This text of Indiana § 20-46-1-20 (Restrictions on promoting a position on a referendum) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except as otherwise provided in this
section, during the period beginning with the adoption of a resolution
by the governing body of a school corporation to place a referendum
under this chapter on the ballot and continuing through the day on
which the referendum is submitted to the voters, the school corporation
may not promote a position on the referendum by doing any of the
following:
(1)Using facilities or equipment, including mail and messaging
systems, owned by the school corporation to promote a position
on the referendum, unless equal access to the facilities or
equipment is given to persons with a position opposite to that of
the school corporation.
(2)Making an expenditure of money from a fund controlled by
the school corporation to promote a position on the referendum.
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(a) Except as otherwise provided in this
section, during the period beginning with the adoption of a resolution
by the governing body of a school corporation to place a referendum
under this chapter on the ballot and continuing through the day on
which the referendum is submitted to the voters, the school corporation
may not promote a position on the referendum by doing any of the
following:
(1) Using facilities or equipment, including mail and messaging
systems, owned by the school corporation to promote a position
on the referendum, unless equal access to the facilities or
equipment is given to persons with a position opposite to that of
the school corporation.
(2) Making an expenditure of money from a fund controlled by
the school corporation to promote a position on the referendum.
(3) Using an employee to promote a position on the referendum
during the employee's normal working hours or paid overtime, or
otherwise compelling an employee to promote a position on the
referendum at any time. However, if a person described in
subsection (d) is advocating for or against a position on the
referendum or discussing the referendum as authorized under
subsection (d), an employee of the school corporation may assist
the person in presenting information on the referendum, if
requested to do so by the person described in subsection (d).
(4) Promoting a position on the referendum by:
(A) using students to transport written materials to their
residences or in any way involving students in a school
organized promotion of a position;
(B) including a statement within another communication sent
to the students' residences; or
(C) initiating discussion of the referendum at a meeting
between a teacher and parents of a student regarding the
student's performance or behavior at school. However, if the
parents initiate a discussion of the referendum at the meeting,
the teacher may acknowledge the issue and direct the parents to
a source of factual information on the referendum.
However, this section does not prohibit an official or employee of the
school corporation from carrying out duties with respect to a
referendum that are part of the normal and regular conduct of the
official's or employee's office or agency, including the furnishing of
factual information regarding the referendum in response to inquiries
from any person.
(b) The staff and employees of a school corporation may not
personally identify a student as the child of a parent or guardian who
supports or opposes the referendum.
(c) This subsection does not apply to:
(1) a personal expenditure to promote a position on a local public
question by an employee of a school corporation whose
employment is governed by a collective bargaining contract or an
employment contract; or
(2) an expenditure to promote a position on a local public
question by a person or an organization that has a contract or an
arrangement (whether formal or informal) with the school
corporation solely for the use of the school corporation's facilities.
A person or an organization that has a contract or arrangement
(whether formal or informal) with a school corporation to provide
goods or services to the school corporation may not spend any money
to promote a position on the petition or remonstrance. A person or an
organization that violates this subsection commits a Class A infraction.
(d) Notwithstanding any other law, an elected or appointed school
board member or a school corporation superintendent, school
corporation assistant superintendent, or chief school business official
of a school corporation may at any time:
(1) personally advocate for or against a position on a referendum;
or
(2) discuss the referendum with any individual, group, or
organization or personally advocate for or against a position on a
referendum before any individual, group, or organization;
so long as it is not done by using public funds. Advocacy or discussion
allowed under this subsection is not considered a use of public funds.
However, this subsection does not authorize or apply to advocacy or
discussion by a school board member, superintendent, assistant
superintendent, or school business official to or with students that
occurs during the regular school day.
(e) A student may use school equipment or facilities to report or
editorialize about a local public question as part of the news coverage
of the referendum by a student newspaper or broadcast.