Bylaw - 0100 Definitions

Last Revised on February 27, 2012

As used in the School Board’s bylaws and policies and the Superintendent’s administrative guidelines, the following terms shall have the meaning set forth below:

Administrative Guideline - A statement, based on policy, usually written, which outlines and/or describes the means by which a policy should be implemented and which provides for the management cycle of planning, action, and assessment or evaluation.

Board - The Board of School Trustees.

Bylaw - A rule of the Board for its own governance adopted by a Board vote at a meeting.

Certificated Employee - An employee of the Board in a position that requires a license or permit from the Division of Professional Standards of the Indiana Department of Education.  See Indiana Code 20-29-2-4.  The term includes teachers, and all administrators in positions requiring a license or permit from the Division of Professional Standards of the Indiana Department of Education.

Classified Employee - A non-certificated employee as defined in these definitions.  Synonymous with "support" and "non-professional."

Corporation - The Carmel Clay Schools.

Due Process - Procedural due process requires prior knowledge (a posted discipline code), notice of offense (accusation), and the opportunity to respond. Procedural due process may require right to counsel and/or confrontation or cross examination of witnesses, depending upon the situation.

Full Board - All members of the Board.

May - A statement providing that an action is permitted but not required.

Meeting - A gathering of the majority of the members of the Board for the purpose of taking "official action" on "public business" of the School Corporation.  See Indiana Code 5 14 1.5-2(c) and (d).

Non-Certificated Employee - An employee of the Board employed in a position that does not require a permit or license issued by the Division of Professional Standards of the Indiana Department of Education.  See Indiana Code 20-29-2-11.  Synonymous with "classified employee" and "support employee".

Official Action - Board action to receive information, deliberate, make recommendations, establish policy, make decisions, or take final action.  See Indiana Code 5-14-1.5-2(d).

Parent - The natural or adoptive parents or the party designated by the courts as the legal guardian or custodian of a student. Both parents will be considered to have equal rights unless a court of law decrees otherwise.

Policy - A general, written statement approved by the Board which defines its expectations or position on a particular matter and authorizes appropriate action that must or may be taken to establish and/or maintain those expectations.

President - The chief executive officer of the Board of School Trustees.

Principal - A professional employee who is assigned to be the educational leader and head administrator of one or more Corporation schools. The use of the term includes a delegate unless the law, policy or guideline specifically prohibits delegation.  “Vice Principal” or “Assistant Principal” means an administrator assisting a Principal with the performance of all or a portion of the duties assigned to the Principal.

Professional Employee Staff Member - An employee of the Board in a position that requires a license or permit from the Division of Professional Standards of the Indiana Department of Education.  See Indiana Code 20-29-2-4.  The term includes teachers, and all administrators in positions requiring a license or permit from the Department of Professional Standards of the Indiana Department of Education.

Public Business - The performance by the Board of a function upon which it is specifically authorized to take official action, or not statutorily prohibited from performing.  See Indiana Code 5-14-1.5-2(e), Indiana Code 20-26-3, and Indiana Code 20-26-5-4.

Relative - The mother, father, sister, brother, spouse, child, parent of spouse, grandparents, grandchild, or dependent residing in the immediate household of a person.

Secretary - An officer of the Board of School Trustees responsible for overseeing and approving the minutes of Board meetings and ensuring that records of the Board are maintained.

Shall - Expressing non-discretionary required action or action, synonymous with “will” or “must”.

Student - A person who is officially enrolled in a school or program of the Board.

Superintendent - The chief executive officer of the School Corporation.  The use of the term includes a delegate unless the law, policy or guideline specifically prohibit delegation.

Support Employee - A non-certificated employee as the term is used in Indiana Code 20 28-2-11, and as defined in these definitions.

Vice-President - The Vice-President of the Board of School Trustees.

Voting - An action by which a member of the Board indicates approval or rejection of a motion by a Board member that has been seconded by another Board member at a meeting convened in compliance with all applicable laws including the Indiana Open Door Law (Indiana Code 5-14-1.5).  Also see Bylaw 0167.1.

Using Citations to Indiana and Federal Statutes, Rules and Cases

Citations to Indiana Law, Rules and Court Decisions

Citations to the Indiana Code are shown as I.C. or Ind. Code.  The numbers which follow I.C. or Ind. Code separated by a hyphen state the title, article, chapter, section, and subsection of an Indiana statute.  So Ind. Code 5-14-1.5-6.1(a) is found at title 5, article 14, chapter 1.5, section 6.1, subsection (a).

Citations to the Indiana Administrative Code (“IAC”) are prefaced by a title and followed by an article and section number.  So 511 I.A.C. 6-5-1 identifies title 511, article 6, section 5, sub-section 1.

Citations to Indiana cases begin with a citation to a volume and page in West Publishing Company’s Northeast Reporter Series Second Edition.  So a citation to 545 N.E.2d 341 (Ind. 1997) is a cite to volume 545, page 341 of the Northeast Reporter.  The “(Ind. 1997)” tells the reader the case cited is an Indiana Supreme Court decision issued in 1997.

Citations to Federal Laws, Rules and Court Decisions

Citations to the United States Code are preceded by a title number and followed by a section number.  So 20 USC 1232g for USCA (for United States Code Annotated) refers to title 20 of the United States Code section 1232g.

Citations to the Code of Federal Regulations are identified by a citation similar to the Indiana Administrative Code.  The citation to the volume precedes CFR, and the section number follows.

Federal cases are cited in much the same way as Indiana cases.  Trail court decisions are not reported.  The first time the decision is made widely available is when an appellate court issues an opinion.  A volume number precedes the name of the volume, and a page number in that volume follows the volume number.  So a cite to 406 F.3d 500 (7th Cir. 2005) directs the reader to volume 406 of the Federal Reporter Third Series, page 500.  The (7th Cir. 2005) tells the reader that the case was issued by the Seventh Circuit Court of Appeals in 2005.