (1) of the superintendents in the metropolitan school
(B) a competent and qualified person as determined by the
to perform the duties of the metropolitan superintendent of the
metropolitan school district as set forth in this chapter.
(f) A metropolitan board of education shall appoint a superintendent
of the metropolitan school district and other administrative supervisory
officers as provided in this chapter if:
(1) the previous superintendent's term expired;
(2) the previous superintendent's contract of employment ended;
(3) the previous superintendent:
(A) died; or
(g) The appointment and salary of the metropolitan superintendent
of schools appointed under subsection (f) shall be made, set, and paid
as provided in this chapter.
SOURCE: IC 20-25-2-2; (13)MO124203.4. -->
SECTION 4. IC 20-25-2-2, AS AMENDED BY HEA 1357-2013,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. "Administrator" means a full-time employee of
a school in the school city who is:
(1) a principal;
(2) an assistant principal;
(3) a superintendent;
(4) an assistant superintendent; or
(5) (3) any other educational manager at the school.
SOURCE: IC 20-26-5-4; (13)MO124203.5. -->
SECTION 5. IC 20-26-5-4, AS AMENDED BY HEA 1357-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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.
However, a governing body may not use funds received from the
state to bring or join in an action against the state, unless the
governing body is challenging an adverse decision by a state
agency, board, or commission.
(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
(B) provision for expenses incurred in interviewing job
(C) developing relations with other governmental units.
(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
(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
(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.
(A) Employ, contract for, and discharge superintendents,
are not required to hold a license under IC 20-28-5),
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 that are consistent with
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
(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
(10) Subject to IC 20-27-13, 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. In
accordance with IC 20-26-17, 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
(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.
SOURCE: IC 20-28-8-6; (13)MO124203.6. -->
SECTION 6. IC 20-28-8-6, AS AMENDED BY HEA 1357-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. A contract entered into by a governing body
and its superintendent is subject to the following conditions:
If the superintendent holds a license under IC 20-28-5, The
basic contract must be in the form of the regular teacher's contract.
(2) The contract must be for a term of at least thirty-six (36)
(3) The contract may be altered or rescinded for a new one at any
time by mutual consent of the governing body and the
superintendent. The consent of both parties must be in writing and
must be expressed in a manner consistent with this section and
sections 7 through 8 of this chapter.
If the superintendent holds a license under IC 20-28-5, The
rights of a superintendent as a teacher under any other law are not
affected by the contract.