Ind. Code § 20-26-5-0.3 Repealed
As added by P.L.220-2011, SEC.326. Repealed by P.L.233-2015, SEC.96.
Ind. Code ch. 20-26-5
Ind. Code ch. 20-26-5
in effectInd. Code § 20-26-5-1 Power and purpose to conduct various education programs
Sec. 1. (a) A school corporation shall conduct an educational program for all children who reside within the school corporation in kindergarten and in grades 1 through 12.
(b) A school corporation may:
(1) conduct an educational program for adults and children at least fourteen (14) years of age who do not attend a program described in subsection (a);
(2) provide instruction in vocational, industrial, or manual training;
(3) provide libraries for the schools of the school corporation;
(4) provide public libraries open and free for the use and benefit of the residents and taxpayers of the school corporation where permitted by law;
(5) provide vacation school and recreational programs;
(6) conduct other educational or other activities as are permitted or required to be performed by law by any school corporation; and
(7) provide a school age child care program that operates during periods when school is in session for students who are enrolled in a half-day kindergarten program.
(c) A school corporation shall develop a written policy that provides for:
(1) the implementation of a school age child care program for children who attend:
(A) preschool offered by the school corporation, if applicable; and
(B) kindergarten through grade 6;
that, at a minimum, operates after the school day and may include periods before school is in session or periods when school is not otherwise in session (commonly referred to as a latch key program) and is offered by the school corporation; or
(2) the availability of the school corporation's buildings or parts of the school corporation's buildings to conduct the type of program described in subdivision (1) by a nonprofit organization or a for-profit organization.
(d) The written policy required under subsection (c) must address compliance with certain standards of reasonable care for children served by a child care program offered under subsection (c), including:
(1) requiring the offering entity to acquire a particular amount of liability insurance; and
(2) establishing maximum adult to child ratios governing the overall supervision of the children served.
If a school corporation implements a child care program as described in subsection (c)(1) or enters into a contract with an entity described in subsection (c)(2) to provide a child care program, the school corporation may not assess a fee for the use of the building, and the contract between the school corporation and the entity providing the program must be in writing. However, the school corporation may assess a fee to reimburse the school corporation for providing security, maintenance, utilities, school personnel, or other costs directly attributable to the use of the building for the program. In addition, if a school corporation offers a child care program as described in subsection (c)(1), the school corporation may assess a fee to cover costs attributable to implementing the program.
(e) The powers under this section are purposes as well as powers.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-1.2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015, SEC.97; P.L.82-2017, SEC.1.
Ind. Code § 20-26-5-2 Latch key programs; waiver from state board
Sec. 2. (a) Notwithstanding section 1 of this chapter, except as provided in subsection (c), a school corporation shall do one (1) of the following:
(1) Conduct a school age child care program (commonly referred to as a latch key program) for children who attend, except as otherwise provided in this subsection, kindergarten through grade 6 that, at a minimum:
(A) operates after the school day and may include periods before school is in session or periods when school is not otherwise in session and is offered by the school corporation; and
(B) is available to all children in the applicable grade levels within the school corporation.
(2) Contract with a nonprofit or for-profit organization to:
(A) conduct the type of program described in subdivision (1); and
(B) use school buildings or parts of school buildings in conducting the program.
A contract entered into under this subdivision must be in writing.
If a school corporation provides preschool, the school corporation may allow preschool students to participate in the school corporation's school age child care program (commonly referred to as a latch key program) described in subdivision (1). A school corporation is not required to conduct the school corporation's child care program or to contract for a child care program for children who attend preschool offered by the school corporation, if applicable, or kindergarten students at times when grades 1 through 6 are in session.
(b) A school corporation shall develop a written policy that addresses compliance with certain standards of reasonable care for children served by a child care program required under subsection (a), including the following:
(1) Requiring the offering entity to acquire a particular amount of liability insurance.
(2) Establishing maximum adult to child ratios governing the overall supervision of the children served.
A school corporation may not assess a fee for the use of a building for a child care program required under subsection (a). However, the school corporation may assess a fee to reimburse the school corporation for providing security, maintenance, utilities, school personnel, or other costs directly attributable to the use of a building for a child care program. If a school corporation conducts a child care program under subsection (a)(1), the school corporation may assess a fee to cover costs attributable to implementing the program.
(c) A school corporation shall receive a waiver from the state board of the requirement under subsection (a) if the school corporation believes that the school corporation would experience an undue hardship due to a low number of eligible children intending to use a child care program, regardless of whether the child care program is conducted by the school corporation or under a contractual agreement. To receive a waiver, the school corporation must include a detailed description of the school corporation's attempt to implement a child care program, including the following:
(1) A description of the steps taken to:
(A) conduct a child care program described in subsection (a)(1); or
(B) actively solicit nonprofit organizations or for-profit organizations to implement a child care program as provided in subsection (a)(2).
(2) Evidence that a request in writing was made to each parent to contact the school corporation to indicate the parent's willingness to use a child care program and documentation of the results received from parents.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-1.5.]
As added by P.L.1-2005, SEC.10. Amended by P.L.82-2017, SEC.2.
Ind. Code § 20-26-5-3 Latch key programs; required compliance
Sec. 3. (a) This section applies to a school age child care program (commonly referred to as a latch key program) operated by a nonprofit or for-profit organization under section 1 or 2 of this chapter.
(b) Before awarding a contract to operate a child care program described in subsection (a), a school corporation must comply with IC 5-22-9.
(c) In a request for proposals prepared under subsection (b), a school corporation must require each responding organization to specify the fee schedule the organization proposes to charge parents for the use of the child care program.
(d) An organization that operates a child care program described in subsection (a) must comply with the guidelines developed by the department and the school corporation for child care programs described in subsection (a).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-1.7.]
As added by P.L.1-2005, SEC.10.
Ind. Code § 20-26-5-4 Specific powers
Sec. 4. (a) 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 operations 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 ADM of the previous year (as defined in IC 20-43-1-7) to promote the best interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or awards;
(B) provision for expenses incurred in interviewing job applicants; or
(C) developing relations with other governmental units.
(4) To do the following:
(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 IC 20-47-5.
(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 and IC 20-26-7.1, 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) Except as provided under subsections (c) and (d), to lease any school property for a rental that the governing body considers reasonable or to permit the free use of school property for:
(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 school property continues to be used primarily for classroom instruction by the school corporation, is not subject to closure under IC 20-26-7-47, and is not a covered school building that must be made available for lease or purchase under IC 20-26-7.1. Under this subdivision, the governing body may enter into a lease or use agreement 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 lease or use agreement is made from money in the school corporation's debt service fund, all proceeds from the lease or use agreement 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. If the school property is not being used primarily for classroom instruction or is subject to closure under IC 20-26-7-47, the governing body must first comply with IC 20-26-7 and IC 20-26-7.1 before leasing the school property under this subdivision.
(8) To do the following:
(A) Employ, contract for, and discharge superintendents, 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 IC 20-28-9-1.5.
(C) Classify persons or services described in this subdivision and to adopt a compensation plan with a salary range that is consistent with IC 20-28-9-1.5.
(D) Determine the number of the persons or the amount of the services employed or contracted for as provided in this subdivision.
(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.
(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 or activities.
(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. 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:
(A) purchase curricular materials and to furnish curricular materials without cost; and
(B) assess and collect a reasonable fee for lost or significantly damaged curricular materials.
(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 5-10-8-6.7;
(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) Enter into agreements with one (1) or more other school corporations for a cooperative program of self-insurance protecting the school corporations and members of the governing bodies, employees, contractors, or agents of the school corporations from liability, risk, accident, or loss related to school property, school contract, school or school related activity, including maintenance of a cooperative 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 corporations. This subdivision does not authorize a governing body to enter into agreements with one (1) or more school corporations for the provision of health insurance coverage.
(17) 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 source.
(18) 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.
