Ind. Code ch. 20-28-8

Ind. Code ch. 20-28-8
in effect

Ind. Code § 20-28-8-1 School principal's and administrative assistant's contracts

Sec. 1. A school corporation may provide in the contract of a principal or of any of the principal's administrative assistants compensation for services performed for a time, either before or after the school term, as considered necessary by the governing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-17.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-8-2 School principal's and assistant principal's contracts; conditions

Sec. 2. A contract of employment shall be entered into between the governing body of the school corporation and a principal or assistant principal subject to the following conditions: (1) The basic contract must be the regular teacher's contract as prescribed by the secretary of education unless the parties agree to an alternative employment contract. (2) This subdivision applies to contracts entered into or renewed after June 30, 2019. The initial contract must be for a term of at least one (1) year and not more than three (3) years. However, a contract may be extended for not more than an additional three (3) years beyond the term of the original contract. (3) The contract may be altered, modified, or rescinded in favor of a new contract at any time by mutual consent of the governing body of the school corporation and the principal or assistant principal, if the contract, when reduced to writing, is consistent with this chapter. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-17.1.] As added by P.L.1-2005, SEC.12. Amended by P.L.152-2019, SEC.1; P.L.43-2021, SEC.92; P.L.74-2026, SEC.103.

Ind. Code § 20-28-8-2.5 Limitations regarding payments to buy out school principal or assistant principal contracts

Sec. 2.5. Unless a provision in a contract between the governing body of a school corporation and a principal or an assistant principal entered into or renewed before July 1, 2019, provides otherwise, the governing body of a school corporation may not pay to a principal or an assistant principal, to buy out a contract entered into between the governing body and the principal or assistant principal, an amount that exceeds an amount equal to the principal's or assistant principal's salary for any one (1) year under the contract. The principal's or assistant principal's salary under this section does not include benefits or any other forms of compensation that the principal or assistant principal receives as payment under the contract other than the principal's or assistant principal's salary. As added by P.L.152-2019, SEC.2.

Ind. Code § 20-28-8-2.7 Assistant superintendent contracts

Sec. 2.7. For a contract entered into or renewed after June 30, 2019, an initial contract entered into between the governing body of a school corporation and an assistant superintendent must be for a term of at least one (1) year and not more than three (3) years. However, a contract may be extended for not more than an additional three (3) years beyond the term of the original contract. As added by P.L.152-2019, SEC.3.

Ind. Code § 20-28-8-3 Assistant superintendent, principal, and assistant principal contracts; renewal or refusal to renew; written notice

Sec. 3. (a) Before March 1 of the year during which the contract of an assistant superintendent, a principal, or an assistant principal is due to expire, the governing body of the school corporation, or an attorney acting at the direction of the governing body, shall give written notice of renewal or refusal to renew the individual's contract for the ensuing school year. (b) This section does not prevent the modification or termination of a contract by mutual agreement of the assistant superintendent, the principal, or the assistant principal and the governing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-17.2.] As added by P.L.1-2005, SEC.12. Amended by P.L.253-2013, SEC.2; P.L.233-2015, SEC.212; P.L.239-2015, SEC.5; P.L.118-2016, SEC.13.

Ind. Code § 20-28-8-3.5 Limitations regarding payment to buy out assistant superintendent contracts

Sec. 3.5. Unless a provision in a contract between the governing body of a school corporation and an assistant superintendent entered into or renewed before July 1, 2019, provides otherwise, the governing body of a school corporation may not pay to an assistant superintendent to buy out a contract entered into between the governing body and the assistant superintendent an amount that exceeds an amount equal to the lesser of: (1) the assistant superintendent's salary for any one (1) year under the contract; or (2) two hundred fifty thousand dollars ($250,000). An assistant superintendent's salary under subdivision (1) does not include benefits or any other forms of compensation that the assistant superintendent receives as payment under the contract other than the assistant superintendent's salary. As added by P.L.152-2019, SEC.4.

Ind. Code § 20-28-8-4 Written preliminary notice that governing body considering not renewing contract; private conference

Sec. 4. (a) At least thirty (30) days before giving written notice of refusal to renew a contract under section 3 of this chapter, the governing body, or an employee at the direction of the governing body, shall inform the assistant superintendent, the principal, or the assistant principal by written preliminary notice that: (1) the governing body is considering a decision not to renew the contract; and (2) if the individual files a request with the school corporation for a private conference not later than five (5) days after receiving the preliminary notice, the individual is entitled to a private conference with the superintendent of the school corporation. (b) If the individual files a request with the school corporation for an additional private conference not later than five (5) days after the initial private conference with the superintendent of the school corporation, the individual is entitled to an additional private conference with the governing body of the school corporation before being given written notice of refusal to renew the contract. (c) The preliminary notice required under this section must include the governing body's reasons for considering a decision not to renew. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-17.3.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-8-5 Consideration of statewide assessment test scores in evaluation of principal's performance

Sec. 5. The evaluation of a principal's performance may not be based wholly on the statewide assessment program test scores of the students enrolled at the principal's school. However, the statewide assessment program test scores of the students enrolled at a principal's school may be considered as one (1) of the factors in the evaluation of the principal's overall performance at the school. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-17.7.] As added by P.L.1-2005, SEC.12. Amended by P.L.242-2017, SEC.20.

