CHAPTER 4. GENERAL ADMINISTRATIVE PROVISIONS

IC 20-25-4
     Chapter 4. General Administrative Provisions

IC 20-25-4-1
Contracts or obligations; appropriations
    
Sec. 1. A contract or an obligation is not binding on the board unless the board makes an appropriation for the contract or obligation.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-2
Contracts involving more than $75,000; bidding for supplies and materials
    
Sec. 2. (a) A contract involving more than seventy-five thousand dollars ($75,000) must be:
        (1) in writing;
        (2) executed in the name of the board by:
            (A) the board's business manager; or
            (B) another board designated employee; and
        (3) approved by the board.
    (b) If money for a contract or purchase has been appropriated by the board, the designated employee may make contracts and purchases not exceeding seventy-five thousand dollars ($75,000) in any one (1) transaction. A contract and purchase under this subsection must be reported to the board at its next regular meeting.
    (c) A purchase of supplies or materials may not be made from one (1) person, firm, limited liability company, or corporation at any one (1) time or in any one (1) transaction totalling more than ten thousand dollars ($10,000) unless bids for the purchase of the supplies or the materials have been advertised and accepted. The board shall determine the mode and manner of advertising for bids for supplies and materials.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-3
School building improvements; bidding procedure
    
Sec. 3. (a) This section does not apply if the board by formal vote elects to:
        (1) build;
        (2) enlarge;
        (3) make alterations to; or
        (4) make improvements to;
a school or building owned by the board if the project described in subdivisions (1) through (4) will cost not more than fifteen thousand dollars ($15,000) and the board intends to complete the project using its own employees.
    (b) If subsection (a) does not apply and the board determines to:
        (1) build;
        (2) enlarge;
        (3) make alterations to; or         (4) make improvements to;
a school or building owned by the board, the cost of which is estimated to be more than ten thousand dollars ($10,000), the business manager or other board designated employee shall advertise for bids in the manner provided in subsection (c).
    (c) The advertisements for bids must be placed as follows:
        (1) One (1) advertisement must be placed each week for three (3) weeks.
        (2) The first advertisement must be placed at least twenty-one (21) days before the bids are opened.
        (3) The advertisement must be placed in two (2) newspapers of general circulation in the city.
The board shall enter in full in the minutes that advertisements for bids have been placed under this subsection.
    (d) If bids are taken under this section, a bid must be:
        (1) enclosed by the bidder in an envelope sealed by the bidder; and
        (2) presented at a meeting of the board or the bid committee of the board at the time and place fixed by the advertisement.
A bid may not be received after the time established in the advertisement.
    (e) The business manager at the hour established in the advertisements and in the presence of the board or the bid committee shall open all the bids. The bids must then be publicly read by a designated employee and be immediately entered in full in the records of the board.
    (f) The board shall, by general rules, specify the condition of each bid, and only the lowest and best bids from responsible bidders may be accepted. The board may, if the board has reason to suspect collusion among bidders, reject the bids of all bidders involved in the collusion.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-4
Designation of bid committee; opening and tabulating of bids
    
Sec. 4. (a) Notwithstanding any other law, the board may designate a committee of the board, which may consist of employees or officers of the board, to open or tabulate bids at a date, time, and place fixed by advertisement for:
        (1) the purchase of:
            (A) supplies;
            (B) material;
            (C) equipment; or
            (D) land;
        (2) the building, enlargement, or alteration of any school building; or
        (3) any other purpose.
    (b) The committee of the board shall open and tabulate each bid that is presented to the committee. The bids shall be:
        (1) read and tabulated publicly;         (2) immediately entered in the record of the board; and
        (3) reported to the board at the board's next meeting.
    (c) A bid shall be accepted or rejected by the committee of the board under this section. The bid shall be accepted or rejected by the board in an official board meeting.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-5
Repealed
    
(Repealed by P.L.2-2006, SEC.199.)

IC 20-25-4-6
Repealed
    
(Repealed by P.L.2-2006, SEC.199.)

IC 20-25-4-7
Repealed
    
(Repealed by P.L.2-2006, SEC.199.)

IC 20-25-4-8
Repealed
    
(Repealed by P.L.2-2006, SEC.199.)

IC 20-25-4-9
Repealed
    
(Repealed by P.L.2-2006, SEC.199.)