(19) 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".
(20) 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 20-26-12-1, IC 20-40-12, and IC 20-48-1 or any other law.
(21) 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, IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by specific language or by reference to other law.
(b) A superintendent hired under subsection (a)(8):
(1) is not required to hold a teacher's license under IC 20-28-5; and
(2) is preferred to have obtained at least a master's degree from an accredited postsecondary institution.
(c) The governing body acting on the school corporation's behalf may renew a lease or memorandum of understanding described in IC 20-26-7.1-3(d) with a nonprofit organization as described in IC 20-26-7.1-3(d).
(d) The governing body acting on the school corporation's behalf may lease any school property for a rental to one (1) or both of the following:
(1) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1.
(2) The Indiana School for the Deaf established by IC 20-22-2-1.
This subsection expires June 30, 2030.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.117; P.L.168-2006, SEC.1; P.L.182-2009(ss), SEC.316; P.L.69-2011, SEC.1; P.L.90-2011, SEC.11; P.L.200-2011, SEC.1; P.L.6-2012, SEC.131; P.L.145-2012, SEC.22; P.L.167-2013, SEC.5; P.L.205-2013, SEC.240; P.L.286-2013, SEC.57; P.L.2-2014, SEC.83; P.L.213-2015, SEC.165; P.L.233-2015, SEC.98; P.L.118-2016, SEC.5; P.L.121-2016, SEC.25; P.L.244-2017, SEC.42; P.L.270-2019, SEC.9; P.L.201-2023, SEC.160; P.L.36-2024, SEC.1; P.L.135-2025, SEC.5; P.L.74-2026, SEC.49.
Ind. Code § 20-26-5-4.1 Void and unenforceable terms in vendor contracts
Sec. 4.1. (a) This section applies to a vendor contract entered into, amended, or renewed after June 30, 2026.
(b) As used in this section, "automatic renewal provision" means a provision in a vendor contract that provides for the automatic renewal of the contract unless the governing body of a school corporation or the equivalent authority for a charter school gives notice to the vendor that the school corporation or charter school intends to terminate the vendor contract at the end of the contract term.
(c) As used in this section, "choice of law provision" means a term within a vendor contract that subjects the vendor contract to the laws of a state other than Indiana.
(d) As used in this section, "indemnity provision" means a provision, a clause, a covenant, or an agreement that:
(1) is contained in, collateral to, or affecting a vendor contract; and
(2) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, a vendor against liability for loss or damage resulting from:
(A) negligence;
(B) intentional acts; or
(C) omissions;
of the vendor or an agent, employee, servant, or independent contractor that is directly responsible to the vendor.
(e) As used in this section, "vendor contract" means a contract between a governing body of a school corporation or the equivalent authority for a charter school and a vendor in which the vendor promises to provide goods or services.
(f) Notwithstanding any other law, an indemnity provision in a vendor contract under this section is:
(1) against public policy; and
(2) void and unenforceable.
(g) Notwithstanding any other law, a choice of law provision in a vendor contract under this section is:
(1) against public policy; and
(2) void and unenforceable.
A vendor contract is only subject to the laws of the state of Indiana.
(h) Notwithstanding any other law, an automatic renewal provision in a vendor contract under this section is:
(1) against public policy; and
(2) void and unenforceable.
As added by P.L.149-2026, SEC.1.
Ind. Code § 20-26-5-4.3 Superintendent contract; public meeting; Internet posting
Sec. 4.3. (a) Before a contract for employment is entered into by a governing body and a school superintendent, the governing body shall hold a public meeting on the proposed contract at which public comment is heard. The public meeting may be a regular or special meeting of the governing body. The governing body is not required to disclose the identity of the candidate for superintendent at the public meeting.
(b) Notice of the meeting on the proposed contract shall be given in accordance with IC 5-3-1 and posted on the school corporation's website.
(c) The notice provided in subsection (b) must:
(1) state that on a given day, time, and place the governing body will meet to discuss and hear objections to and support for the proposed contract; and
(2) set forth the details of the proposed contract, including the actual monetary value of the contract, benefits, and any additional forms of compensation for each year of the contract.
(d) A governing body shall post the provisions of an employment contract that the governing body enters into with a superintendent of the school corporation on the school corporation's website.
As added by P.L.148-2012, SEC.2. Amended by P.L.115-2024, SEC.3; P.L.23-2026, SEC.176.
Ind. Code § 20-26-5-4.5 Superintendent and principal; personnel responsibilities
Sec. 4.5. (a) The superintendent is responsible for selecting and discharging principals, central office administrators, business managers, superintendents of building and grounds, janitors, physicians, dentists, nurses, 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), and any other employees necessary to the operation of the school corporation, subject to the approval of the governing body.
(b) Subject to IC 20-28-7.5, the superintendent and principal are responsible for selecting and discharging teachers, teachers aides, assistant principals, building administrative staff, librarians, and any other employees necessary to the operation of the school, subject to the approval of the governing body.
As added by P.L.90-2011, SEC.12.
Ind. Code § 20-26-5-4.7 Internet posting of contract provisions for certain employees
Sec. 4.7. (a) This section does not apply to a:
(1) superintendent of a school corporation; or
(2) certificated employee (as defined in IC 20-29-2-4) that is represented by an exclusive representative (as defined in IC 20-29-2-9) under IC 20-29.
(b) The superintendent shall post the provisions of an employment contract that the school corporation enters into with a certificated employee on the school corporation's website.
As added by P.L.148-2012, SEC.3. Amended by P.L.23-2026, SEC.177.
Ind. Code § 20-26-5-5 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-2.1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.99.
Ind. Code § 20-26-5-6 Applicability of laws governing state agencies
Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.
Sec. 6. All powers delegated to the governing body of a school corporation under section 1 or 4 of this chapter are subject to all laws subjecting the school corporation to regulation by a state agency, including the secretary of education, state board of accounts, state police department, fire prevention and building safety commission, department of local government finance, environmental rules board, state school bus committee, Indiana department of health, and any local governmental agency to which the state has been delegated a specific authority in matters other than educational matters and other than finance, including plan commissions, zoning boards, and boards concerned with health and safety.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.113-2014, SEC.111; P.L.43-2021, SEC.70; P.L.56-2023, SEC.177.
Ind. Code § 20-26-5-6 Applicability of laws governing state agencies
Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.
Sec. 6. All powers delegated to the governing body of a school corporation under section 1 or 4 of this chapter are subject to all laws subjecting the school corporation to regulation by a state agency, including the secretary of education, state board of accounts, state police department, department of homeland security, department of local government finance, environmental rules board, state school bus committee, Indiana department of health, and any local governmental agency to which the state has been delegated a specific authority in matters other than educational matters and other than finance, including plan commissions, zoning boards, and boards concerned with health and safety.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.113-2014, SEC.111; P.L.43-2021, SEC.70; P.L.56-2023, SEC.177; P.L.152-2026, SEC.242.
Ind. Code § 20-26-5-7 Representation of governing body on public boards or commissions
Sec. 7. Notwithstanding any other statute, the governing body of a school corporation may, by resolution, appoint:
(1) the school corporation's superintendent of schools; or
(2) a person residing within the school corporation's boundaries;
to serve on a public board, commission, or public body, including park boards, library boards, tax adjustment boards, or city or county plan commissions, if legislation requires or allows representation on the public board, commission, or body by a member of the governing body, the school corporation's superintendent, or a designated educator.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-4.]
As added by P.L.1-2005, SEC.10.
Ind. Code § 20-26-5-8 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-5.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.214-2025, SEC.80.
Ind. Code § 20-26-5-9 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-6.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.214-2025, SEC.81.
Ind. Code § 20-26-5-10 Adoption of criminal history background and child protection index check policy; implementation of policy
Sec. 10. (a) This section applies to a:
(1) school corporation;
(2) charter school; or
(3) nonpublic school that employs one (1) or more employees.
