CHAPTER 2. COUNTY SUPERINTENDENT OF SCHOOLS
IC 20-23-2
Chapter 2. County Superintendent of Schools
IC 20-23-2-1
Elections; oath; bond; tie vote
Sec. 1. (a) The township trustees of each county shall meet at the
office of the county auditor on the first Monday in June, 2005, at 10
a.m., and every four (4) years thereafter and elect by ballot a county
superintendent for the county. The county superintendent elected by
the township trustees shall enter upon the duties of the office on
August 16 following and, unless sooner removed, holds the office
until a successor is elected and qualified.
(b) Before entering upon the duties of the office, the county
superintendent elected under subsection (a) shall:
(1) subscribe and take an oath to perform faithfully the county
superintendent's duties according to law; and
(2) file the oath with the county auditor.
(c) The county superintendent shall execute, in the manner
prescribed by IC 5-4-1, a bond conditioned upon the faithful
discharge of the superintendent's duties.
(d) The county auditor shall report the name and address of the
person elected under subsection (a) to the state superintendent.
(e) If a vacancy occurs in the office of county superintendent, the
township trustees of the county, on at least three (3) days notice
given by the county auditor, shall assemble at 10 a.m., on the day
designated in the notice, at the office of the auditor, and fill the
vacancy by ballot for the unexpired term.
(f) In all elections of a county superintendent, the county auditor
is the clerk of the election. In case of a tie vote, the auditor shall cast
the deciding vote. If one (1) candidate receives a number of votes
equal to one-half (1/2) of all the trustees of the county, the county
auditor shall then and at all subsequent ballots cast the auditor's vote
with the trustees until a candidate receives a majority of all the votes
in the county, including the county auditor. The county auditor shall
keep a record of the election in a book kept for that purpose.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-2
Vacancies in office
Sec. 2. If there is an election of a county superintendent under
section 1(a) of this chapter and the person elected dies or fails,
refuses, or neglects to assume the duties of the office on or before
August 16 of the year of the election, the township trustees shall:
(1) as soon as possible declare a vacancy in the office of county
superintendent; and
(2) immediately hold another election to elect a county
superintendent under section 1(a) of this chapter.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-3
Impeachment; grounds; procedures
Sec. 3. (a) A county superintendent may be impeached for
immorality, incompetency, or general neglect of duty, or for acting
as agent for the sale of any textbook, school furniture, maps, charts,
or other school supplies.
(b) Impeachment proceedings are governed by the provisions of
law for impeaching county officers.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-4
Duties of county superintendent
Sec. 4. (a) The county superintendent has the general
superintendence of the schools of the superintendent's county. The
county superintendent shall do the following:
(1) Attend each township school at least one (1) time during
each school year, and otherwise as often as possible.
(2) Preside over and conduct each school's exercises.
(3) Visit schools while the schools are in session to increase the
schools' usefulness and elevate, as far as practicable, the poorer
schools to the standard of the best.
(4) Conduct teachers' institutes and encourage other like
associations.
(5) Labor, in every practicable way, to elevate the standard of
teaching and to improve the condition of the schools of the
superintendent's county.
(b) This subsection does not apply to a dispute concerning:
(1) the legality of school meetings;
(2) the establishment of schools;
(3) the location, building, repair, or removal of school
buildings;
(4) the transfer of individuals for school purposes; or
(5) the resignation or dismissal of teachers.
In all controversies of a general nature arising under the school law,
the decision of the county superintendent must first be obtained. An
appeal may be taken from the county superintendent's decision to the
state superintendent on a written statement of facts, certified by the
county superintendent.
(c) This chapter may not be construed to change or abridge the
jurisdiction of any court in cases arising under the school laws of
Indiana. The right of any person to bring suit in any court, in any
case arising under the school laws, is not abridged by this chapter.
(d) The county superintendent:
(1) shall carry out the orders and instructions of the state board
and the state superintendent; and
(2) constitutes the medium between the state superintendent and
subordinate school officers and the schools.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-5
Exemption of city schools from superintendent's authority
Sec. 5. City schools that have appointed superintendents are
exempt from general superintendence under this chapter upon a
written request of the school board of the city.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-6
Office and supplies; compensation
Sec. 6. The board of county commissioners shall:
(1) provide and furnish an office for the county superintendent;
and
(2) allow and pay all costs incurred by the county
superintendent for postage, stationery, and records in carrying
out this chapter, upon satisfactory proof of the costs incurred
submitted by the county superintendent.
The county superintendent shall be paid for the county
superintendent's services the sum of four dollars ($4) per day.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-7
Eligibility for office
Sec. 7. (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
(2) disqualify;
an incumbent of the office of county superintendent.
As added by P.L.1-2005, SEC.7.
IC 20-23-2-8
Traveling expenses
Sec. 8. (a) The county superintendent of schools is entitled to
receive as actual traveling expenses in discharging the duties of the
superintendent's office a sum of not more than three hundred dollars
($300) per year.
(b) The county council may annually appropriate an amount
sufficient to pay the expenses described in subsection (a).
(c) The board of county commissioners shall allow an amount
appropriated under subsection (b) by a county council.
As added by P.L.1-2005, SEC.7.