IC 20-25-4-10
Limitations on debt; eminent domain power of board of school commissioners
    
Sec. 10. (a) If the compensation to be paid for the purchase of real estate or an interest in real estate required by the board for the board's purposes cannot be agreed upon or determined by the:
        (1) board; and
        (2) persons owning or having an interest in the land desired;
the board may, by eminent domain, determine the compensation and acquire the title to the real estate or interest in the real estate by court action under IC 32-24.
    (b) The right and power of the board to own and acquire real estate and interests in real estate in any manner and for any purpose specified in this chapter or by the general school laws of Indiana is not limited to real estate situated within the corporate boundaries of the civil city in which a school city is located. However, the right and power to acquire and own real estate extends to any parcel or trace of real estate the whole of which is situated:
        (1) within one-half (1/2) mile of the nearest point on the corporate boundary of the civil city;
        (2) within a platted territory:
            (A) outside but contiguous to; or
            (B) contiguous to another platted territory that is contiguous

to;
        the corporate boundary of the civil city; or
        (3) within one-half (1/2) mile of the nearest point of the boundary of a platted territory:
            (A) outside but contiguous to; or
            (B) contiguous to another platted territory that is contiguous to;
        the corporate boundary of the civil city.
"Platted territory", as used in this subsection, means a territory or land area for which a plat has been recorded in the manner provided by Indiana law pertaining to the recording of plats of land.
    (c) Before acquiring any real estate or interest in real estate outside the corporate limits of the civil city, the board must, by resolution entered into the record of the board's corporate minutes, find and determine that, in the judgment of the board, the real estate or interest in real estate to be acquired will be needed for the future purposes of the board. This chapter does not limit the right of any board to accept, own, and hold real estate or an interest in real estate, wherever situated, that is acquired by the board by gift or devise.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.113.

IC 20-25-4-11
Board of school commissioners; powers and duties conferred by law
    
Sec. 11. The board has the powers and duties conferred upon governing bodies by existing statutes and by the general school laws, including IC 20-26-1, IC 20-26-2, IC 20-26-3, IC 20-26-4, IC 20-26-5, IC 20-26-7, and IC 20-41-1, to the extent the powers and duties are consistent with this chapter.
As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.114.

IC 20-25-4-12

Board of school commissioners; powers; prohibited land acquisitions
    
Sec. 12. (a) The board may:
        (1) except as provided in subsection (b), acquire by purchase, devise, gift, lease, or condemnation grounds needed by the school city;
        (2) construct or lease buildings for school, school administration, or school office purposes;
        (3) employ and pay all employees needed in any branch of the work committed to the board;
        (4) disburse, according to law, all money of the school city for lawful school city purposes;
        (5) have and exercise in the school city full and exclusive:
            (A) authority concerning the conduct and management of all common schools, including elementary schools and high schools; and
            (B) power to establish and enforce all regulations for the:
                (i) grading of; and                 (ii) courses of;
            instruction in all schools and for the government and discipline of the schools;
        (6) divide the city into districts for school attendance purposes;
        (7) maintain special day or night schools to which the board may admit adults and children at least fifteen (15) years of age; and
        (8) maintain playgrounds and vacation schools.
    (b) The board may not acquire the following real property:
        Lots 693-719, inclusive, and 7 1/2 feet west of and adjacent to such lots, in Norcliffe Addition, an addition to the city of Indianapolis, as per plat thereof, recorded in plat book 18 at pages 165 and 166, in the office of the recorder of Marion County, Indiana.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-13
Operating expenses for special schools and vacation schools; imposition of fees
    
Sec. 13. The expense of operating special schools under section 12(a)(7) of this chapter and playgrounds and vacation schools under section 12(a)(8) of this chapter must be paid out of the board's general fund. The board may make and impose fees that the board considers reasonable for:
        (1) enrollment of any high school graduate in any class offered in a special school; and
        (2) enrollment by any person at least seventeen (17) years of age in any special school class that does not provide credit toward graduation or progression in the regularly maintained common schools in the school city.
The receipts from fees under this section become a part of the board's general fund.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-14
School cities; power to sell real estate and transfer personal property
    
Sec. 14. (a) A school city may:
        (1) sell real estate;
        (2) transfer personal property; and
        (3) execute deeds of conveyance and instruments of transfer with or without covenants of warranty;
if, in the opinion of the board, the real estate or personal property cannot be advantageously used for school or library purposes and can be sold for its fair cash value.
    (b) A determination by the board that real estate or personal property cannot be advantageously used under subsection (a) must be entered into the record of the minutes of the school city's board.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-15
Absence of board commissioners or employees; reimbursement for expenses
    
Sec. 15. (a) The board may, subject to the board's rules, authorize a member of the board or an officer or individual employed by the board to be absent from the school city in the interest of the school city without loss of compensation.
    (b) The board may refund to an individual described in subsection (a) necessary expenses incurred during the individual's absence. The amount refunded under this subsection must be paid from the board's general fund.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-16
Industrial or manual training and education system; establishment
    
Sec. 16. (a) The board may establish and conduct a system of industrial or manual training and education in connection with and as part of the board's common school system.
    (b) Industrial or manual training or education may include:
        (1) the principal use of tools and mechanical implements; and
        (2) the elementary principles of mechanical construction, mechanical drawing, and printing.
The board shall employ competent instructors in each of the various subjects.
    (c) The board shall establish rules and regulations for the admission of students to the industrial and manual training education system. The rules and regulations must, in the judgment of the board, produce the best results and provide instruction to the largest practicable number of students. The instruction in industrial and manual training education may be given in space provided in school buildings or in separate buildings if, in the judgment of the board, it is most advantageous.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-17
Industrial or trade school properties acquired by gift; maintenance and operation of trade school; transfer tuition charges; nonresidents
    
