Indiana § 20-28-8-6 Superintendent contracts

Indiana Statutes

§ 20-28-8-6 — Superintendent contracts

Indiana·Title 20 EDUCATION·Art. 28 SCHOOL TEACHERS·Ch. 8 Contracts With School Administrators

(a)A contract entered into by a governing body and its superintendent is subject to the following conditions:

(1)The contract may be altered or rescinded for a new one at any time by mutual consent of the governing body and the superintendent. The consent of both parties must be in writing and must be expressed in a manner consistent with this section and section 7 of this chapter.

(2)If the superintendent holds a license under IC 20-28-5, the rights of a superintendent as a teacher under any other law are not affected by the contract. However, if a right of a superintendent as a teacher under any other law conflicts with the conditions under subsection (b), subsection (b) governs.

(3)For a contract entered into or renewed after June 30, 2017, the conditions set forth under subsection

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(a) A contract entered into by a governing body
and its superintendent is subject to the following conditions:
(1) The contract may be altered or rescinded for a new one at any
time by mutual consent of the governing body and the
superintendent. The consent of both parties must be in writing and
must be expressed in a manner consistent with this section and
section 7 of this chapter.
(2) If the superintendent holds a license under IC 20-28-5, the
rights of a superintendent as a teacher under any other law are not
affected by the contract. However, if a right of a superintendent
as a teacher under any other law conflicts with the conditions
under subsection (b), subsection (b) governs.
(3) For a contract entered into or renewed after June 30, 2017, the
conditions set forth under subsection (b).
(b) This subsection applies to contracts entered into or renewed after
June 30, 2017. A contract entered into by a governing body and its
superintendent is subject to the following conditions:
(1) The contract must be for a term of at least one (1) year and not
more than three (3) years. However, a contract may be extended
for not more than an additional five (5) years beyond the term of
the original contract.
(2) If the contract contains a provision that establishes an amount
the governing body must pay to the superintendent to buy out the
contract, the amount may not be more than an amount equal to the
lesser of:
(A) the superintendent's salary for any one (1) year under the
contract; or
(B) two hundred fifty thousand dollars ($250,000).
A superintendent's salary under clause (A) does not include
benefits or any other forms of compensation that the
superintendent receives as payment under the contract other than
the superintendent's salary.
(c) This subsection applies to a governing body in which at least two
(2) members are elected. After June 30, 2021, a governing body may
not enter into a contract with a superintendent under this section on or
after the date of the election for two (2) or more members of the
governing body until January 1 of the year immediately following the
year of the election. However, this subsection does not apply if:
(1) the membership of the governing body does not change as a
result of the particular election; or
(2) only one (1) new member is elected to the governing body.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-6.1-4-18.]

Indiana § 20-28-8-6 (Superintendent contracts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.1-2005, SEC.12. Amended by P.L.167-2013, SEC.6; P.L.233-2015, SEC.213; P.L.208-2017, SEC.3; P.L.155-2020, SEC.12; P.L.115-2024, SEC.5; P.L.135-2025, SEC.11.