(b) A school corporation, a charter school, and a nonpublic school shall adopt a policy concerning criminal history information for individuals who:
(1) apply for:
(A) employment with the school corporation, charter school, or nonpublic school; or
(B) employment with an entity with which the school corporation, charter school, or nonpublic school contracts for services;
(2) seek to enter into a contract to provide services to the school corporation, charter school, or nonpublic school; or
(3) are employed by an entity that seeks to enter into a contract to provide services to the school corporation, charter school, or nonpublic school;
if the individuals are likely to have direct, ongoing contact with children within the scope of the individuals' employment.
(c) Except as provided in subsections (f) and (g), a school corporation, a charter school, and a nonpublic school shall administer a policy adopted under this section uniformly for all individuals to whom the policy applies.
(d) A policy adopted under this section must require that the school corporation, charter school, or nonpublic school conduct an expanded criminal history check concerning each applicant for employment who is likely to have direct, ongoing contact with children within the scope of the individual's employment before or not later than thirty (30) days after the start date of the applicant's employment by the school corporation, charter school, or nonpublic school. If a vendor providing an expanded criminal history check offers more than one (1) type of expanded criminal history check, the policy shall require that the school corporation, charter school, or nonpublic school evaluate all available types of criminal history checks and determine whether a more comprehensive expanded criminal history check would better protect the students.
(e) A policy adopted under this section:
(1) must require that the school corporation, charter school, or nonpublic school conduct an Indiana expanded child protection index check; and
(2) may require that the school corporation, charter school, or nonpublic school conduct an expanded child protection index check in other states;
concerning each applicant for employment who is likely to have direct, ongoing contact with children within the scope of the individual's employment. An Indiana expanded child protection index check must be completed before or not later than sixty (60) days after the start date of the applicant's employment by the school corporation, charter school, or nonpublic school.
(f) A policy adopted under this section must state that the school corporation, charter school, or nonpublic school requires an expanded criminal history check concerning an employee of the school corporation, charter school, or nonpublic school who is likely to have direct, ongoing contact with children within the scope of the employee's employment. The checks must be conducted every five (5) years. A school corporation, charter school, or nonpublic school may adopt a policy to require an employee to obtain an expanded child protection index check every five (5) years.
(g) In implementing subsection (f), and subject to subsection (j), a school corporation, charter school, or nonpublic school may update the checks required under subsection (f) for employees who are employed by the school corporation, charter school, or nonpublic school as of July 1, 2017, over a period not to exceed five (5) years by annually conducting updated expanded criminal history checks and expanded child protection index checks for at least one-fifth (1/5) of the number of employees who are employed by the school corporation, charter school, or nonpublic school on July 1, 2017.
(h) An applicant or employee may be required to provide a written consent for the school corporation, charter school, or nonpublic school to request an expanded criminal history check and an expanded child protection index check concerning the individual before the individual's employment by the school corporation, charter school, or nonpublic school. The school corporation, charter school, or nonpublic school may require the individual to provide a set of fingerprints and pay any fees required for the expanded criminal history check and expanded child protection index check. Each applicant for employment or employee described in subsection (f) may be required:
(1) at the time the individual applies or updates an expanded criminal history check under subsection (f); or
(2) while an expanded criminal history check or expanded child protection index check is being conducted;
to answer questions concerning the individual's expanded criminal history check and expanded child protection index check. The failure to answer honestly questions asked under this subsection is grounds for termination of the employee's employment.
(i) An applicant is responsible for all costs associated with obtaining the expanded criminal history check and expanded child protection index check unless the school corporation, charter school, or nonpublic school agrees to pay the costs. A school corporation, charter school, or nonpublic school may agree to pay the costs associated with obtaining an expanded criminal history background check for an employee. An employee of a school corporation, charter school, or nonpublic school may not be required to pay the costs of an expanded child protection index check.
(j) An applicant or employee may not be required by a school corporation, charter school, or nonpublic school to obtain an expanded criminal history check more than one (1) time during a five (5) year period. However, a school corporation, charter school, or nonpublic school may obtain an expanded criminal history check or an expanded child protection index check at any time if the school corporation, charter school, or nonpublic school has reason to believe that the applicant or employee:
(1) is the subject of a substantiated report of child abuse or neglect; or
(2) has been charged with or convicted of a crime listed in section 11.2(b) of this chapter or IC 20-28-5-8(b).
(k) As used in this subsection, "offense requiring license revocation" means an offense listed in IC 20-28-5-8(b). A policy adopted under this section must prohibit a school corporation, charter school, or nonpublic school from:
(1) hiring;
(2) continuing the employment of;
(3) contracting with; or
(4) continuing to contract with;
a person who has been convicted of an offense requiring license revocation, unless the conviction has been reversed, vacated, or set aside on appeal.
(l) Information obtained under this section must be used in accordance with law.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-7.]
As added by P.L.1-2005, SEC.10. Amended by P.L.121-2009, SEC.8; P.L.106-2016, SEC.4; P.L.185-2017, SEC.2; P.L.167-2018, SEC.2; P.L.125-2022, SEC.4; P.L.110-2023, SEC.2; P.L.9-2024, SEC.389; P.L.74-2026, SEC.50.
Ind. Code § 20-26-5-10.5 Repealed
As added by P.L.185-2017, SEC.3. Repealed by P.L.214-2025, SEC.82.
Ind. Code § 20-26-5-11 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-2-8.]
As added by P.L.1-2005, SEC.10. Amended by P.L.158-2013, SEC.249; P.L.233-2015, SEC.100; P.L.65-2016, SEC.10; P.L.106-2016, SEC.5; P.L.85-2017, SEC.78; P.L.142-2020, SEC.21; P.L.125-2022, SEC.5. Repealed by P.L.110-2023, SEC.3.
Ind. Code § 20-26-5-11.2 Prohibited employment of or contracting with certain individuals; approval of employment or contract as a separate special agenda item; notification
Sec. 11.2. (a) This section applies to:
(1) a school corporation;
(2) a charter school;
(3) a state accredited nonpublic school; and
(4) an entity with which the school corporation, charter school, or state accredited nonpublic school contracts for services;
concerning employees of the school corporation, charter school, state accredited nonpublic school, or entity who are likely to have direct, ongoing contact with children within the scope of the employees' employment.
(b) Subject to section 10(k) of this chapter and subsection (f), a school corporation, charter school, state accredited nonpublic school, or entity may not employ or contract with, and shall terminate the employment of or contract with, an individual convicted of any of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Aggravated battery (IC 35-42-2-1.5).
(6) Kidnapping (IC 35-42-3-2).
(7) A sex offense (as defined in IC 11-8-8-5.2).
(8) Carjacking (IC 35-42-5-2) (repealed).
(9) Arson (IC 35-43-1-1).
(10) Public indecency (IC 35-45-4-1(a)(3), IC 35-45-4-1(a)(4), and IC 35-45-4-1(b)) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense by, in a public place, engaging in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5).
(11) Neglect of a dependent as a Class B felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 3 felony (for a crime committed after June 30, 2014) (IC 35-46-1-4(b)(2) and IC 35-46-1-4(b)(3)).
(12) Child selling (IC 35-46-1-4(d)).
(13) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.
If an entity described in subsection (a)(4) obtains information that an individual employed by the entity who works at a particular school corporation, charter school, or state accredited nonpublic school has been convicted of an offense described in this subsection, the entity shall immediately notify the school corporation, charter school, or state accredited nonpublic school of the employee's conviction.
(c) After June 30, 2023, a school corporation, charter school, state accredited nonpublic school, or entity may employ or contract with an individual convicted of any of the following offenses if a majority of the members elected or appointed to the governing body of the school corporation, or the equivalent body for a charter school, approves the employment or contract as a separate, special agenda item, or if the school administrator of a state accredited nonpublic school informs the administrator's appointing authority of the hiring:
(1) An offense relating to operating a motor vehicle while intoxicated under IC 9-30-5.