Sec. 17. (a) If a school city acquires title to or possession of real estate, buildings, and personal property in the school city by gift or donation, and the real estate, building, or personal property was used as an industrial or trade school for the education of youths in the trades of:
        (1) printing;
        (2) lithography;
        (3) machine making;
        (4) molding;
        (5) typesetting;
        (6) bricklaying;
        (7) tile setting;         (8) pattern making;
        (9) pharmacy; or
        (10) other trades or occupations;
the board may, by the use of the board's school funds, maintain and operate the industrial or trade school or schools.
    (b) If real estate, a building, or personal property is acquired by the school city under subsection (a), the board shall:
        (1) perform any conditions incident to the school city's acquisition of the property;
        (2) maintain and operate the trade school and real estate, building, or personal property;
        (3) employ competent instructors in the various subjects to be taught;
        (4) purchase all necessary tools, implements, supplies, and apparatus; and
        (5) establish general rules and requirements for:
            (A) admission of pupils to the school or schools;
            (B) the courses of instruction; and
            (C) the conduct of the trade or industrial schools;
        that, in the board's judgment, will produce the best results and give instruction to the largest practicable number of students.
The school city may also use the real estate, building, or personal property acquired under subsection (a) for other school purposes, but not for any purpose that will materially interfere with the conduct of the trade or industrial schools.
    (c) The transfer tuition charge for each student who:
        (1) is transferred to the school city from another school corporation in Indiana; and
        (2) receives trade or industrial instruction in a trade or industrial school located on property acquired under subsection (a);
must be the actual per capita cost of operating the school the student attends. However, the costs of permanent improvements or additions, the salaries of the superintendents, or the costs of apparatus or repairing broken or damaged apparatus may not be used in computing the actual per capita cost.
    (d) If the school city admits a student to a trade school acquired by means described in this section and the student is not, by law, entitled to school privileges, the tuition charge for the student may not be greater than the per capita cost of operating the school the student attends. The cost of permanent improvements and additions may not be included in computing the cost under this subsection.
    (e) A school city may admit to the school city's career and technical, trade, or industrial schools nonresidents of Indiana. A nonresident student must pay reasonable laboratory and shop fees and a tuition fee of not more than the per student cost to the school city conducting the career and technical, trade, or industrial schools. A return on capital invested in buildings, grounds, or equipment may not be included in computing the per student cost under this subsection.
As added by P.L.1-2005, SEC.9. Amended by P.L.234-2007,

SEC.102.

IC 20-25-4-18
Authority of school cities to accept property in trust
    
Sec. 18. (a) A school city may accept property in trust to be used for common school or career and technical, trade, or industrial school purposes. The school city, whether made trustee by appointment of a court or by the founder of the trust, may carry out the terms of the trust in conducting common schools or career and technical, trade, or industrial schools.
    (b) If a school city by:
        (1) resolution of; or
        (2) other formal corporate action of;
the board accepts real estate or other property in trust under subsection (a), the school city shall perform all requirements made conditions of the trust performable by the trustee.
As added by P.L.1-2005, SEC.9. Amended by P.L.234-2007, SEC.103.

IC 20-25-4-19
School lunches; expenses
    
Sec. 19. (a) If the board determines it will promote the health of school children and advance the educational work of the schools, the board may provide for the serving of lunches to the students attending designated schools.
    (b) The board may:
        (1) establish kitchens and lunch rooms;
        (2) provide equipment suitable for kitchens and lunch rooms;
        (3) make other necessary provision for furnishing and serving lunches; and
        (4) employ a director and other necessary assistants or employees;
to provide lunches under subsection (a).
    (c) The board shall pay the expenses arising under subsection (b) out of the board's general fund. The expense of operating a lunch department shall, so far as practicable, be paid from charges paid by the students for the lunches. However, the board may, in the board's discretion, furnish lunches without cost to a student who is needy and unable to pay for the student's lunch.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-20
Applicability of general school laws
    
Sec. 20. The general school laws of Indiana and all laws and parts of laws applicable to the general system of common schools in school cities, so far as not inconsistent with this chapter and other provisions of this article, and unless made inapplicable by this article, are in full force and effect in a school city to which this chapter applies.
As added by P.L.1-2005, SEC.9.
IC 20-25-4-21
School reorganization plans; applicability
    
Sec. 21. This chapter applies to the school city to the extent the chapter is not in conflict with:
        (1) IC 20-23-4 and IC 20-23-16; and
        (2) the school reorganization plan applicable to the school city or the school city's successor corporation under the terms of IC 20-23-4 and IC 20-23-16.
However, IC 20-25-3-4 prevails over any conflicting provision of IC 20-23-4 and IC 20-23-16 and over the provisions of any school reorganization plan.
As added by P.L.1-2005, SEC.9.

IC 20-25-4-22
Authority to establish police department
    
Sec. 22. The governing body of a school city may establish a police department under IC 20-26-16.
As added by P.L.132-2007, SEC.5.