CHAPTER 8. CHARTER SCHOOL POWERS AND EXEMPTIONS
IC 20-24-8
Chapter 8. Charter School Powers and Exemptions
IC 20-24-8-1
Powers of charter schools
Sec. 1. A charter school may do the following:
(1) Sue and be sued in its own name.
(2) For educational purposes, acquire real and personal property
or an interest in real and personal property by purchase, gift,
grant, devise, or bequest.
(3) Convey property.
(4) Enter into contracts in its own name, including contracts for
services.
As added by P.L.1-2005, SEC.8.
IC 20-24-8-2
Prohibited acts
Sec. 2. (a) A charter school may not do the following:
(1) Operate at a site or for grades other than as specified in the
charter.
(2) Charge tuition to any student residing within the school
corporation's geographic boundaries. However, a charter school
may charge tuition for:
(A) a preschool program, unless charging tuition for the
preschool program is barred under federal law; or
(B) a latch key program;
if the charter school provides those programs.
(3) Except for a foreign exchange student who is not a United
States citizen, enroll a student who is not a resident of Indiana.
(4) Be located in a private residence.
(5) Provide solely home based instruction.
(b) A charter school is not prohibited from delivering instructional
services:
(1) through the Internet or another online arrangement; or
(2) in any manner by computer;
if the instructional services are provided to students enrolled in the
charter school in a manner that complies with any procedures
adopted by the department concerning online and computer
instruction in public schools.
As added by P.L.1-2005, SEC.8. Amended by P.L.169-2005, SEC.16.
IC 20-24-8-3
Compliance with laws, charter, and state constitution
Sec. 3. For each charter school established under this article, the
charter school and the organizer are accountable to the sponsor for
ensuring compliance with:
(1) applicable federal and state laws;
(2) the charter; and
(3) the Constitution of the State of Indiana.
As added by P.L.1-2005, SEC.8.
IC 20-24-8-4
Statutes, rules, and regulations not applicable
Sec. 4. Except as specifically provided in this article and the
statutes listed in section 5 of this chapter, the following do not apply
to a charter school:
(1) An Indiana statute applicable to a governing body or school
corporation.
(2) A rule or guideline adopted by the state board.
(3) A rule or guideline adopted by the advisory board of the
division of professional standards established by IC 20-28-2-2,
except for those rules that assist a teacher in gaining or
renewing a standard or advanced license.
(4) A local regulation or policy adopted by a school corporation
unless specifically incorporated in the charter.
As added by P.L.1-2005, SEC.8. Amended by P.L.246-2005,
SEC.130.
IC 20-24-8-5
Applicable statutes, rules, and guidelines
Sec. 5. The following statutes and rules and guidelines adopted
under the following statutes apply to a charter school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
(6) IC 20-28-7-14 (void teacher contract when two (2) contracts
are signed).
(7) IC 20-28-10-12 (nondiscrimination for teacher marital
status).
(8) IC 20-28-10-14 (teacher freedom of association).
(9) IC 20-28-10-17 (school counselor immunity).
(10) For conversion charter schools only, IC 20-28-6,
IC 20-28-7, IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(11) IC 20-33-2 (compulsory school attendance).
(12) IC 20-33-3 (limitations on employment of children).
(13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
due process and judicial review).
(14) IC 20-33-8-16 (firearms and deadly weapons).
(15) IC 20-34-3 (health and safety measures).
(16) IC 20-33-9 (reporting of student violations of law).
(17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
(18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6,
IC 20-32-8, or any other statute, rule, or guideline related to
standardized testing (assessment programs, including
remediation under the assessment programs).
(19) IC 20-33-7 (parental access to education records).
(20) IC 20-31 (accountability for school performance and
improvement).
(21) IC 20-30-5-19 (personal financial responsibility
instruction).
As added by P.L.1-2005, SEC.8. Amended by P.L.2-2006, SEC.111;
P.L.121-2009, SEC.5; P.L.154-2009, SEC.1.
IC 20-24-8-6
Bureau of Apprenticeship and Training apprenticeship programs
Sec. 6. (a) A charter school may not duplicate a Bureau of
Apprenticeship and Training (BAT) approved Building Trades
apprenticeship program.
(b) A student in a charter school may not be excluded from
participating in a BAT approved Building Trades apprenticeship
program that is offered in a noncharter school.
As added by P.L.1-2005, SEC.8.
IC 20-24-8-7
Financial reports and audits
Sec. 7. A charter school may use any money distributed by law to
the charter school to prepare financial reports and conduct audits that
the charter school determines are necessary for the conduct of the
affairs of the charter school. A financial report or an audit under this
section does not replace a financial report or an audit required under
IC 5-11-1-9.
As added by P.L.169-2005, SEC.17.