(2) Reckless homicide (IC 35-42-1-5).
(3) Battery (IC 35-42-2-1).
(4) Domestic battery (IC 35-42-2-1.3).
(5) Criminal confinement (IC 35-42-3-3).
(6) Public indecency (IC 35-45-4-1(a)(1) or IC 35-45-4-1(a)(2)) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense by, in a public place, engaging in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5).
(7) Contributing to the delinquency of a minor (IC 35-46-1-8).
(8) An offense involving a weapon under IC 35-47 or IC 35-47.5.
(9) An offense relating to controlled substances under IC 35-48-4, other than an offense involving marijuana or paraphernalia used to consume marijuana.
(d) An individual employed by a school corporation, charter school, state accredited nonpublic school, or entity described in subsection (a) shall notify the governing body of the school, if during the course of the individual's employment, the individual:
(1) is convicted in Indiana or another jurisdiction of an offense described in subsection (b) or (c); or
(2) is the subject of a substantiated report of child abuse or neglect.
(e) A school corporation, charter school, state accredited nonpublic school, or entity may use information obtained under section 10 of this chapter concerning an individual being the subject of a substantiated report of child abuse or neglect as grounds to not employ or contract with the individual.
(f) A school corporation, charter school, state accredited nonpublic school, or entity is not required to consider whether information concerning an individual's conviction:
(1) requires the school or entity to:
(A) not employ; or
(B) not contract with; or
(2) constitutes grounds to terminate the employment of or contract with;
an individual under subsection (b) if the individual's conviction is reversed, vacated, or set aside.
(g) Nothing in this section prohibits a school corporation, charter school, state accredited nonpublic school, or entity from establishing procedures to verify the accuracy of the information obtained under section 10 of this chapter concerning an individual's conviction.
(h) A school corporation, charter school, or state accredited nonpublic school may not hire or contract with an individual:
(1) who is required to wear an ankle monitor as the result of a criminal conviction;
(2) who entered into an agreement to settle an allegation of misconduct relating to the health, safety, or well-being of a student at a school corporation, charter school, or state accredited nonpublic school, if the agreement included a nondisclosure agreement covering the alleged misconduct; or
(3) who, in an academic environment, engaged in a course of conduct involving repeated or continuing contact with a child that is intended to prepare or condition the child for sexual activity (as defined in IC 35-42-4-13);
unless a majority of the members elected or appointed to the governing body of the school corporation, or the equivalent body for a charter school, approves the hire or contract as a separate, special agenda item, or unless the school administrator of a state accredited nonpublic school informs the administrator's appointing authority of the hiring.
(i) For purposes of subsection (h), "misconduct relating to the health, safety, or well-being of a student" includes:
(1) engaging in a pattern of flirtatious or otherwise inappropriate comments;
(2) making any effort to gain unreasonable access to, and time alone with, any student with no discernible educational purpose;
(3) engaging in any behavior that can reasonably be construed as involving an inappropriate and overly personal and intimate relationship with, conduct toward, or focus on a student;
(4) telling explicit sexual jokes and stories;
(5) making sexually related comments;
(6) engaging in sexual kidding or teasing;
(7) engaging in sexual innuendos or making comments with double entendre;
(8) inappropriate physical touching;
(9) using spoken, written, or any electronic communication to importune, invite, participate with, or entice a person to expose or touch the person's own or another person's intimate body parts or to observe the student's intimate body parts via any form of computer network or system, any social media platform, telephone network, or data network or by text message or instant messaging;
(10) sexual advances or requests for sexual favors;
(11) physical or romantic relationship including but not limited to sexual intercourse or oral sexual intercourse;
(12) discussion of one's personal romantic or sexual feelings or activities;
(13) discussion, outside of a professional teaching or counseling context endorsed or required by an employing school district, of a student's romantic or sexual feelings or activities;
(14) displaying, sharing, or transmitting pornographic or sexually explicit materials;
(15) any physical contact that the student previously has indicated is unwelcome, unless such contact is professionally required, such as to teach a sport or other skill, or to protect the safety of the student or others;
(16) other than for purposes of addressing student dress code violations or concerns, referencing the physical appearance or clothes of a student in a way that could be interpreted as sexual; and
(17) self-disclosure or physical exposure of a sexual, romantic, or erotic nature.
As added by P.L.110-2023, SEC.4. Amended by P.L.1-2025, SEC.187.
Ind. Code § 20-26-5-11.5 Disclosure of substantiated reports of abuse or neglect; employment reference requests and disclosure of certain incidents known by a school
Sec. 11.5. (a) As used in this section, "school" includes:
(1) a charter school, as defined in IC 20-24-1-4;
(2) a nonpublic school, as defined in IC 20-18-2-12, that employs one (1) or more employees;
(3) a public school, as defined in IC 20-18-2-15(1); and
(4) an entity in another state that carries out a function similar to an entity described in subdivisions (1) through (3).
(b) Notwithstanding any confidentiality agreement entered into by a school and an employee of the school, a school that receives a request for an employment reference, from another school, for a current or former employee, shall disclose to the requesting school any incident known by the school in which the employee committed an act resulting in a substantiated report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33 if the employee is likely to have direct, ongoing contact with children within the scope of the employee's new employment.
(c) A school may not disclose information under this section that:
(1) identifies a student; or
(2) is confidential student information under the federal Family Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).
(d) A confidentiality agreement entered into or amended after June 30, 2016, by a school and an employee is not enforceable against the school if the employee committed an act resulting in a substantiated report of abuse or neglect under IC 31-6 (before its repeal) or IC 31-33.
(e) Notwithstanding any confidentiality agreement entered into by a school and an employee of the school, a school that receives a request for an employment reference, from another school, for a current or former employee, shall disclose to the requesting school any incident known by the school in which the employee was:
(1) arrested;
(2) charged with a criminal offense;
(3) convicted of a criminal offense;
(4) under court supervision or the supervision of a community correction program as the result of a conviction for a criminal offense (including being placed on home detention, work release, or intermittent incarceration);
(5) the subject of a protection order; or
(6) named as a defendant in a civil action if the civil action could affect the safety of students;
if the employee is likely to have direct, ongoing contact with children within the scope of the employee's new employment. This provision of this subsection concerning a confidentiality agreement applies to a confidentiality agreement entered into or amended after June 30, 2023.
As added by P.L.106-2016, SEC.6. Amended by P.L.110-2023, SEC.5.
Ind. Code § 20-26-5-12 Construction of certain provisions
Sec. 12. Except for IC 20-26-4-1 and IC 20-26-4-5, the powers given each school corporation in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and the limitations on those powers set out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-7.1, IC 20-40-12, and IC 20-48-1 may not be construed to limit the authority of the governing body given by any other statute or rule.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-1.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.118; P.L.270-2019, SEC.10; P.L.135-2025, SEC.6.
Ind. Code § 20-26-5-13 Supplemental effect of certain provisions
Sec. 13. Except as provided in section 12 of this chapter, IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are supplemental to all other statutes and rules. The powers given to any school corporation under IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 are in addition to those given by any other statute or rule and are not subject to any limitations set out in those statutes or to comply with those statutes, except to the extent provided 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 reference to a designated statute or the statute or rule relating to a given subject.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.119.
Ind. Code § 20-26-5-14 Liberal construction
Sec. 14. IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 shall be liberally construed to permit the governing body of a school corporation to conduct its affairs in a manner consistent with sound business practice to the ends that the authority of the governing body is clarified and that it is permitted to operate with the maximum efficiency consistent with accountability.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.120.
Ind. Code § 20-26-5-15 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-4.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-16 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-5.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-17 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-6.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-18 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-6.5.]
As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015, SEC.101; P.L.118-2016, SEC.6; P.L.244-2017, SEC.43. Repealed by P.L.74-2026, SEC.51.
