School board authority in Indiana

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Indiana state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Indiana law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Indiana law prohibits instruction in public schools regarding human sexuality for prekindergarten through third grade.
  • Indiana state law requires parental notification when a student requests to change their name or pronouns and for instructional materials related to personal analysis and human sexuality.
  • Indiana is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
  • Indiana is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.
  • Indiana school boards are authorized to engage in collective bargaining agreements with school employees over the subject of salary and wages but are prohibited from engaging in collective bargaining over other subjects.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Indiana

    Enabling or authorizing statute for the boards of school districts in Indiana

    See also: Enabling statute

    Indiana Code § 20-25-3-1, creates school district boards and gives them authority to operate according to state law:[1]

    “

    (a) The government, management, and control of all common schools and common school libraries in the school city are vested in a board of school commissioners that consists of seven (7) school commissioners.

    (b) The corporate name of the school city is "The Board of School Commissioners of the City of ____________" (the blank being filled with the name of the civil city), and by that corporate name the school city shall:

    (1) contract;
    (2) be contracted with;
    (3) sue; and
    (4) be sued.[2]
    		 ”

    Indiana school boards' powers and duties

    Indiana public school boards of directors are given broad authority to administer the public schools in Indiana and create a plan for improvement of student achievement.

    School boards are granted authority to establish plans for student achievement in Indiana Code § 20-25-10-1:[3]

    “

    The board shall modify, develop, and implement a plan for the improvement of student achievement in the schools in the school city. [2]

    		”

    In addition to broad authority, school boards are given at least 20 specific powers and duties to administer their school districts. Along with budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • purchasing curricular materials
    • accepting students transferred from other school corporations and transfering students to other school corporations

    The list of powers and duties school district boards are charged with appears in Indiana Statutes § 20-26-5-4 and are as follows:[4]

    “

    (a) In carrying out the school purposes of a school corporation, the governing body acting on the school corporation's behalf has the following specific powers:

    (1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law. However, a governing body may not use funds received from the state to bring or join in an action against the state, unless the governing body is challenging an adverse decision by a state agency, board, or commission.

    (2) To take charge of, manage, and conduct the educational affairs of the school corporation and to establish, locate, and provide the necessary schools, school libraries, other libraries where permitted by law, other buildings, facilities, property, and equipment.

    (3) To appropriate from the school corporation's general fund (before January 1, 2019) or the school corporation's operations fund (after December 31, 2018) an amount, not to exceed the greater of three thousand dollars ($3,000) per budget year or one dollar ($1) per pupil, not to exceed twelve thousand five hundred dollars ($12,500), based on the school corporation's ADM of the previous year (as defined in IC 20-43-1-7) to promote the best interests of the school corporation through: (A) the purchase of meals, decorations, memorabilia, or awards; (B) provision for expenses incurred in interviewing job applicants; or (C) developing relations with other governmental units.

    (4) To do the following:

    (A) Acquire, construct, erect, maintain, hold, and contract for construction, erection, or maintenance of real estate, real estate improvements, or an interest in real estate or real estate improvements, as the governing body considers necessary for school purposes, including buildings, parts of buildings, additions to buildings, rooms, gymnasiums, auditoriums, playgrounds, playing and athletic fields, facilities for physical training, buildings for administrative, office, warehouse, repair activities, or housing school owned buses, landscaping, walks, drives, parking areas, roadways, easements and facilities for power, sewer, water, roadway, access, storm and surface water, drinking water, gas, electricity, other utilities and similar purposes, by purchase, either outright for cash (or under conditional sales or purchase money contracts providing for a retention of a security interest by the seller until payment is made or by notes where the contract, security retention, or note is permitted by applicable law), by exchange, by gift, by devise, by eminent domain, by lease with or without option to purchase, or by lease under IC 20-47-2, IC 20-47-3, or IC 20-47-5.

    (B) Repair, remodel, remove, or demolish, or to contract for the repair, remodeling, removal, or demolition of the real estate, real estate improvements, or interest in the real estate or real estate improvements, as the governing body considers necessary for school purposes.

    (C) Provide for conservation measures through utility efficiency programs or under a guaranteed savings contract as described in IC 36-1-12.5.

