January 28, 2011
SENATE BILL No. 575
_____
DIGEST OF SB 575
(Updated January 26, 2011 12:30 pm - DI 102)
Citations Affected: IC 20-28; IC 20-29; IC 20-40.
Synopsis: Teacher collective bargaining. Extends the use of temporary
teacher contracts to hiring for positions funded by grants. Provides that
the statutory procedures for refusing to continue or canceling a teacher
contract may not be modified by a collective bargaining agreement
(agreement). Allows a teacher who has been suspended from duty
pending the cancellation of a contract to be suspended without pay.
Limits the number of teachers the exclusive representative may appoint
to serve on statutory or locally created committees of a school
corporation. Provides that an agreement may not include provisions
that limit a school employer's ability to restructure schools that do not
meet federal or state accountability standards, or that limit a school
employer's ability to enter into programs that offer postsecondary credit
or dual credits to students. Provides that an agreement may not extend
beyond the end of a state budget biennium. Prohibits certain subjects
from being bargained collectively, and provides that prohibited
subjects and items that lead to deficit financing may not be included in
an agreement. Removes certain items from the list of discussion
subjects between a school employer and an exclusive representative.
Provides that collective bargaining begins not later than May 1, and
makes corresponding changes to related sections. Provides that a
school employer may end a status quo period. Provides that if a
complaint that is filed alleging an unfair practice concerning a subject
of discussion is found to be frivolous, the complaining party is liable
for costs and attorney's fees. Repeals provisions concerning minimum
salary and salary increments for teachers, the definition of "submission
date", and a provision allowing the statutory procedures for refusing to
continue or canceling a teacher contract to be modified by an
agreement, and makes conforming changes to related sections.
Effective: July 1, 2011.
Boots, Kenley, Charbonneau, Kruse
January 20, 2011, read first time and referred to Committee on Pensions and Labor.
January 27, 2011, reported favorably _ Do Pass.
January 28, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 575
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-28-6-2; (11)SB0575.1.1. -->
SECTION 1. IC 20-28-6-2, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 2. (a) A contract entered into by a teacher and a school
corporation must:
(1) be in writing;
(2) be signed by both parties; and
(3) contain the:
(A) beginning date of the school term as determined annually
by the school corporation;
(B) number of days in the school term as determined annually
by the school corporation;
(C) total salary to be paid to the teacher during the school year;
and
(D) number of salary payments to be made to the teacher
during the school year.
(b) The contract may provide for the annual determination of the
teacher's annual compensation by a local salary schedule, which is part
of the contract. The salary schedule may be changed by the school
corporation on or before May 1 of a year, with the changes effective the
next school year. A teacher affected by the changes shall be furnished
with printed copies of the changed schedule not later than thirty (30)
days after the schedule's adoption.
(c) A contract under this section is also governed by the following
statutes:
(1) IC 20-28-9-1 IC 20-28-9-5 through IC 20-28-9-6.
(2) IC 20-28-9-9 through IC 20-28-9-11.
(3) IC 20-28-9-13.
(4) IC 20-28-9-14.
(d) A governing body shall provide the blank contract forms,
carefully worded by the state superintendent, and have them signed.
The contracts are public records open to inspection by the residents of
each school corporation.
(e) An action may be brought on a contract that conforms with
subsections (a)(1), (a)(2), and (d).
SOURCE: IC 20-28-6-6; (11)SB0575.1.2. -->
SECTION 2. IC 20-28-6-6, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 6. (a) A temporary teacher's contract shall be used only for
employing:
(1) a teacher to serve in the absence of a teacher who has been
granted a leave of absence by the school corporation for:
(1) (A) engaging in defense service or in service auxiliary to
defense service;
(2) (B) professional study or advancement;
(3) (C) exchange teaching;
(4) (D) extended disability to which a licensed physician has
attested; or
(5) (E) serving in the general assembly;
or
(2) a new teacher for a position:
(A) that is funded by a grant for which funding is available
only for a specified period; or
(B) vacated by a teacher who is under a regular contract
and who temporarily accepts a teacher position that is
funded by a grant for which funding is available only for
a specified period.
(b) The temporary teacher's contract must contain:
(1) the provisions of the regular teacher's contract except those
providing for continued tenure of position;
(2) a blank space for the name of the teacher granted the leave,
which may not be used on another temporary teacher's contract
for the same leave of absence; and
(3) an expiration date that:
(A) is the date of the return of the teacher on leave; and
(B) is not later than the end of the school year.