Ind. Code § 20-26-5-19 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-6.6.]
As added by P.L.1-2005, SEC.10. Amended by P.L.213-2015, SEC.166; P.L.233-2015, SEC.102; P.L.118-2016, SEC.7. Repealed by P.L.74-2026, SEC.52.
Ind. Code § 20-26-5-20 Use of school facilities; fees
Sec. 20. The governing body of any school corporation may:
(1) permit any of its facilities to be used by any person in situations and at times that do not interfere with use of the facility for school purposes, including:
(A) use of a swimming pool or other athletic facility; or
(B) use of classrooms or other space in a school for purposes of school age child care; and
(2) incur any necessary expense in the use or operation of the facility.
The governing body may set up and charge a schedule of fees for admission to or use of any facility outside the school corporation's regular school program. Fees shall be deposited in the operations fund or the extracurricular account of the school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-7.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.121; P.L.244-2017, SEC.44; P.L.23-2026, SEC.178.
Ind. Code § 20-26-5-21 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-9.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-22 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-6-10.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-22.5 Public school foundations
Sec. 22.5. (a) A school corporation may participate in the establishment of a public school foundation.
(b) The governing body of a school corporation may receive the proceeds of a grant, a restricted gift, an unrestricted gift, a donation, an endowment, a bequest, a trust, an agreement to share tax revenue received by a city or county under IC 4-33-12-6 or IC 4-33-13, or other funds not generated from taxes levied by the school corporation to create a foundation under the following conditions:
(1) The foundation is:
(A) exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(B) organized as an Indiana nonprofit corporation for the purposes of providing educational funds for scholarships, teacher education, capital programs, and special programs for school corporations.
(2) Except as provided in subdivision (3), the foundation retains all rights to a donation, including investment powers. The foundation may hold a donation as a permanent endowment.
(3) The foundation agrees to do the following:
(A) Distribute the income from a donation only to the school corporation.
(B) Return a donation to the operations fund of the school corporation if the foundation:
(i) loses the foundation's status as a foundation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(ii) is liquidated; or
(iii) violates any condition set forth in this subdivision.
(c) A school corporation may use the proceeds received under this section from a foundation only for educational purposes of the school corporation described in subsection (b)(1)(B).
(d) The governing body of the school corporation may appoint members to the foundation.
(e) The treasurer of the governing body of the school corporation may serve as the treasurer of the foundation.
As added by P.L.214-2005, SEC.64. Amended by P.L.244-2017, SEC.45.
Ind. Code § 20-26-5-23 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-10-1.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.210. Repealed by P.L.74-2026, SEC.53.
Ind. Code § 20-26-5-24 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-10-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.211; P.L.37-2015, SEC.1; P.L.233-2015, SEC.103; P.L.118-2016, SEC.8; P.L.214-2025, SEC.83. Repealed by P.L.74-2026, SEC.54.
Ind. Code § 20-26-5-25 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-15-1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-26 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-15-2.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-27 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-15-3.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
Ind. Code § 20-26-5-28 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-16-1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.214-2025, SEC.84.
Ind. Code § 20-26-5-29 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-16-2.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.74-2026, SEC.55.
Ind. Code § 20-26-5-30 Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-16-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.122; P.L.1-2009, SEC.122. Repealed by P.L.74-2026, SEC.56.
Ind. Code § 20-26-5-31 School corporation police; autism and Asperger's syndrome training
Sec. 31. (a) If a school corporation, including a school city (as defined in IC 20-25-2-12), establishes a school corporation police department, the governing body of the school corporation shall adopt a policy that requires every individual appointed as a school corporation police officer to complete training and education, approved by the state board, that will enable the school corporation police officer to appropriately deal with individuals with autism and Asperger's syndrome.
(b) This subsection applies to a regular or special police officer who is assigned as a security police officer for a school corporation under IC 36-8-3-7. The governing body of the school corporation to which the police officer is assigned shall ensure that the police officer receives training and education, approved by the state board, that will enable the police officer to appropriately deal with individuals with autism and Asperger's syndrome.
As added by P.L.122-2007, SEC.1.
Ind. Code § 20-26-5-32 Repealed
As added by P.L.66-2009, SEC.1. Amended by P.L.151-2018, SEC.1; P.L.214-2025, SEC.85. Repealed by P.L.74-2026, SEC.57.
Ind. Code § 20-26-5-32.2 Employee wage payment arrangements
Sec. 32.2. (a) Notwithstanding IC 22-2-5-1, a school corporation, educational service center, or charter school and:
(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees with respect to those employees; or
(3) a labor organization representing its noncertificated employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school corporation, educational service center, or charter school remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned and unpaid. If the employment relationship ends at the conclusion of a school year, the school corporation, educational service center, or charter school may pay the employee the remaining wages owed as provided in the written wage payment arrangement.
(g) Employment with a school corporation, educational service center, or charter school may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.
(i) A wage payment arrangement under this chapter may not contain any terms beyond those permitted to be bargained under IC 20-29-6-4.
As added by P.L.41-2009, SEC.6. Amended by P.L.48-2011, SEC.2; P.L.91-2011, SEC.26; P.L.6-2012, SEC.132; P.L.270-2019, SEC.11.
Ind. Code § 20-26-5-32.4 Repealed
As added by P.L.93-2009, SEC.2. Repealed by P.L.74-2026, SEC.58.
Ind. Code § 20-26-5-33 Repealed
As added by P.L.180-2011, SEC.1. Repealed by P.L.74-2026, SEC.59.
Ind. Code § 20-26-5-34 Repealed
As added by P.L.23-2013, SEC.1. Repealed by P.L.233-2015, SEC.104.
Ind. Code § 20-26-5-34.2 Repealed
As added by P.L.285-2013, SEC.3. Amended by P.L.92-2020, SEC.26; P.L.250-2023, SEC.18. Repealed by P.L.214-2025, SEC.86.
Ind. Code § 20-26-5-34.4 Child suicide awareness and prevention policy
Sec. 34.4. Each school corporation shall adopt a policy addressing measures intended to increase child suicide awareness and prevention. The policy must address the following:
(1) Counseling services for the child and the child's family related to suicide prevention.
(2) Availability of referral information for crisis intervention to children, parents, and school corporation staff.
(3) Increasing awareness of the relationship between suicide and drug and alcohol use.
(4) Training on warning signs and tendencies that may evidence that a child is considering suicide.
(5) Availability of information concerning suicide prevention services in the community.
(6) Cooperation among the school corporation and suicide prevention services in the community.
(7) Development of a plan to assist survivors of attempted suicide and to assist children and school corporation staff in coping with an attempted suicide or death of a student or school employee.
(8) Development of any other program or activity that is appropriate.
As added by P.L.254-2017, SEC.5.
Ind. Code § 20-26-5-35 Repealed
As added by P.L.286-2013, SEC.58. Repealed by P.L.233-2015, SEC.105.
Ind. Code § 20-26-5-35.5 Prohibition on policy that delays an individual's duty to report child abuse or neglect
Sec. 35.5. (a) This section applies to a:
(1) school corporation;
(2) charter school; or
(3) nonpublic school that employs one (1) or more employees.
(b) A school corporation, including a charter school and a nonpublic school, may not establish any policy that restricts or delays the duty of an employee or individual to report suspected child abuse or neglect as required under IC 31-33-5.
As added by P.L.115-2017, SEC.4.
Ind. Code § 20-26-5-36 Procedures to adopt a remediation program; public hearing; requirement to file an adopted plan with the department
Sec. 36. (a) A remediation program for any subset of students enrolled in kindergarten through grade 12 must be in writing and adopted at a public hearing of the governing body of the school corporation before the governing body may spend money for the remediation program.
(b) After the governing body of a school corporation adopts a remediation program under subsection (a), the school corporation shall promptly file the adopted plan with the department. The department shall review a plan for a remediation program adopted by the governing body of a school corporation and may comment on the plan.