    (5) To acquire personal property or an interest in personal property as the governing body considers necessary for school purposes, including buses, motor vehicles, equipment, apparatus, appliances, books, furniture, and supplies, either by cash purchase or under conditional sales or purchase money contracts providing for a security interest by the seller until payment is made or by notes where the contract, security, retention, or note is permitted by applicable law, by gift, by devise, by loan, or by lease with or without option to purchase and to repair, remodel, remove, relocate, and demolish the personal property. All purchases and contracts specified under the powers authorized under subdivision (4) and this subdivision are subject solely to applicable law relating to purchases and contracting by municipal corporations in general and to the supervisory control of state agencies as provided in section 6 of this chapter.

    (6) To sell or exchange real or personal property or interest in real or personal property that, in the opinion of the governing body, is not necessary for school purposes, in accordance with IC 20-26-7 and IC 20-26-7.1, to demolish or otherwise dispose of the property if, in the opinion of the governing body, the property is not necessary for school purposes and is worthless, and to pay the expenses for the demolition or disposition.

    (7) Except as provided under subsections (c) and (d), to lease any school property for a rental that the governing body considers reasonable or to permit the free use of school property for:

    (A) civic or public purposes; or

    (B) the operation of a school age child care program for children who are at least five (5) years of age and less than fifteen (15) years of age that operates before or after the school day, or both, and during periods when school is not in session; if the school property continues to be used primarily for classroom instruction by the school corporation, is not subject to closure under IC 20-26-7-47, and is not a covered school building that must be made available for lease or purchase under IC 20-26-7.1. Under this subdivision, the governing body may enter into a lease or use agreement with a nonprofit corporation, community service organization, or other governmental entity, if the corporation, organization, or other governmental entity will use the property to be leased for civic or public purposes or for a school age child care program. However, if payment for the property subject to a lease or use agreement is made from money in the school corporation's debt service fund, all proceeds from the lease or use agreement must be deposited in the school corporation's debt service fund so long as payment for the property has not been made. The governing body may, at the governing body's option, use the procedure specified in IC 36-1-11-10 in leasing property under this subdivision. If the school property is not being used primarily for classroom instruction or is subject to closure under IC 20-26-7-47, the governing body must first comply with IC 20-26-7 and IC 20-26-7.1 before leasing the school property under this subdivision.

    (8) To do the following:

    (A) Employ, contract for, and discharge superintendents, supervisors, principals, teachers, librarians, athletic coaches (whether or not they are otherwise employed by the school corporation and whether or not they are licensed under IC 20-28-5), business managers, superintendents of buildings and grounds, janitors, engineers, architects, physicians, dentists, nurses, accountants, teacher aides performing noninstructional duties, educational and other professional consultants, data processing and computer service for school purposes, including the making of schedules, the keeping and analyzing of grades and other student data, the keeping and preparing of warrants, payroll, and similar data where approved by the state board of accounts as provided below, and other personnel or services as the governing body considers necessary for school purposes.

    (B) Fix and pay the salaries and compensation of persons and services described in this subdivision that are consistent with IC 20-28-9-1.5.

    (C) Classify persons or services described in this subdivision and to adopt a compensation plan with a salary range that is consistent with IC 20-28-9-1.5.

    (D) Determine the number of the persons or the amount of the services employed or contracted for as provided in this subdivision.

    (E) Determine the nature and extent of the duties of the persons described in this subdivision. The compensation, terms of employment, and discharge of teachers are, however, subject to and governed by the laws relating to employment, contracting, compensation, and discharge of teachers. The compensation, terms of employment, and discharge of bus drivers are subject to and governed by laws relating to employment, contracting, compensation, and discharge of bus drivers.

    (9) Notwithstanding the appropriation limitation in subdivision (3), when the governing body by resolution considers a trip by an employee of the school corporation or by a member of the governing body to be in the interest of the school corporation, including attending meetings, conferences, or examining equipment, buildings, and installation in other areas, to permit the employee to be absent in connection with the trip without any loss in pay and to reimburse the employee or the member the employee's or member's reasonable lodging and meal expenses and necessary transportation expenses. To pay teaching personnel for time spent in sponsoring and working with school related trips or activities.

    (10) Subject to IC 20-27-13, to transport children to and from school, when in the opinion of the governing body the transportation is necessary, including considerations for the safety of the children. The transportation must be otherwise in accordance with applicable law.

