Ind. Code ch. 20-26-4

in effect

Ind. Code § 20-26-4-1 Organization; treasurer; duties; electronic funds transfer; executive secretary

Sec. 1. (a) As used in this section, "electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, or computer or magnetic tape to order, instruct, or authorize a financial institution to debit or credit an account. (b) The governing body of each school corporation shall organize by electing: (1) a president; (2) a vice president; and (3) a secretary; each of whom is a different member, not more than thirty (30) days after the commencement date of the members' terms of office. (c) A governing body shall, at the time that officers are elected under subsection (b), appoint a treasurer of the governing body and of the school corporation who is a person, other than the superintendent of schools, who is not a member of the governing body. The treasurer may, with the approval of the governing body, appoint a deputy who must be a person, other than the superintendent of schools, who is not a member of the governing body and who has the same powers and duties as the treasurer, or lesser duties as provided by the governing body by rule. (d) The treasurer is the official custodian of all funds of the school corporation and is responsible for the proper safeguarding and accounting for the funds. The treasurer shall: (1) issue a receipt for money received by the treasurer; (2) deposit money described in subdivision (1) in accordance with the laws governing the deposit of public funds; and (3) issue all warrants in payment of expenses lawfully incurred on behalf of the school corporation. However, except as otherwise provided by law, warrants described in this subdivision must be issued only after proper allowance or approval by the governing body. The governing body may not require an allowance or approval for amounts lawfully due in payment of indebtedness or payments due the state, the United States government, or agencies and instrumentalities of the state or the United States government. A verification, other than a properly itemized invoice, may not be required for any claim. A claim is sufficient as to form if the bill or statement for the claim has printed or stamped on the face of the bill or statement a verification of the bill or statement in language approved by the state board of accounts. (e) Notwithstanding subsection (d), a treasurer may transact school corporation financial business with a financial institution or a public retirement fund through the use of electronic funds transfer. The treasurer must provide adequate documentation to the governing body of transfers made under this subsection. This subsection applies only to agreements for joint investment of money under IC 5-13-9 and to payments to the Indiana public retirement system for: (1) the Indiana state teachers' retirement fund; or (2) the public employees' retirement fund; from participating employers. (f) Except as provided in IC 5-11, a treasurer is not personally liable for an act or omission occurring in connection with the performance of the duties set forth in this section, unless the act or omission constitutes gross negligence or an intentional disregard of the treasurer's duties. (g) A governing body may establish the position of executive secretary to the governing body. The executive secretary: (1) must be an employee of the school corporation; (2) may not be a member of the governing body; and (3) must be appointed by the governing body upon the recommendation of the superintendent of the school corporation. The governing body shall determine the duties of the executive secretary, which may include all or part of the duties of the secretary of the board. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-1.] As added by P.L.1-2005, SEC.10. Amended by P.L.35-2012, SEC.102; P.L.233-2015, SEC.92; P.L.58-2023, SEC.6; P.L.214-2025, SEC.77.

Ind. Code § 20-26-4-2 Oath of members

Sec. 2. A person elected or selected to be a member of a governing body shall take the following oath before taking office: "I solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Indiana, and the laws of the United States and the State of Indiana. I will faithfully execute the duties of my office as a member of this governing body, so help me God." However, the governing body may provide for additional provisions to the oath that the governing body considers appropriate for the office. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-1.5.] As added by P.L.1-2005, SEC.10.

Ind. Code § 20-26-4-3 Regular, statutory, and special meetings

Sec. 3. (a) Regular meetings must be held by each governing body at a time and place established by resolution of the board or may be incorporated in the rules provided in IC 20-26-5-4. A notice need not be given to a member for holding or taking any action at a regular meeting. (b) If a meeting is held according to a procedure set forth by statute or rule and if publication of notice of the meeting is required, notice of the meeting is not required and need not be given to a member for holding or taking any action at the meeting contemplated by the notice. The meeting must be held at the time and place specified in the published notice. (c) Special meetings of a governing body must be held on call by the governing body's president or by the superintendent of the school corporation. The call must be evidenced by a written notice specifying the date, time, and place of the meeting, delivered to each member personally or sent by mail or telegram so that each member has at least seventy-two (72) hours notice of the special meeting. Special meetings must be held at the regular meeting place of the board. (d) All meetings of a governing body must be open to the public to the extent required by IC 5-14-1.5. The governing body shall comply with IC 5-14-1.5. (e) If notice of a meeting is required and each member of a governing body has waived notice of the meeting, as provided in this subsection, notice of the meeting is not necessary. Waiver of notice of a meeting by a member consists of the following: (1) The member's presence at the meeting. (2) The member's execution of a written notice waiving the date, time, and place of the meeting, executed either before or after the meeting. If a waiver specifies that the waiver was executed before the meeting, third persons are entitled to rely on the statement. (f) At a meeting of the governing body, a majority of the members constitutes a quorum. Action may not be taken unless a quorum is present. Except where a larger vote is required by statute or rule with respect to any matter, a majority of the members present may adopt a resolution or take any action. (g) All meetings of the governing body for the conduct of business must be held within the school corporation, except as follows: (1) Meetings may be held at the administrative offices of the school corporation if the offices are outside the geographic limits of the school corporation but are within a county where all or a part of the school corporation is located. (2) Meetings may be held at a place where the statute or rule according to which a statutory meeting is held permits meeting outside the school corporation. (3) Meetings held jointly with another governing body must be held within the boundaries of one (1) of the school corporations. (h) A governing body may hold up to two (2) training sessions each year outside the school corporation. The sessions may be conducted as executive sessions under IC 5-14-1.5. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-2.] As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015, SEC.93; P.L.74-2026, SEC.48.