As added by P.L.213-2015, SEC.167. Amended by P.L.74-2026, SEC.60.
Ind. Code § 20-26-5-37 Types of diplomas offered; students with disabilities not required to complete local credit requirements to receive diplomas
Sec. 37. (a) A high school operated by a school corporation shall offer the high school's students the opportunity to earn an Indiana diploma with any type of designation established under IC 20-19-2-21.
(b) Notwithstanding IC 20-32-4-1.5, IC 20-32-4-4.1(b)(3), and IC 20-32-4-5(b)(2)(D), a school corporation shall not require a student with a disability to complete locally required credits that exceed state credit requirements to receive a diploma unless otherwise required as part of the student's individualized education program under IC 20-35.
As added by P.L.162-2016, SEC.1. Amended by P.L.242-2017, SEC.14; P.L.192-2018, SEC.10; P.L.10-2019, SEC.82; P.L.150-2024, SEC.16.
Ind. Code § 20-26-5-37.2 School corporation delinquencies on FICA taxes
Sec. 37.2. (a) This section applies to school corporations and charter schools that are required to do any of the following:
(1) Pay to the Internal Revenue Service employer and employee taxes imposed after June 30, 2016, under FICA.
(2) Pay to the department of state revenue amounts that are deducted and withheld as taxes after June 30, 2016, under IC 6-3-4-8.
(b) As used in this section, "delinquency" or "delinquent" refers to either of the following:
(1) Failing to pay FICA taxes within thirty (30) days after the taxes are due.
(2) Failing to pay to the department of state revenue amounts that are deducted and withheld as taxes under IC 6-3-4-8 after June 30, 2016, (including any known accrued interest and penalties on those taxes) within thirty (30) days after the payment of those withheld taxes is due.
(c) As used in this section, "due date" refers to:
(1) the date by which employer and employee taxes owed by a school corporation or a charter school under FICA must be paid to the Internal Revenue Service; or
(2) the date by which amounts that are deducted and withheld as taxes under IC 6-3-4-8 must be paid to the department of state revenue;
as applicable.
(d) As used in this section, "FICA" refers to the Federal Insurance Contributions Act.
(e) As used in this section, "FICA taxes" refers to employer and employee taxes imposed after June 30, 2016, under FICA. The term includes any known accrued interest and penalties.
(f) If a school corporation or a charter school:
(1) fails to pay FICA taxes in full to the Internal Revenue Service within thirty (30) days after the due date; or
(2) fails to pay amounts that are deducted and withheld as taxes under IC 6-3-4-8 after June 30, 2016, (including any known accrued interest and penalties on those taxes) within thirty (30) days after the due date;
the school business official or school financial officer responsible for ensuring that a school corporation's or charter school's tax payments are made shall report the school corporation's or charter school's delinquency to the governing body of the school corporation or charter school not later than forty-five (45) days after the due date. The school official or school financial officer shall make a report under this subsection each time the school corporation or charter school fails to pay FICA taxes within thirty (30) days after the due date or fails to pay amounts that are deducted and withheld as taxes under IC 6-3-4-8 (including any known accrued interest and penalties on those taxes) within thirty (30) days after the due date.
(g) Not later than thirty (30) days after receiving a report under subsection (f), the governing body of the school corporation or charter school shall hold a public meeting at which:
(1) the governing body shall provide a report on the school corporation's or charter school's failure to pay:
(A) FICA taxes; or
(B) amounts that are deducted and withheld as taxes under IC 6-3-4-8;
as applicable; and
(2) interested parties are permitted to testify regarding the school corporation's or charter school's failure to pay FICA taxes or amounts that are deducted and withheld as taxes under IC 6-3-4-8 (as applicable).
(h) This subsection applies if, within a three hundred sixty-five (365) day period, a school corporation or charter school is:
(1) delinquent in paying FICA taxes two (2) or more times; or
(2) delinquent in paying amounts that are deducted and withheld as taxes under IC 6-3-4-8 after June 30, 2016, two (2) or more times.
Not later than forty-five (45) days after a school corporation or charter school is delinquent for the second or subsequent time, the school corporation or charter school shall notify the department, the budget agency, and the distressed unit appeal board of the delinquency.
As added by P.L.127-2016, SEC.16.
Ind. Code § 20-26-5-37.3 Expired
As added by P.L.141-2016, SEC.4. Expired 7-1-2020 by P.L.141-2016, SEC.4.
Ind. Code § 20-26-5-38 School materials for children detained in juvenile detention facilities
Sec. 38. (a) As used in this section, "juvenile detention facility" refers to the following:
(1) A juvenile detention facility under IC 31-31-8.
(2) A juvenile detention center under IC 31-31-9.
(3) A shelter care facility that is licensed to care for more than ten (10) children.
(b) As used in this section, "school materials" includes curricular materials and syllabi for a particular grade level or course. The term does not include hardware that will be consumed, accessed, or used by a single student during a semester or school year.
(c) If a child is or will be detained in a juvenile detention facility for more than seven (7) calendar days, the school corporation shall, upon request by the juvenile detention facility or the child's parent, provide to the juvenile detention facility the school materials for the grade level or courses in which the child is enrolled or would be enrolled if the child were not detained. The school corporation may provide the school materials in an electronic format.
(d) The school corporation shall, upon request by the juvenile detention facility or the child's parent, deliver to the juvenile detention facility the school materials described in subsection (c) at least once every seven (7) calendar days, excluding any days that are not student instructional days.
(e) The school corporation is responsible for any costs associated with preparing and delivering school materials under this section.
(f) The school corporation is not required to provide school materials that have been requested by a juvenile detention facility or the child's parent under this section if the:
(1) child is released from the juvenile detention facility; or
(2) juvenile detention facility or the child's parent requests that the school corporation no longer provide the school materials.
As added by P.L.94-2019, SEC.1. Amended by P.L.201-2023, SEC.161.
Ind. Code § 20-26-5-39 FAFSA notification requirements
Sec. 39. (a) Beginning in the 2022-2023 school year, each school corporation and charter high school shall provide:
(1) each student; and
(2) a parent of each student;
of a school corporation or a charter high school who is in grade 12 with a notice regarding the information described in IC 21-18-6-6(b).
(b) Each school corporation and charter high school shall use the model notice prepared by the commission for higher education under IC 21-18-6-6.
(c) A nonpublic high school may provide:
(1) a student; or
(2) the parent of a student;
of a nonpublic school who is in grade 12 with a notice regarding the information described in IC 21-18-6-6(b).
As added by P.L.287-2019, SEC.6. Amended by P.L.51-2022, SEC.1.
Ind. Code § 20-26-5-40 Required information on student identification card
Sec. 40. (a) This section applies to a student identification card issued to a student after June 30, 2022:
(1) by a public school, including a charter school; and
(2) to each student of a school described in subdivision (1) who is in grade 6, 7, 8, 9, 10, 11, or 12.
(b) If a school issues a student identification card to a student, the school shall include on the student identification card the following:
(1) Except as provided under subsection (c), the 9-8-8 crisis hotline.
(2) A local, state, or national human trafficking hotline telephone number that provides support twenty-four (24) hours a day, seven (7) days a week.
(3) A local, state, or national sexual assault hotline telephone number that provides support twenty-four (24) hours a day, seven (7) days a week.
(4) A local, state, or national teen dating violence hotline telephone number that provides support twenty-four (24) hours a day, seven (7) days a week.
(5) If a hotline specified in subdivisions (1) through (4) is capable of receiving a text message, the information to text the hotline.
(c) If the 9-8-8 crisis hotline is not in operation at the time a school issues a student identification card, the school shall include a local, state, or national suicide prevention hotline telephone number on the student identification card. However, if the 9-8-8 crisis hotline becomes operational at a later date, the school shall include the 9-8-8 crisis hotline on all student identification cards issued by the school after the 9-8-8 crisis hotline is in operation.