    (11) To provide a lunch program for a part or all of the students attending the schools of the school corporation, including the establishment of kitchens, kitchen facilities, kitchen equipment, lunch rooms, the hiring of the necessary personnel to operate the lunch program, and the purchase of material and supplies for the lunch program, charging students for the operational costs of the lunch program, fixing the price per meal or per food item. To operate the lunch program as an extracurricular activity, subject to the supervision of the governing body. To participate in a surplus commodity or lunch aid program.

    (12) To:

    (A) purchase curricular materials and to furnish curricular materials without cost; and

    (B) assess and collect a reasonable fee for lost or significantly damaged curricular materials.

    (13) To accept students transferred from other school corporations and to transfer students to other school corporations in accordance with applicable law.

    (14) To make budgets, to appropriate funds, and to disburse the money of the school corporation in accordance with applicable law. To borrow money against current tax collections and otherwise to borrow money, in accordance with IC 20-48-1.

    (15) To purchase insurance or to establish and maintain a program of self-insurance relating to the liability of the school corporation or the school corporation's employees in connection with motor vehicles or property and for additional coverage to the extent permitted and in accordance with IC 34-13-3-20. To purchase additional insurance or to establish and maintain a program of self-insurance protecting the school corporation and members of the governing body, employees, contractors, or agents of the school corporation from liability, risk, accident, or loss related to school property, school contract, school or school related activity, including the purchase of insurance or the establishment and maintenance of a self-insurance program protecting persons described in this subdivision against false imprisonment, false arrest, libel, or slander for acts committed in the course of the persons' employment, protecting the school corporation for fire and extended coverage and other casualty risks to the extent of replacement cost, loss of use, and other insurable risks relating to property owned, leased, or held by the school corporation. In accordance with IC 20-26-17, to:

    (A) participate in a state employee health plan under IC 5-10-8-6.7;

    (B) purchase insurance; or

    (C) establish and maintain a program of self-insurance; to benefit school corporation employees, including accident, sickness, health, or dental coverage, provided that a plan of self-insurance must include an aggregate stop-loss provision.

    (16) To make all applications, to enter into all contracts, and to sign all documents necessary for the receipt of aid, money, or property from the state, the federal government, or from any other source.

    (17) To defend a member of the governing body or any employee of the school corporation in any suit arising out of the performance of the member's or employee's duties for or employment with, the school corporation, if the governing body by resolution determined that the action was taken in good faith. To save any member or employee harmless from any liability, cost, or damage in connection with the performance, including the payment of legal fees, except where the liability, cost, or damage is predicated on or arises out of the bad faith of the member or employee, or is a claim or judgment based on the member's or employee's malfeasance in office or employment.

    (18) To prepare, make, enforce, amend, or repeal rules, regulations, and procedures:

    (A) for the government and management of the schools, property, facilities, and activities of the school corporation, the school corporation's agents, employees, and pupils and for the operation of the governing body; and

    (B) that may be designated by an appropriate title such as "policy handbook", "bylaws", or "rules and regulations".

    (19) To ratify and approve any action taken by a member of the governing body, an officer of the governing body, or an employee of the school corporation after the action is taken, if the action could have been approved in advance, and in connection with the action to pay the expense or compensation permitted under IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1, IC 20-40-12, and IC 20-48-1 or any other law.

    (20) To exercise any other power and make any expenditure in carrying out the governing body's general powers and purposes provided in this chapter or in carrying out the powers delineated in this section which is reasonable from a business or educational standpoint in carrying out school purposes of the school corporation, including the acquisition of property or the employment or contracting for services, even though the power or expenditure is not specifically set out in this chapter. The specific powers set out in this section do not limit the general grant of powers provided in this chapter except where a limitation is set out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by specific language or by reference to other law.

    (b) A superintendent hired under subsection (a)(8):

    (1) is not required to hold a teacher's license under IC 20-28-5; and

    (2) is required to have obtained at least a master's degree from an accredited postsecondary educational institution.

    (c) The governing body acting on the school corporation's behalf may renew a lease or memorandum of understanding described in IC 20-26-7.1-3(d) with a nonprofit organization as described in IC 20-26-7.1-3(d).

    (d) The governing body acting on the school corporation's behalf may lease any school property for a rental to one (1) or both of the following:

    (1) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1.

