CHAPTER 4. GENERAL ADMINISTRATIVE PROVISIONS
IC 20-25-4
Chapter 4. General Administrative Provisions
IC 20-25-4-1
Contracts or obligations; appropriations
Sec. 1. A contract or an obligation is not binding on the board
unless the board makes an appropriation for the contract or
obligation.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-2
Contracts involving more than $75,000; bidding for supplies and
materials
Sec. 2. (a) A contract involving more than seventy-five thousand
dollars ($75,000) must be:
(1) in writing;
(2) executed in the name of the board by:
(A) the board's business manager; or
(B) another board designated employee; and
(3) approved by the board.
(b) If money for a contract or purchase has been appropriated by
the board, the designated employee may make contracts and
purchases not exceeding seventy-five thousand dollars ($75,000) in
any one (1) transaction. A contract and purchase under this
subsection must be reported to the board at its next regular meeting.
(c) A purchase of supplies or materials may not be made from one
(1) person, firm, limited liability company, or corporation at any one
(1) time or in any one (1) transaction totalling more than ten
thousand dollars ($10,000) unless bids for the purchase of the
supplies or the materials have been advertised and accepted. The
board shall determine the mode and manner of advertising for bids
for supplies and materials.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-3
School building improvements; bidding procedure
Sec. 3. (a) This section does not apply if the board by formal vote
elects to:
(1) build;
(2) enlarge;
(3) make alterations to; or
(4) make improvements to;
a school or building owned by the board if the project described in
subdivisions (1) through (4) will cost not more than fifteen thousand
dollars ($15,000) and the board intends to complete the project using
its own employees.
(b) If subsection (a) does not apply and the board determines to:
(1) build;
(2) enlarge;
(3) make alterations to; or
(4) make improvements to;
a school or building owned by the board, the cost of which is
estimated to be more than ten thousand dollars ($10,000), the
business manager or other board designated employee shall advertise
for bids in the manner provided in subsection (c).
(c) The advertisements for bids must be placed as follows:
(1) One (1) advertisement must be placed each week for three
(3) weeks.
(2) The first advertisement must be placed at least twenty-one
(21) days before the bids are opened.
(3) The advertisement must be placed in two (2) newspapers of
general circulation in the city.
The board shall enter in full in the minutes that advertisements for
bids have been placed under this subsection.
(d) If bids are taken under this section, a bid must be:
(1) enclosed by the bidder in an envelope sealed by the bidder;
and
(2) presented at a meeting of the board or the bid committee of
the board at the time and place fixed by the advertisement.
A bid may not be received after the time established in the
advertisement.
(e) The business manager at the hour established in the
advertisements and in the presence of the board or the bid committee
shall open all the bids. The bids must then be publicly read by a
designated employee and be immediately entered in full in the
records of the board.
(f) The board shall, by general rules, specify the condition of each
bid, and only the lowest and best bids from responsible bidders may
be accepted. The board may, if the board has reason to suspect
collusion among bidders, reject the bids of all bidders involved in the
collusion.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-4
Designation of bid committee; opening and tabulating of bids
Sec. 4. (a) Notwithstanding any other law, the board may
designate a committee of the board, which may consist of employees
or officers of the board, to open or tabulate bids at a date, time, and
place fixed by advertisement for:
(1) the purchase of:
(A) supplies;
(B) material;
(C) equipment; or
(D) land;
(2) the building, enlargement, or alteration of any school
building; or
(3) any other purpose.
(b) The committee of the board shall open and tabulate each bid
that is presented to the committee. The bids shall be:
(1) read and tabulated publicly;
(2) immediately entered in the record of the board; and
(3) reported to the board at the board's next meeting.
(c) A bid shall be accepted or rejected by the committee of the
board under this section. The bid shall be accepted or rejected by the
board in an official board meeting.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-5
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-6
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-7
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-8
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-9
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-25-4-10
Limitations on debt; eminent domain power of board of school
commissioners
Sec. 10. (a) If the compensation to be paid for the purchase of real
estate or an interest in real estate required by the board for the
board's purposes cannot be agreed upon or determined by the:
(1) board; and
(2) persons owning or having an interest in the land desired;
the board may, by eminent domain, determine the compensation and
acquire the title to the real estate or interest in the real estate by court
action under IC 32-24.
(b) The right and power of the board to own and acquire real
estate and interests in real estate in any manner and for any purpose
specified in this chapter or by the general school laws of Indiana is
not limited to real estate situated within the corporate boundaries of
the civil city in which a school city is located. However, the right and
power to acquire and own real estate extends to any parcel or trace
of real estate the whole of which is situated:
(1) within one-half (1/2) mile of the nearest point on the
corporate boundary of the civil city;
(2) within a platted territory:
(A) outside but contiguous to; or
(B) contiguous to another platted territory that is contiguous
to;
the corporate boundary of the civil city; or
(3) within one-half (1/2) mile of the nearest point of the
boundary of a platted territory:
(A) outside but contiguous to; or
(B) contiguous to another platted territory that is contiguous
to;
the corporate boundary of the civil city.