Ind. Code § 20-28-8-6 Superintendent contracts

Sec. 6. (a) A contract entered into by a governing body and its superintendent is subject to the following conditions: (1) 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 section 7 of this chapter. (2) 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. However, if a right of a superintendent as a teacher under any other law conflicts with the conditions under subsection (b), subsection (b) governs. (3) For a contract entered into or renewed after June 30, 2017, the conditions set forth under subsection (b). (b) This subsection applies to contracts entered into or renewed after June 30, 2017. A contract entered into by a governing body and its superintendent is subject to the following conditions: (1) The contract must be for a term of at least one (1) year and not more than three (3) years. However, a contract may be extended for not more than an additional five (5) years beyond the term of the original contract. (2) If the contract contains a provision that establishes an amount the governing body must pay to the superintendent to buy out the contract, the amount may not be more than an amount equal to the lesser of: (A) the superintendent's salary for any one (1) year under the contract; or (B) two hundred fifty thousand dollars ($250,000). A superintendent's salary under clause (A) does not include benefits or any other forms of compensation that the superintendent receives as payment under the contract other than the superintendent's salary. (c) This subsection applies to a governing body in which at least two (2) members are elected. After June 30, 2021, a governing body may not enter into a contract with a superintendent under this section on or after the date of the election for two (2) or more members of the governing body until January 1 of the year immediately following the year of the election. However, this subsection does not apply if: (1) the membership of the governing body does not change as a result of the particular election; or (2) only one (1) new member is elected to the governing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-18.] As added by P.L.1-2005, SEC.12. Amended by P.L.167-2013, SEC.6; P.L.233-2015, SEC.213; P.L.208-2017, SEC.3; P.L.155-2020, SEC.12; P.L.115-2024, SEC.5; P.L.135-2025, SEC.11.

Ind. Code § 20-28-8-7 Superintendent's contract; termination

Sec. 7. A superintendent's contract terminates on the following dates and under the following conditions only: (1) On any date, if the governing body and the superintendent mutually consent. (2) Before the expiration date set forth in the contract, if the governing body terminates the contract: (A) for cause under a statute that sets forth causes for dismissal of teachers, if the superintendent is licensed under IC 20-28-5; or (B) for: (i) immorality; (ii) misconduct in office; (iii) incompetency; or (iv) willful neglect of duty; if the superintendent is not licensed under IC 20-28-5. However, the governing body must give the superintendent proper notice and, if the superintendent requests a hearing at least ten (10) days before the termination, must grant the superintendent a hearing at an official meeting of the governing body. (3) On the expiration date set forth in the contract, if the governing body not later than January 1 of the year in which the contract expires gives notice to the superintendent in writing, delivered in person or by registered mail. (4) On the expiration date set forth in the contract, if the superintendent not later than January 1 of the year in which the contract expires gives proper notice in writing to the governing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-19.] As added by P.L.1-2005, SEC.12. Amended by P.L.167-2013, SEC.7.

Ind. Code § 20-28-8-8 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-20.] As added by P.L.1-2005, SEC.12. Repealed by P.L.233-2015, SEC.214.

Ind. Code § 20-28-8-9 Director of special education; compensation for services before or after school term

Sec. 9. A managing body may provide in the contract of a local director compensation for services performed for a time, either before or after the school term, as considered necessary by the managing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-22.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-8-10 Director of special education; conditions for employment contract

Sec. 10. A contract of employment shall be entered into between the managing body and a local director subject to the following conditions: (1) The minimum term of the initial contract must be the equivalent of two (2) school years. (2) The contract may be altered, modified, or rescinded in favor of a new contract at any time by mutual consent of the managing body and the local director if the written contract is consistent with this chapter. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-23.] As added by P.L.1-2005, SEC.12. Amended by P.L.43-2021, SEC.93; P.L.74-2026, SEC.104.

Ind. Code § 20-28-8-11 Director of special education; expiration of contract; reinstatement; modification or termination

Sec. 11. (a) Before February 1 of the year during which the contract of a local director is due to expire, the managing body, or an employee at the direction of the managing body, shall give written notice of renewal or refusal to renew the local director's contract for the ensuing school year. (b) This section does not prevent the modification or termination of a contract by mutual agreement of the local director and the managing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-24.] As added by P.L.1-2005, SEC.12. Amended by P.L.233-2015, SEC.215.

Ind. Code § 20-28-8-12 Director of special education; nonrenewal of contract; notice; private conference

Sec. 12. (a) At least thirty (30) days before giving written notice of refusal to renew a contract under section 11 of this chapter, the managing body, or an employee at the direction of the managing body, shall inform the local director by written preliminary notice that: (1) the managing body is considering a decision not to renew the contract; and (2) if the local director files a request with the managing body for a private conference not later than five (5) days after receiving the preliminary notice, the local director is entitled to a private conference with the superintendent, president, trustee, or other head of the managing body. (b) If the local director files a request with the managing body for an additional private conference not more than five (5) days after the initial private conference with the superintendent, president, trustee, or other head of the managing body, the local director is entitled to an additional private conference with the managing body before being given written notice of refusal to renew the contract. (c) The preliminary notice required under this section must include the managing body's reasons for considering a decision not to renew. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-25.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-8-13 Prohibition on bonus or incentive based on approval of a public question

Sec. 13. (a) For purposes of this section, "school administrator" includes a principal, an assistant principal, a superintendent, and an assistant superintendent. (b) A contract entered into between the governing body of a school corporation and a school administrator may not provide for the awarding of a monetary bonus or other incentive that is based on the approval of a public question under IC 6-1.1-20 or IC 20-46. As added by P.L.136-2021, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026

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