    (2) The Indiana School for the Deaf established by IC 20-22-2-1. This subsection expires June 30, 2030.[2]

    		”

    Constraints on Indiana school boards' authority

    This section tracks constraints on school boards specific to Indiana as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Indiana school boards' authority by topic

    This section features constraints on Indiana school boards' authority on policies related to the following topics:

    Curriculum requirements

    Indiana requires the following specific topics to be included in each district's curriculum:[5]

    • The Indiana Constitution and U.S. Constitution for grades 6-12
    • Instruction on the U.S. and Indiana systems of government, voting methods, party structures, election laws, and "responsibilities of citizen participation in government and in elections" for grades 6-12[6]
    • Instruction on honesty, morality, courtesy, obedience to the law, respect for the flag and the constitution of the U.S. and the state, respect for parents and the home, "the dignity and necessity of honest labor," and "other lessons of a steadying influence that tend to promote and develop an upright and desirable citizenry"[7]
    • Instruction on what the statute describes as good citizenship[8]
    • Sciences including computer science
    • Instruction on the human immunodeficiency virus (HIV)
    • Instruction on human sexuality or sexually transmitted infection, with a requirement to teach abstinence and consent[9]
    • Career awareness and development
    • Information on meningococcal disease and its vaccines
    • Personal financial responsibility for high school students
    • Reading curriculum that aligns with the science of reading[10]

    Curriculum restrictions

    Indiana law prohibits instruction in public schools regarding human sexuality for prekindergarten through third grade:[11]

    “

    A school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in prekindergarten through grade 3 on human sexuality. [2]

    		”
    Federal law and guidance

    Book bans, removals, and restrictions

    Indiana school boards are required to establish procedures for preparing a catalog of library materials and for addressing requests to remove materials from the school library.[13]

    “ (a) The governing body of a school corporation or charter school shall establish a:
    (1) procedure for each school to prepare a catalogue of materials available in the school library;
    (2) procedure for each school to allow a:
    (A) parent or guardian of a student enrolled in the school; or
    (B) community member:
    (i) within the school district; or
    (ii) within the school district in which the charter school is located;
    to submit a request to remove material from the school library that is obscene (as described in IC 35-49-2-1) or harmful to minors (as described in IC 35-49-2-2); and
    (3) response and appeal procedure for each school to respond to a removal request submitted by a parent, guardian, or community member described in subdivision (2).

    (b) The response and appeal procedure established under subsection (a)(3) must require the governing body to review the request at the next public meeting. [2]

    		”

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[14][15][16]

    Federal guidance


    Parental notification

    Indiana requires parental notification on the following topics:

    • Their child will be given instruction or instructional materials related to personal analysis or human sexuality[18]
    • Their students request to change their name or pronouns[19]

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[20]

    Discipline

    See also: How does Indiana compare to other states on school board authority over disciplinary policy?

    Indiana is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of Indiana Code § 20-33-8-12 is as follows:[21]

    “

    (a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the following:

    (1) Establish written discipline rules, which must include a graduated system of discipline and may include:
    (A) appropriate dress codes; and
    (B) if applicable, an agreement for court assisted resolution of school suspension and expulsion cases;
    for the school corporation.
    (2) Give general publicity to the discipline rules within a school where the discipline rules apply by actions such as:
    (A) making a copy of the discipline rules available to students and students' parents; or
    (B) delivering a copy of the discipline rules to students or the parents of students.
    This publicity requirement may not be construed technically and is satisfied if the school corporation makes a good faith effort to disseminate to students or parents generally the text or substance of a discipline rule.

    (b) The:

    (1) superintendent of a school corporation; and
    (2) principals of each school in a school corporation;

    may adopt regulations establishing lines of responsibility and related guidelines in compliance with the discipline policies of the governing body.

    (c) The governing body of a school corporation may delegate:

    (1) rulemaking;
    (2) disciplinary; and
    (3) other authority;

    as reasonably necessary to carry out the school purposes of the school corporation.

    (d) Subsection (a) does not apply to rules or directions concerning the following:

    (1) Movement of students.
    (2) Movement or parking of vehicles.
    (3) Day to day instructions concerning the operation of a classroom or teaching station.
    (4) Time for commencement of school.
    (5) Other standards or regulations relating to the manner in which an educational function must be administered.

    However, this subsection does not prohibit the governing body from regulating the areas listed in this subsection. [2]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Indiana, How does Indiana compare to other states on school board authority over election timing?

