Sec. 3. (a) The rule of law that a school corporation has only:

(1) powers expressly granted by statute;

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Terms Used In Indiana Code 20-26-3-3

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Statute: A law passed by a legislature.
(2) powers necessarily or fairly implied in or incident to powers expressly granted through rules adopted by the state board under IC 4-22-2 or otherwise; and

(3) powers indispensable to the declared purposes of the school corporation;

is abrogated.

     (b) A school corporation has:

(1) all powers granted to the school corporation by statute or through rules adopted by the state board; and

(2) all other powers necessary or desirable in the conduct of the school corporation’s affairs, even if the power is not granted by statute or rule.

     (c) The powers that school corporations have under subsection (b)(1) are listed in various statutes. However, these statutes do not list the powers that school corporations have under subsection (b)(2). The omission of a power from a list does not imply that school corporations lack that power.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-1.5-3.]

As added by P.L.1-2005, SEC.10.