"Platted territory", as used in this subsection, means a territory or
land area for which a plat has been recorded in the manner provided
by Indiana law pertaining to the recording of plats of land.
(c) Before acquiring any real estate or interest in real estate
outside the corporate limits of the civil city, the board must, by
resolution entered into the record of the board's corporate minutes,
find and determine that, in the judgment of the board, the real estate
or interest in real estate to be acquired will be needed for the future
purposes of the board. This chapter does not limit the right of any
board to accept, own, and hold real estate or an interest in real estate,
wherever situated, that is acquired by the board by gift or devise.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.113.
IC 20-25-4-11
Board of school commissioners; powers and duties conferred by
law
Sec. 11. The board has the powers and duties conferred upon
governing bodies by existing statutes and by the general school laws,
including IC 20-26-1, IC 20-26-2, IC 20-26-3, IC 20-26-4,
IC 20-26-5, IC 20-26-7, and IC 20-41-1, to the extent the powers and
duties are consistent with this chapter.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.114.
IC 20-25-4-12
Board of school commissioners; powers; prohibited land
acquisitions
Sec. 12. (a) The board may:
(1) except as provided in subsection (b), acquire by purchase,
devise, gift, lease, or condemnation grounds needed by the
school city;
(2) construct or lease buildings for school, school
administration, or school office purposes;
(3) employ and pay all employees needed in any branch of the
work committed to the board;
(4) disburse, according to law, all money of the school city for
lawful school city purposes;
(5) have and exercise in the school city full and exclusive:
(A) authority concerning the conduct and management of all
common schools, including elementary schools and high
schools; and
(B) power to establish and enforce all regulations for the:
(i) grading of; and
(ii) courses of;
instruction in all schools and for the government and
discipline of the schools;
(6) divide the city into districts for school attendance purposes;
(7) maintain special day or night schools to which the board
may admit adults and children at least fifteen (15) years of age;
and
(8) maintain playgrounds and vacation schools.
(b) The board may not acquire the following real property:
Lots 693-719, inclusive, and 7 1/2 feet west of and adjacent to
such lots, in Norcliffe Addition, an addition to the city of
Indianapolis, as per plat thereof, recorded in plat book 18 at
pages 165 and 166, in the office of the recorder of Marion
County, Indiana.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-13
Operating expenses for special schools and vacation schools;
imposition of fees
Sec. 13. The expense of operating special schools under section
12(a)(7) of this chapter and playgrounds and vacation schools under
section 12(a)(8) of this chapter must be paid out of the board's
general fund. The board may make and impose fees that the board
considers reasonable for:
(1) enrollment of any high school graduate in any class offered
in a special school; and
(2) enrollment by any person at least seventeen (17) years of
age in any special school class that does not provide credit
toward graduation or progression in the regularly maintained
common schools in the school city.
The receipts from fees under this section become a part of the board's
general fund.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-14
School cities; power to sell real estate and transfer personal
property
Sec. 14. (a) A school city may:
(1) sell real estate;
(2) transfer personal property; and
(3) execute deeds of conveyance and instruments of transfer
with or without covenants of warranty;
if, in the opinion of the board, the real estate or personal property
cannot be advantageously used for school or library purposes and can
be sold for its fair cash value.
(b) A determination by the board that real estate or personal
property cannot be advantageously used under subsection (a) must
be entered into the record of the minutes of the school city's board.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-15
Absence of board commissioners or employees; reimbursement for
expenses
Sec. 15. (a) The board may, subject to the board's rules, authorize
a member of the board or an officer or individual employed by the
board to be absent from the school city in the interest of the school
city without loss of compensation.
(b) The board may refund to an individual described in subsection
(a) necessary expenses incurred during the individual's absence. The
amount refunded under this subsection must be paid from the board's
general fund.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-16
Industrial or manual training and education system; establishment
Sec. 16. (a) The board may establish and conduct a system of
industrial or manual training and education in connection with and
as part of the board's common school system.
(b) Industrial or manual training or education may include:
(1) the principal use of tools and mechanical implements; and
(2) the elementary principles of mechanical construction,
mechanical drawing, and printing.
The board shall employ competent instructors in each of the various
subjects.