    Indiana is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Indiana.

    Public school choice and open enrollment

    See also: School choice in Indiana

    Indiana law requires school districts to establish an intradistrict open enrollment program for students within the district and authorizes school districts to approve requests for transfers between districts:[23][24]

    “

    The school city shall offer a parental choice program that allows a parent the opportunity to choose the school in the school city that the parent's child will attend. [2]

    		”

    Charter schools

    See also: Charter schools in Indiana, How does Indiana compare to other states on school board authority over charter schools?

    Indiana is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    School boards can register with the state board for charter authority within their district. The executive of a consolidated city, state educational institutions offering four-year baccalaureate degrees, the governing board of a nonprofit college or university offering four-year degrees, and the state charter board are also eligible to be authorizers of charter schools in the state:[25][26]

    “

    (b) A governing body of a school corporation may register with the state board for charter authority within the attendance area of the school corporation. The state board shall post on the state board's Internet web site an application received from an authorizer to register with the state board under this section within ten (10) days after receipt of the application. The state board may not charge an authorizer a fee to register with the state board under this section. [2]

    		”

    Cellphone bans

    See also: How does Indiana compare to other states on cellphone laws?

    Indiana is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Indiana Governor Eric Holcomb (R) on March 11, 2024, signed Senate Bill 185 into law, requiring all public schools and charter schools to adopt a policy banning cellphone use:[27]

    “

    Each school corporation and charter school shall adopt and implement a wireless communication device policy that:

    (1) except as provided in subdivisions (2) and (3) and subsection (d), prohibits a student from using a wireless communication device during instructional time;
    (2) authorizes a teacher to allow a student to use a wireless communication device for educational purposes during instructional time; and
    (3) permits a student to use a wireless communication device in the event of an emergency or to manage the student's health care.[2]
    		 ”

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[28][29]

    Indiana school boards are authorized to engage in collective bargaining agreements with school employees over the subject of salary and wages. Indiana law prohibits school boards from engaging in collective bargaining with school employees over the following subjects:[30][31]

    “

    (a) For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:

    (1) The school calendar.
    (2) Teacher dismissal procedures and criteria.
    (3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.
    (4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.
    (5) Any subject not expressly listed in section 4 of this chapter.

    (b) For a contract entered into after January 1, 2015, for a school year beginning after June 30, 2015, a school employer may not bargain collectively with the exclusive representative for the following:

    (1) A matter described in subsection (a).
    (2) A matter that another statute specifies is not subject to collective bargaining, including IC 20-28-9-1.5 and IC 20-43-10-3.5.

    (c) A subject set forth in subsection (a) or (b) that may not be bargained collectively may not be included in an agreement entered into under this article. [2]

    		”

    Parents' bill of rights

    See also: How does Indiana compare to other states on Parents' Bills of Rights?

    Indiana is one of 26 states that has a Parents' Bill of Rights.

    The statute holds that parents can review and question curriculum, make decisions about their child's medical care such as vaccinations, and can direct the upbringing and education of their child, among other provisions. The text of the Parent Education Bill of Rights, as published in a report by Indiana Attorney General Todd Rokita (R), is as follows:[32]

    “

    1. You have the right and expectation to question and address your child's school officials via letters, electronic communications, and in-person meetings. You also have the right to attend publicly designated meetings with proper notice of the meetings provided.

    2. You have the right and expectation to provide public comments at designated school board meetings.

    3. You have the right and expectation to question and review the curriculum taught in your child's school.

    4. You have the right and expectation that the academic curriculum taught in your child's school aligns with Indiana and federal law.

    5. You have the right and expectation to participate in the selection and adoption of academic standards for the State of Indiana.

    6. You have the right to run as a candidate for your local school board.

    7. You have the right and expectation to make medical care decisions on behalf of your child, including vaccinations and immunizations.

    8. You have the right and expectation to receive your child's student health records.

    9. You have the right to receive special education services on behalf of your child with a disability, regardless of enrollment in the public school system.

    10. You have a constitutional right to direct the upbringing and education of your child in the manner you see fit.

    11. You have the right to request a transfer for your public school-child to attend another public school that is either within or outside the boundaries of your public school district.

    12. You have the right to apply for school choice offerings through the Indiana Choice Scholarship Program, Indiana Educational Savings Account Program, or a Scholarship Granting Organization to reduce the cost of private education.