Ind. Code § 20-26-4-4 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-3.] As added by P.L.1-2005, SEC.10. Amended by P.L.96-2012, SEC.7; P.L.219-2013, SEC.91; P.L.233-2015, SEC.94; P.L.193-2021, SEC.107. Repealed by P.L.135-2025, SEC.3; P.L.232-2025, SEC.33.

Ind. Code § 20-26-4-4.5 School board vacancy because of member's death

Sec. 4.5. (a) The definitions in IC 3-5-2.1 apply to this section. (b) If a vacancy in a school board office exists because of the death of a school board member, the vacancy must be filled under IC 20-23-4-30. If IC 20-23-4-30(c)(2) applies to the vacancy, the vacancy must be filled after the secretary of the governing body receives notice of the death under IC 5-8-6. As added by P.L.119-2005, SEC.33. Amended by P.L.233-2015, SEC.95; P.L.135-2025, SEC.4; P.L.186-2025, SEC.115; P.L.195-2025, SEC.40; P.L.232-2025, SEC.8.

Ind. Code § 20-26-4-5 School corporation financial personnel bond requirements

Sec. 5. (a) For each school year commencing July 1: (1) the treasurer of each governing body and the governing body's school corporation; (2) a deputy treasurer, if so appointed; and (3) any individual whose official duties include receiving, processing, depositing, disbursing, or otherwise having access to funds: (A) that belong to a school corporation or the governing body of a school corporation; and (B) in an amount that exceeds five thousand dollars ($5,000) per year; shall give a bond for the faithful performance of the treasurer's, deputy treasurer's, or individual's duties written by an insurance company licensed to do business in Indiana, in an amount determined by the governing body. The treasurer shall be responsible under the treasurer's bond for the acts of a deputy treasurer appointed as provided in section 1 of this chapter. (b) A governing body may authorize the purchase of a blanket bond that: (1) is endorsed to include faithful performance to cover the faithful performance of all employees and individuals acting on behalf of the governing body or the governing body's school corporation, including the individuals described in subsection (a); and (2) includes aggregate coverage sufficient to provide coverage amounts specified for each individual who is required to give a bond under this section. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-4.] As added by P.L.1-2005, SEC.10. Amended by P.L.230-2015, SEC.3; P.L.188-2016, SEC.9.

Ind. Code § 20-26-4-6 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-5.] As added by P.L.1-2005, SEC.10. Repealed by P.L.214-2025, SEC.78.

Ind. Code § 20-26-4-7 Compensation of governing body members

Sec. 7. (a) The governing body of a school corporation by resolution has the power to pay each member of the governing body a reasonable amount for service as a member. Except as provided in IC 20-25-3-3, an amount paid to a member under this subsection may include not more than the following: (1) An annual amount not to exceed ten percent (10%) of the lowest starting salary of a teacher employed by the school corporation in which the member serves on the governing body. (2) A per diem not to exceed the rate approved for members of the board of school commissioners under IC 20-25-3-3(d). (b) If the members of the governing body are totally comprised of appointed members, the appointive authority under IC 20-23-4-28(e) shall approve the per diem rate allowable under subsection (a)(2) before the governing body may make the payments. (c) To make a valid approval under subsection (b), the appointive authority must approve the per diem rate with the same endorsement required under IC 20-23-4-28(f) to make the appointment of the member. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-6.] As added by P.L.1-2005, SEC.10. Amended by P.L.195-2025, SEC.41.

Ind. Code § 20-26-4-8 Approval of contracts

Sec. 8. Notwithstanding any other law, the president and secretary of the governing body of a school corporation are entitled, on behalf of the school corporation, to sign any contract, including employment contracts and contracts for goods and services. However, each contract must be approved by a majority of all members of the governing body. In the absence of either the president or secretary of the governing body, the vice president is entitled to sign the contracts with the officer who is present. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-8.] As added by P.L.1-2005, SEC.10.

Ind. Code § 20-26-4-9 Disqualification on basis of age prohibited

Sec. 9. An individual who is at least eighteen (18) years of age and is otherwise eligible to assume office as a member of a governing body may not be disqualified on the basis of age. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-9.] As added by P.L.1-2005, SEC.10. Amended by P.L.214-2025, SEC.79.

Ind. Code § 20-26-4-10 Property ownership not qualification

Sec. 10. Property ownership is not a qualification for serving as a member of a governing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-10.] As added by P.L.1-2005, SEC.10.

Ind. Code § 20-26-4-11 Ineligibility of teachers and noncertificated employees

Sec. 11. In addition to any other eligibility requirements for members of the governing body of a school corporation as set forth in law, an individual who is employed as a teacher or as a noncertificated employee (as defined in IC 20-29-2-11) of the school corporation may not be a member of the governing body of the school corporation. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-3-11.] As added by P.L.1-2005, SEC.10.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026