(d) A school may include the information described in subsections (b) and (c) on a student identification card by:
(1) printing the information on the student identification card; or
(2) affixing on the student identification card a sticker with the information printed on the sticker.
As added by P.L.207-2021, SEC.21. Amended by P.L.9-2024, SEC.390.
Ind. Code § 20-26-5-40.2 High school closing; preservation or transfer of memorabilia, trophies, or other property
Sec. 40.2. (a) If a governing body passes a resolution to close a high school within the school corporation, the governing body shall develop a plan relating to the preservation or transfer of memorabilia, trophies, or other property that may have historical significance, as determined by the governing body.
(b) The plan described in subsection (a) must be made available for public inspection and posted on the school corporation's website.
As added by P.L.216-2021, SEC.14. Amended by P.L.23-2026, SEC.179.
Ind. Code § 20-26-5-40.5 Internet use policy; blocked content; content filter
Sec. 40.5. (a) Each school corporation and charter school shall adopt and implement an Internet use policy that:
(1) prohibits the sending, receiving, viewing, or downloading of materials that are harmful to minors (as described in IC 35-49-2-2) on computers and other technology related devices owned by the school corporation or charter school;
(2) provides for the use of hardware or installation of software on computers and other technology related devices described in subdivision (1) to filter or block Internet access to materials that are harmful to minors; and
(3) establishes appropriate disciplinary measures to be taken against persons violating the policy established under this section.
(b) Each school corporation and charter school shall use hardware or install software on computers and other technology related devices described in subsection (a)(1) to filter or block Internet access to materials that are harmful to minors.
(c) Except as provided in subsection (e), not later than January 1, 2027, each school corporation and charter school shall adopt and implement a policy that enables the parent of a student to:
(1) increase the strength of the filter described in subsection (b);
(2) block access to websites or content accessible on a device described in subsection (a)(1); and
(3) limit the amount of time a device described in subsection (a)(1) may be used by the student;
while the student is not in school or engaged in virtual instruction or remote learning. A school to which this subsection applies must inform each parent of a student enrolled in the school of the policy described in this subsection.
(d) Each school corporation and charter school shall post on the school corporation's or charter school's website the Internet use policy established under subsection (a).
(e) A school to which this section applies that, as of June 30, 2026, has a contract with a vendor that:
(1) provides for the implementation of the requirements of subsection (b); and
(2) cannot provide for the implementation of the requirements of subsection (c);
is exempt from the requirements of subsection (c) until the expiration or renewal of the contract. This subsection expires July 1, 2030.
As added by P.L.164-2021, SEC.2. Amended by P.L.23-2026, SEC.180; P.L.74-2026, SEC.61.
Ind. Code § 20-26-5-40.6 Expired
As added by P.L.211-2021, SEC.15. Expired 1-1-2023 by P.L.211-2021, SEC.15.
Ind. Code § 20-26-5-40.7 Wireless communication device policy; civil immunity
Sec. 40.7. (a) As used in this section, "school day" means the entirety of the time a student is present on school property for a student instructional day (as defined in IC 20-30-2-2).
(b) As used in this section, "school sanctioned wireless communication device" means a wireless communication device that:
(1) is owned by a student or a third party vendor;
(2) is approved by the school for instructional use;
(3) is required or permitted by the school for participation in classroom instruction;
(4) is subject to school managed network controls, filtering, or monitoring that restrict access to noninstructional content during the school day; and
(5) is not a cellular telephone, gaming device, or smartwatch described in subsection (c)(5).
This subsection expires July 1, 2028.
(c) As used in this section, "wireless communication device" means any portable wireless device that has the capability to provide voice, messaging, or other data communication between two (2) or more parties, including a:
(1) cellular telephone;
(2) tablet computer;
(3) laptop computer;
(4) gaming device; or
(5) smartwatch that is connected to a cellular telephone, a cell tower, or the Internet.
The term does not include a device described in subsection (i).
(d) Except as provided in subsection (e), each school corporation and charter school shall adopt and implement a wireless communication device policy that does the following:
(1) Except as provided in subdivision (2), prohibits a student from using a:
(A) wireless communication device during the school day; and
(B) school supplied wireless communication device for a noneducational purpose during the school day;
(2) Requires teacher directed use of a wireless communication device for educational purposes during the school day to occur only on the following:
(A) Before July 1, 2028, on:
(i) a school supplied wireless communication device; or
(ii) if the school corporation or charter school does not provide a school supplied wireless communication device, a school sanctioned wireless communication device.
This clause expires July 1, 2028.
(B) After June 30, 2028, a school supplied wireless communication device.
(3) Mandates one (1) of the following policies:
(A) A no device policy under which students are not permitted to bring wireless communication devices to school.
(B) A storage policy under which wireless communication devices may be brought to school, but must be stored away, powered off, and inaccessible to a student throughout the school day.
(e) The policy adopted and implemented under subsection (d) may not prohibit a student from using a wireless communication device during the school day if the use of the wireless communication device is:
(1) included in the student's individualized education program;
(2) included in the student's plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794;
(3) necessary for the management of a documented medical condition pursuant to an order provided by a licensed health care provider;
(4) authorized by the superintendent or the superintendent's designee at the appropriate time during an emergency, as determined by the superintendent or designee; or
(5) necessary for language translation to ensure access for multi-lingual learners, prioritizing school-managed wireless communication devices or applications where available.
(f) Each school corporation and charter school shall publish on its website the wireless communication device policy established under subsection (d).
(g) The department shall publish model policy language and implementation guidance consistent with this section, which may include guidance for how existing lockers and resources can be used to comply with this section.
(h) A school corporation, a school maintained by a school corporation, a charter school, and personnel of a school corporation, a school maintained by a school corporation, or a charter school, are immune from civil liability for any actions taken in good faith to comply with this section. The civil immunity under this subsection does not apply to an act or omission that constitutes gross negligence or willful, wanton, or intentional misconduct.
(i) Notwithstanding subsections (a) through (g), a student may possess and use an unobtrusive audio recording device solely for the student's individual educational notetaking or personal learning assistance if the device:
(1) is designed principally to capture spoken word audio for the purpose described in this subsection, including through recording, transcription, summarization, or other personal assistant functionality;
(2) does not capture, store, or transmit images or video;
(3) is visible to the classroom teacher or other appropriate school personnel at all times while in use;
(4) is provided to the school for inspection upon request; and
(5) is used in a manner consistent with applicable state and federal law governing consent to audio recording.
(j) Except as provided in subsection (e), nothing in the exemption under subsection (i) shall be interpreted to limit a school's authority to adopt and enforce policies to control or restrict the possession or use of audio recording devices described in subsection (i), including policies that:
(1) restrict where and when such devices may be used while at school;
(2) prohibit the use of the devices during an assessment or other activity designated by the school;
(3) prohibit the real time transmission, broadcasting, or live streaming of audio recorded by the devices;
(4) require advance notification to either a classroom teacher or building administrator as may be applicable in the school's policy before use;
(5) require that recorded material be stored, retained, or deleted in a manner consistent with school policy; and
(6) require consent requirements consistent with applicable law for the recording of another student or school employee.
(k) A school corporation or charter school that adopts a policy under this section that permits the possession or use of an audio recording device under subsection (i) shall include in the policy a provision that a recording made under subsection (i) may not be used for a disciplinary, evaluative, or supervisory purpose against a:
(1) student; or
(2) school employee.
As added by P.L.24-2024, SEC.1. Amended by P.L.74-2026, SEC.62; P.L.107-2026, SEC.1; P.L.145-2026, SEC.302.
Ind. Code § 20-26-5-41 Public-private agreement for construction or renovation of school buildings
Sec. 41. The governing body of a school corporation or the equivalent for a charter school may enter into a public-private agreement for the construction or renovation of school buildings under IC 5-23.
