Indiana § 20-23-18-3 - Muncie Community School Corporation; subject to all applicable federal and state laws; conflicts; applicable IC 20 provisions; state board of accounts audits; exception to collective bargaining

§ 20-23-18-3. Muncie Community School Corporation; subject to all applicable federal and state laws; conflicts; applicable IC 20 provisions; state board of accounts audits; exception to collective bargaining

Sec. 3. (a) Except as provided in subsection (c), the Muncie Community school corporation is subject to all applicable federal and state laws.

(b) If a provision of this chapter conflicts with any other law, including IC 20-23-4, the provision in this chapter controls.

(c) Notwithstanding subsection (a), to provide all administrative and academic flexibility to implement innovative strategies, the Muncie Community school corporation is subject only to the following IC 20 and IC 22 provisions:

(1) IC 20-26-5-10 (criminal history).

(2) IC 20-26-12-1 (curricular material purchase and provision; public school students).

(3) IC 20-26-12-2 (curricular material purchase and rental).

(4) IC 20-26-21 (personal analyses, evaluations, or surveys by third party vendors).

(5) IC 20-28-5-8 (conviction of certain felonies or misdemeanors; notice and hearing; permanent revocation of license; data base of school employees who have been reported).

(6) IC 20-28-10-17 (school counselor immunity).

(7) IC 20-29 (collective bargaining) to the extent required by subsection (e).

(8) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances).

(9) The following:

(A) IC 20-30-5-0.5 (display of the United States flag; Pledge of Allegiance).

(B) IC 20-30-5-1, IC 20-30-5-2, and IC 20-30-5-3 (the constitutions of Indiana and the United States; writings, documents, and records of American history or heritage).

(C) IC 20-30-5-4 (system of government; American history).

(D) IC 20-30-5-5 (morals instruction).

(E) IC 20-30-5-6 (good citizenship instruction).

(10) IC 20-32-4, concerning graduation requirements.

(11) IC 20-32-5.1, concerning the Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program.

(12) IC 20-32-8.5 (IRead3).

(13) IC 20-33-2 (compulsory school attendance).

(14) IC 20-33-8-16 (firearms, deadly weapons, or destructive devices).

(15) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial review).

(16) IC 20-33-7 (parental access to education records).

(17) IC 20-33-9 (reporting of student violations of law).

(18) IC 20-34-3 (health and safety measures).

(19) IC 20-35 (concerning special education).

(20) IC 20-39 (accounting and financial reporting procedures).

(21) IC 20-40 (government funds and accounts).

(22) IC 20-41 (extracurricular funds and accounts).

(23) IC 20-42 (fiduciary funds and accounts).

(24) IC 20-42.5 (allocation of expenditures to student instruction and learning).

(25) IC 20-43 (state tuition support).

(26) IC 20-44 (property tax levies).

(27) IC 20-46 (levies other than general fund levies).

(28) IC 20-47 (related entities; holding companies; lease agreements).

(29) IC 20-48 (borrowing and bonds).

(30) IC 20-49 (state management of common school funds; state advances and loans).

(31) IC 20-50 (concerning homeless children and foster care children).

(32) IC 22-2-18, before its expiration on June 30, 2021 (limitation on employment of minors).

(d) The Muncie Community school corporation is subject to required audits by the state board of accounts under IC 5-11-1-9.

(e) Except to the extent required under a collective bargaining agreement entered into before July 1, 2018, the Muncie Community school corporation is not subject to IC 20-29 unless the school corporation voluntarily recognizes an exclusive representative under IC 20-29-5-2. If the school corporation voluntarily recognizes an exclusive representative under IC 20-29-5-2, the school corporation may authorize a school within the corporation to opt out of bargaining allowable subjects or discussing discussion items by specifying the excluded items on the notice required under IC 20-29-5-2(b). The notice must be provided to the education employment relations board at the time the notice is posted.

As added by P.L.213-2018(ss), SEC.22. Amended by P.L.147-2020, SEC.4; P.L.125-2022, SEC.1; P.L.201-2023, SEC.152; P.L.234-2023, SEC.1; P.L.9-2024, SEC.386.