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Indiana Code

Ind. Code § 20-28-8-7 (2026)

Superintendent's contract; termination

✓ current as of May 2026
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     Sec. 7. A superintendent's contract terminates on the following dates and under the following conditions only:

(1) On any date, if the governing body and the superintendent mutually consent.

(2) Before the expiration date set forth in the contract, if the governing body terminates the contract:

(A) for cause under a statute that sets forth causes for dismissal of teachers, if the superintendent is licensed under IC 20-28-5; or

(B) for:

(i) immorality;

(ii) misconduct in office;

(iii) incompetency; or

(iv) willful neglect of duty;

if the superintendent is not licensed under IC 20-28-5.

However, the governing body must give the superintendent proper notice and, if the superintendent requests a hearing at least ten (10) days before the termination, must grant the superintendent a hearing at an official meeting of the governing body.

(3) On the expiration date set forth in the contract, if the governing body not later than January 1 of the year in which the contract expires gives notice to the superintendent in writing, delivered in person or by registered mail.

(4) On the expiration date set forth in the contract, if the superintendent not later than January 1 of the year in which the contract expires gives proper notice in writing to the governing body.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-19.]

As added by P.L.1-2005, SEC.12. Amended by P.L.167-2013, SEC.7.

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2025 · leading case: Reedus v. Indiana Dep't of Workforce Dev., 900 N.E.2d 481 (Ind. Ct. App. 2009).
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Reedus v. Indiana Dep't of Workforce Dev., 900 N.E.2d 481 (Ind. Ct. App. 2009). · cites it 4× “Code § 10-14-3-26(b) (prohibiting political affiliation as a cause for dismissal of emergency management employees) and Ind.Code § 20-28-8-7 (concerning termination of school superintendents).”
Indiana Fam. & Soc. Servs. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. 2009). · cites it 4× “Code § 10-14-3-26(b) (prohibiting political affiliation as a cause for dismissal of emergency management employees) and Ind.Code § 20-28-8-7 (concerning termination of school superintendents).”
Abrego (N.D. Ind. 2025). · cites it 13× “§ 1983 , denial of due process pursuant to Indiana Code § 20-28-8-7, and breach of contract.”
Jeffrey Hewitt v. Westfield Washington Sch. Corp Bd. of Sch. Trusties of Westfield Washington Sch. Corp., 24 N.E.3d 459 (Ind. Ct. App. 2014). · cites it 2× “Although the chapter provides for immediate cancellation of superintendent contracts for cause, I.C. § 20-28-8-7, it does not enumerate reasons or a procedure for immediate cancellation of a principal’s contract (unless the parties mutually agree).”
Ind. Code § 20-28-8-7(2): 1 case
Abrego (N.D. Ind. 2025). “§ 1983 , denial of due process pursuant to Indiana Code § 20-28-8-7, and breach of contract.”
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