As added by P.L.216-2021, SEC.15. Amended by P.L.181-2025, SEC.8; P.L.74-2026, SEC.63.
Ind. Code § 20-26-5-42 Repealed
As added by P.L.246-2023, SEC.33. Repealed by P.L.158-2026, SEC.20.
Ind. Code § 20-26-5-42.1 Repealed
As added by P.L.148-2022, SEC.2. Amended by P.L.201-2023, SEC.162. Repealed by P.L.74-2026, SEC.64.
Ind. Code § 20-26-5-42.2 FAFSA requirements; waivers
Sec. 42.2. (a) This section does not apply to a nonpublic school unless the nonpublic school is an eligible school (as defined in IC 20-51-1-4.7).
(b) As used in this section, "FAFSA" refers to the Free Application for Federal Student Aid.
(c) Beginning with the 2023-2024 school year, each student in the student's senior year shall complete and submit the FAFSA not later than April 15 of the school year.
(d) A student is not required to comply with subsection (c) if:
(1) a parent of the student or the student, if the student is an emancipated minor, submits a signed waiver certifying that the student understands what the FAFSA is and declines to complete it; or
(2) the principal or school counselor of the student's high school waives the requirement for a group of students due to the principal or school counselor being unable to reach the parents of the students by April 15 of the school year after at least two (2) reasonable attempts to contact the parents.
(e) This section expires June 30, 2033.
As added by P.L.29-2023, SEC.1.
Ind. Code § 20-26-5-42.3 Notification by superintendent to members of the governing body regarding criminal activity and conclusion of personnel matter investigation
Sec. 42.3. If the superintendent of a school corporation:
(1) becomes aware of possible criminal activity involving a current or former school employee or contractor that:
(A) may have occurred on school property or at a school approved activity or event not on school property; and
(B) may have involved a current or former student who was a student at the time of the possible criminal activity; or
(2) concludes an investigation of a personnel matter that results in or could result in a suspension or termination of a school employee;
the superintendent shall, within five (5) business days, inform all members of the governing body.
As added by P.L.246-2023, SEC.34.
Ind. Code § 20-26-5-42.5 Training or drill involving the use of a projectile or sensory component or activity; prohibition; consent
Sec. 42.5. (a) Notwithstanding any other law or provision, a public school, including a charter school, or a state accredited nonpublic school may not conduct a training or drill for an employee of the school that includes as any part of the training or drill sensory components or activities (as defined in IC 20-34-3-27) or the expelling of any type of projectile at the employee unless:
(1) the school informs the employee of the use of sensory components or activities (as defined in IC 20-34-3-27) or the use of projectiles in the training or drill; and
(2) the employee provides the school with written consent to participate in training or a drill involving the use of sensory components or activities (as defined in IC 20-34-3-27) or the use of projectiles.
(b) Notwithstanding any other law or provision, a public school, charter school, or state accredited nonpublic school may not conduct or approve of any training or a drill for a student of the school that includes as any part of the training or drill the expelling of any type of projectile at a student.
As added by P.L.218-2023, SEC.4. Amended by P.L.135-2024, SEC.3.
Ind. Code § 20-26-5-42.7 Approval of school safety specialists and plans
Sec. 42.7. (a) The governing body of a school corporation shall do the following:
(1) Approve or disapprove all school safety specialists chosen by the superintendent of the school corporation under IC 10-21-1-9. The governing body of a school corporation shall also approve or disapprove the individual school safety specialist chosen by the superintendent of the school corporation to serve on the county school safety commission under IC 10-21-1-12.
(2) Review a school safety plan described in IC 10-21-1-10 following the procedures outlined in IC 10-21-1-11.
(b) Not later than July 1, 2024, the organizer of a charter school shall do the following:
(1) Approve or disapprove all school safety specialists chosen by leadership of the charter school under IC 10-21-1-9.
(2) Review a school safety plan described in IC 10-21-1-10 following the procedures outlined in IC 10-21-1-11.
As added by P.L.150-2023, SEC.19.
Ind. Code § 20-26-5-43 Repealed
As added by P.L.160-2023, SEC.1 and P.L.188-2023, SEC.1. Repealed by P.L.74-2026, SEC.65.
Ind. Code § 20-26-5-43.5 Adoption or replacement of a data technology system
Sec. 43.5. (a) This section applies to a public school, including a charter school.
(b) If a public school adopts or replaces a data technology system, the public school shall adopt a system that:
(1) is based on modern information technology data standards; and
(2) allows for full integration and automated data sharing with state agencies.
(c) The state board, in consultation with the department, may adopt rules under IC 4-22-2 necessary to implement this section.
As added by P.L.245-2023, SEC.8.
Ind. Code § 20-26-5-44 Requirement to inform governing body regarding certain legal expenses
Sec. 44. The superintendent of a school corporation shall promptly and fully inform the governing body of any matter or related matters involving legal expenses reasonably expected to exceed an amount specified by the governing body.
As added by P.L.246-2023, SEC.35.
Ind. Code § 20-26-5-44.2 School website report; reading and writing curricula; remedial programs
Sec. 44.2. Not later than July 15, 2023, and not later than July 15 of each year thereafter, each school corporation and charter school shall report on the school corporation's or charter school's website the following:
(1) The name and publisher of the school corporation's or charter school's adopted reading and writing curricula, listed by grade level.
(2) Information regarding remedial programs provided by the school corporation or charter school, including the grade levels for which the remedial programs are provided.
(3) Contact information of a designated administrative contact who can provide information regarding the information described in subdivisions (1) and (2).
As added by P.L.243-2023, SEC.3.
Ind. Code § 20-26-5-45 Recording policy
Sec. 45. A school corporation may not adopt a policy or otherwise prevent the parent of a student from recording a meeting concerning the student's individualized education program.
As added by P.L.165-2025, SEC.2.
Ind. Code § 20-26-5-46 Nonviolent crisis intervention training
Sec. 46. (a) Not later than January 1, 2026, each school corporation shall ensure at least one (1) employee in each school building that is used for classroom instruction:
(1) has obtained nonviolent crisis intervention training; and
(2) is present in the school building during the school year while school is in session.
(b) An employee described in subsection (a) shall be available:
(1) for de-escalation and to respond to instances where de-escalation is needed; and
(2) to respond to any use of:
(A) a chemical restraint (as defined in IC 20-20.5-13-2);
(B) a mechanical restraint (as defined in IC 20-20.5-13-4);
(C) physical restraint (as defined in IC 20-20.5-13-5);
(D) seclusion (as defined in IC 20-20.5-13-9); or
(E) time-out (as defined in IC 20-20.5-13-10).
As added by P.L.165-2025, SEC.3. Amended by P.L.74-2026, SEC.66.
Ind. Code § 20-26-5-47 Notification of unsubstantiated or dismissed allegation of misconduct
Sec. 47. (a) As used in this section, "public school" means the following:
(1) A school maintained by a school corporation.
(2) A charter school.
(b) If:
(1) a student enrolled in a public school makes an allegation that an employee of the public school engaged in misconduct with, or pertaining to, the student; and
(2) the public school determines that the allegation is unsubstantiated or otherwise dismissed;
the public school shall, not later than fourteen (14) days after the date the public school makes the determination, provide written notification by mail, personal delivery, or electronic mail to the employee of the public school and a parent of the student that the allegation has been determined to be unsubstantiated or otherwise dismissed.
As added by P.L.232-2025, SEC.9.
Ind. Code § 20-26-5-48 Provision of information by military personnel
Sec. 48. If a public school, including a charter school, allows a postsecondary educational institution to provide information regarding postsecondary education or training to students of the public school, the public school shall allow military personnel to provide, in the same manner as the postsecondary educational institution, information regarding educational opportunities and financial education benefits available for service in the armed forces, national guard, or reserve component of the armed forces or national guard.
As added by P.L.149-2026, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026