    13. You have the right to receive notice from your child's school if he or she is bullied.

    14. You have the right to determine which educational pathway your child pursues for high school graduation.

    15. You have the right to know what books are available to students in the school library and to request the removal of books that are obscene or include material harmful to minors.

    16. You have the right to be notified if your child requests to be addressed by a name or use the pronouns of the opposite sex.

    17. You have the right to defend your child's First Amendment rights to religious expression and free speech in a school environment. [2]

    		”

    Indiana Governor Mike Braun (R) signed Senate Bill (SB) 143 into law on April 22, 2025, which prohibits any governmental entity from substantially burdening certain parental rights.[33]

    “

    Article 42. Parental Rights and Responsibilities

    Chapter 1. Rights of Parents

    Sec. 1. This chapter applies to all statutes enacted by the general assembly unless a statute is exempted by reference to a specific statute within this chapter.

    Sec. 2. A governmental entity may not substantially burden a parent's fundamental right to direct the:

    (1) upbringing;
    (2) religious instruction;
    (3) education; or
    (4) health care;

    of the parent's child, unless the burden is in furtherance of a compelling governmental interest in the least restrictive means of furthering the governmental interest.

    Sec. 3. (a) A governmental entity may not:

    (1) advise, direct, or coerce a child to withhold information from the child's parent; or
    (2) deny a child's parent access to information that:
    (A) is in the control of the governmental entity;
    (B) is requested by the child's parent; and
    (C) relates to the child's health care or social, emotional, and behavioral well-being.

    (b) This section does not apply if:

    (1) the parent's access to the requested information is prohibited by state law or a court order; or
    (2) a law enforcement officer requests that the information not be released because the parent is subject to an investigation for:
    (A) child abuse or neglect; or
    (B) other unlawful conduct; related to the child.

    Sec. 4. (a) Notwithstanding IC 34-13-3-3(a)(8), a parent may bring suit against a governmental entity for a violation of this chapter.

    (b) A parent may raise this chapter as a defense in a judicial or administrative proceeding brought against the parent by a governmental entity or a private entity.

    (c) A governmental entity that is a party to a civil judicial or administrative proceeding under this chapter has the burden of proof to demonstrate by clear and convincing evidence that it did not violate section 2 or 3 of this chapter.

    Sec. 5. Relief against the governmental entity may include any of the following:

    (1) Declaratory relief.
    (2) Injunctive relief.
    (3) Compensatory damages.
    (4) Reasonable attorney's fees and costs.

    Sec. 6. This chapter does not do any of the following:

    (1) Authorize a parent to:
    (A) commit child abuse or neglect as defined in IC 31-9-2-14(c); or
    (B) sue a judicial officer unless the judicial officer acts in clear absence of jurisdiction.
    (2) Prohibit a court from issuing an order that is otherwise permitted by law.
    (3) Prevent a person from asserting a defense or claim of immunity available by statute or at common law, including judicial immunity.
    (4) Apply to an act or omission by a parent to end the life of a child.

    Sec. 7. If a child does not have an affirmative right of access to a specific medical treatment, service, or procedure, then this chapter may not be construed to grant the parent a right to access that medical treatment, service, or procedure on behalf of the parent's child.[2]

    		”


    How does Indiana compare to other states?