(c) The board shall establish rules and regulations for the
admission of students to the industrial and manual training education
system. The rules and regulations must, in the judgment of the board,
produce the best results and provide instruction to the largest
practicable number of students. The instruction in industrial and
manual training education may be given in space provided in school
buildings or in separate buildings if, in the judgment of the board, it
is most advantageous.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-17
Industrial or trade school properties acquired by gift; maintenance
and operation of trade school; transfer tuition charges;
nonresidents
Sec. 17. (a) If a school city acquires title to or possession of real
estate, buildings, and personal property in the school city by gift or
donation, and the real estate, building, or personal property was used
as an industrial or trade school for the education of youths in the
trades of:
(1) printing;
(2) lithography;
(3) machine making;
(4) molding;
(5) typesetting;
(6) bricklaying;
(7) tile setting;
(8) pattern making;
(9) pharmacy; or
(10) other trades or occupations;
the board may, by the use of the board's school funds, maintain and
operate the industrial or trade school or schools.
(b) If real estate, a building, or personal property is acquired by
the school city under subsection (a), the board shall:
(1) perform any conditions incident to the school city's
acquisition of the property;
(2) maintain and operate the trade school and real estate,
building, or personal property;
(3) employ competent instructors in the various subjects to be
taught;
(4) purchase all necessary tools, implements, supplies, and
apparatus; and
(5) establish general rules and requirements for:
(A) admission of pupils to the school or schools;
(B) the courses of instruction; and
(C) the conduct of the trade or industrial schools;
that, in the board's judgment, will produce the best results and
give instruction to the largest practicable number of students.
The school city may also use the real estate, building, or personal
property acquired under subsection (a) for other school purposes, but
not for any purpose that will materially interfere with the conduct of
the trade or industrial schools.
(c) The transfer tuition charge for each student who:
(1) is transferred to the school city from another school
corporation in Indiana; and
(2) receives trade or industrial instruction in a trade or industrial
school located on property acquired under subsection (a);
must be the actual per capita cost of operating the school the student
attends. However, the costs of permanent improvements or additions,
the salaries of the superintendents, or the costs of apparatus or
repairing broken or damaged apparatus may not be used in
computing the actual per capita cost.
(d) If the school city admits a student to a trade school acquired
by means described in this section and the student is not, by law,
entitled to school privileges, the tuition charge for the student may
not be greater than the per capita cost of operating the school the
student attends. The cost of permanent improvements and additions
may not be included in computing the cost under this subsection.
(e) A school city may admit to the school city's career and
technical, trade, or industrial schools nonresidents of Indiana. A
nonresident student must pay reasonable laboratory and shop fees
and a tuition fee of not more than the per student cost to the school
city conducting the career and technical, trade, or industrial schools.
A return on capital invested in buildings, grounds, or equipment may
not be included in computing the per student cost under this
subsection.
As added by P.L.1-2005, SEC.9. Amended by P.L.234-2007,
SEC.102.
IC 20-25-4-18
Authority of school cities to accept property in trust
Sec. 18. (a) A school city may accept property in trust to be used
for common school or career and technical, trade, or industrial school
purposes. The school city, whether made trustee by appointment of
a court or by the founder of the trust, may carry out the terms of the
trust in conducting common schools or career and technical, trade,
or industrial schools.
(b) If a school city by:
(1) resolution of; or
(2) other formal corporate action of;
the board accepts real estate or other property in trust under
subsection (a), the school city shall perform all requirements made
conditions of the trust performable by the trustee.
As added by P.L.1-2005, SEC.9. Amended by P.L.234-2007,
SEC.103.
IC 20-25-4-19
School lunches; expenses
Sec. 19. (a) If the board determines it will promote the health of
school children and advance the educational work of the schools, the
board may provide for the serving of lunches to the students
attending designated schools.
(b) The board may:
(1) establish kitchens and lunch rooms;
(2) provide equipment suitable for kitchens and lunch rooms;
(3) make other necessary provision for furnishing and serving
lunches; and
(4) employ a director and other necessary assistants or
employees;
to provide lunches under subsection (a).
(c) The board shall pay the expenses arising under subsection (b)
out of the board's general fund. The expense of operating a lunch
department shall, so far as practicable, be paid from charges paid by
the students for the lunches. However, the board may, in the board's
discretion, furnish lunches without cost to a student who is needy and
unable to pay for the student's lunch.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-20
Applicability of general school laws
Sec. 20. The general school laws of Indiana and all laws and parts
of laws applicable to the general system of common schools in
school cities, so far as not inconsistent with this chapter and other
provisions of this article, and unless made inapplicable by this
article, are in full force and effect in a school city to which this
chapter applies.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-21
School reorganization plans; applicability
Sec. 21. This chapter applies to the school city to the extent the
chapter is not in conflict with:
(1) IC 20-23-4 and IC 20-23-16; and
(2) the school reorganization plan applicable to the school city
or the school city's successor corporation under the terms of
IC 20-23-4 and IC 20-23-16.
However, IC 20-25-3-4 prevails over any conflicting provision of
IC 20-23-4 and IC 20-23-16 and over the provisions of any school
reorganization plan.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-22
Authority to establish police department
Sec. 22. The governing body of a school city may establish a
police department under IC 20-26-16.
As added by P.L.132-2007, SEC.5.