    This section compares Indiana school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[34]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Indiana removes cultural competency requirements for teacher certification, requires education department to create list of classroom behavioral management guidelines (2025): Indiana Governor Mike Braun (R) signed House Bill (HB) 1002 on May 6, 2025, amending several state laws regarding education, including many that removed constraints on school boards' authority over district policy. The amendments included removing cultural competency training requirements for teacher certification, requiring the Indiana Department of Education to establish guidelines for disciplinary best practices, and removing requirements for certain safety curricula. Read the full text of the bill here.[35]
    • Indiana lawmakers advance bill to require approval of sex education instruction materials (2024): The Indiana State Senate passed a bill on February 6, 2024, that proposed requiring school board approval for sex education instructional materials before they can be used in public schools. The bill proposed requiring school districts to make information about sex education courses publicly available such as “which grade levels will receive sex ed lessons and when, whether male and female students will be taught together, and whether the class is led by a male or female instructor,” according to Chalkbeat Indiana. The bill was referred to the Indiana House Committee on Education for consideration on February 12, 2024.[36][37]
    • Indiana State Board of Education proposes changes to graduation requirements (2023): The Indiana State Board of Education met on September 13, 2023, to discuss proposed changes to the state’s high school curriculum and graduation requirements. The board proposed developing a new education model instead of following the Carnegie unit, which measured coursework in credit hours and is used by schools throughout the United States. The board also proposed incorporating workforce training and skills development into state graduation requirements.[38][39]
    • Indiana lawmakers fail to pass bill restricting school library materials (2022): The Indiana State Senate on March 9, 2022, voted down a bill that proposed preventing students from accessing materials containing what the bill’s proponents deemed controversial topics in school libraries.[40] Republican lawmakers amended HB 1369, a criminal justice bill authored by State Rep. Bob Morris (R), to include provisions of defeated education bills, including the school libraries provision.[40] House members passed HB 1369 as amended by a 65-32 vote, consistent along party lines. The Senate defeated the bill by a vote of 21-29.[40]

    See also

    Footnotes

    1. ↑ Justia, "IN Code § 20-25-3-1 (2023)," accessed November 25, 2024
    2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Justia, "IN Code § 20-25-10-1 (2023)," accessed November 25, 2024
    4. ↑ Casetext, "Ind. Code § 20-26-5-4 - Specific powers," accessed February 27, 2025
    5. ↑ Justia, "IN Code § 20-30-5 (2023)," accessed November 25, 2024
    6. ↑ Justia, "IN Code § 20-30-5-4 (2023)," accessed November 25, 2024
    7. ↑ Justia, "IN Code § 20-30-5-5 (2023)," accessed November 25, 2024
    8. ↑ Justia, "IN Code § 20-30-5-6 (2023)," accessed November 25, 2024
    9. ↑ Justia, "IN Code § 20-30-5-13 (2023)," accessed November 25, 2024
    10. ↑ Justia, "IN Code § 20-26-12-24.5 (2023)," accessed November 25, 2024
    11. ↑ Justia, "IN Code § 20-30-17-2 (2023)," accessed November 25, 2024
    12. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    13. ↑ Justia, "IN Code § 20-26-5.5-1 (2023)," accessed November 25, 2024
    14. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    15. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    16. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    17. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    18. ↑ Justia, "IN Code § 20-30-5-17 (2023)," accessed November 25, 2024
    19. ↑ Justia, "IN Code § 20-33-7.5-2 (2023)," accessed November 25, 2024
    20. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    21. ↑ Justia, "IN Code § 20-33-8-12 (2023)," accessed November 25, 2024
    22. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    23. ↑ Justia, "IN Code § 20-25-7-1 (2023)," accessed November 25, 2024
    24. ↑ Justia, "IN Code § 20-26-11-5 (2023)," accessed November 25, 2024
    25. ↑ Justia, "IN Code § 20-24-2.2-1.2 (2023)," accessed November 25, 2024
    26. ↑ Justia, "IN Code § 20-24-1-2.5 (2023)," accessed November 25, 2024
    27. ↑ LegiScan, "Indiana Senate Bill 185," accessed November 25, 2024
    28. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    29. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    30. ↑ Justia, "IN Code § 20-29-6-4.5 (2023)," accessed November 25, 2024
    31. ↑ Justia, "IN Code § 20-29-6-4 (2023)," accessed November 25, 2024
    32. ↑ Attorney General State of Indiana, "Parents' Bill of Rights," August 2023
    33. ↑ Legiscan, "Indiana Senate Bill 143," accessed April 25, 2025
    34. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    35. ↑ BillTrack50, "IN HB 1002," accessed May 15, 2025
    36. ↑ Chalkbeat Indiana, "Indiana bill would make schools disclose details about sex ed classes," January 31, 2024
    37. ↑ Indiana General Assembly, "Actions for Senate Bill 128," accessed February 9, 2024
    38. ↑ WFYI Indianapolis, "Indiana continues work on high school curriculum, pushes workforce training," September 14, 2023
    39. ↑ Carnegie Foundation for the Advancement of Teaching, "What is the Carnegie Unit?" accessed September 15, 2023
    40. ↑ 40.0 40.1 40.2 AP News, "Indiana lawmakers abandon ban on ‘harmful’ library materials" March 9, 2022
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