(c) If a teacher is employed on the temporary teacher's contract for
at least sixty (60) days in a school year, the teacher may, on request,
receive the service credit that the teacher would otherwise receive with
regard to the Indiana state teachers' retirement fund. Additionally, the
salary of that teacher may not be less than the state minimum salary
under IC 20-28-9-1 and IC 20-28-9-2, or by a local salary schedule not
less remunerative than the state minimum salary under IC 20-28-9-1
and IC 20-28-9-2.
SOURCE: IC 20-28-7-4; (11)SB0575.1.3. -->
SECTION 3. IC 20-28-7-4, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 4. If a permanent or semipermanent teacher is suspended
under section 3(8) of this chapter, and except as provided in
IC 20-28-9-18, the governing body may, not, while the teacher is
suspended, withhold from the teacher any salary payments or other
employment related benefits that before the suspension the teacher was
entitled to receive.
SOURCE: IC 20-28-7-8; (11)SB0575.1.4. -->
SECTION 4. IC 20-28-7-8, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 8. A contract entered into by a nonpermanent teacher and
a school corporation continues in force on the same terms and for the
same wages unless increased under IC 20-28-9-1 and IC 20-28-9-2, for
the next school term following the date of termination set in the
contract. However, the contract does not continue if any of the
following occur:
(1) The school corporation refuses continuation of the contract
under sections 9 and 10(b) of this chapter.
(2) The teacher delivers or mails by registered or certified mail to
the school corporation the teacher's written resignation.
(3) The contract is replaced by another contract agreed to by the
parties.
SOURCE: IC 20-28-7-13; (11)SB0575.1.5. -->
SECTION 5. IC 20-28-7-13, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13.
(a) This chapter:
may not be construed to limit
the provisions of a collective bargaining agreement negotiated under
IC 20-29.
(b) This chapter does not prohibit a school employer and an
exclusive representative from collectively bargaining contracts that
alter the requirements of sections 1 through 6 and sections 8 through
12 of this chapter and IC 20-28-9-21 through IC 20-28-9-23.
(c) This chapter may not be construed to limit the rights of a school
employer and an exclusive representative (as defined in IC 20-29-2-9)
to mutually agree to binding arbitration concerning teacher dismissals.
(d) If the school employer and the exclusive representative mutually
agree to binding arbitration of teacher dismissals:
(1) the arbitrator shall determine whether the hearing will be open
to the public; and
(2) the written decision of the arbitrator must be:
(A) presented to the governing body in an open meeting; and
(B) made available to the public for inspection and copying.
(1) constitutes the uniform system for school corporations for:
(A) the refusal to continue a contract for a nonpermanent
teacher; and
(B) the cancellation of a contract for a semipermanent or
permanent teacher; and
(2) prohibits a provision in an agreement entered into under
IC 20-29 after June 30, 2011, that modifies the procedure or
standards for contract cancellation established under this
chapter.
SOURCE: IC 20-28-9-22; (11)SB0575.1.6. -->
SECTION 6. IC 20-28-9-22, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 22. In addition to a suspension without pay
under IC 20-28-7-4, a teacher may be suspended without pay only
under the following procedure:
(1) The teacher must be notified in writing not more than forty
(40) days and not less than thirty (30) days before the date of the
consideration of the date, time, and place for the consideration by
the school corporation of the suspension of the teacher without
pay.
(2) The teacher shall be furnished, not later than five (5) days
after a written request, a written statement of the reasons for the
consideration.
(3) The teacher may file a written request for a hearing not later
than fifteen (15) days after receipt of the notice of this
consideration.
(4) If a request for a hearing is filed, the teacher must be given a
hearing before the governing body on a day not earlier than five
(5) days after filing the request.
(5) The teacher must be given at least five (5) days notice of the
date, time, and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposed
suspension without pay; and
(B) to be heard and to present the testimony of witnesses and
other evidence bearing on the reasons for the proposed
suspension without pay.
(7) A teacher may not be suspended without pay until:
(A) the date is set for consideration of the suspension without
pay;
(B) after a hearing is held, if a hearing is requested by the
teacher; and
(C) except on the suspension of a superintendent's contract, the
superintendent has given recommendations on the suspension
not later than five (5) days after the school corporation makes
the request for recommendations.
(8) After complying with this section, the governing body of the
school corporation may suspend a teacher without pay for a
reasonable time by a majority vote evidenced by a signed
statement in the minutes of the board.
The vote to suspend a teacher without pay described in subdivision (8)
must be taken by the governing body on the date and at the time and
place specified in subdivision (1).
SOURCE: IC 20-29-5-7; (11)SB0575.1.7. -->
SECTION 7. IC 20-29-5-7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 7. (a) This section does not apply to the bargaining
team for the exclusive representative.
(b) The percentage of teacher positions the exclusive
representative may appoint to serve on a statutory or locally
created committee may not exceed the percentage of teachers in the
school corporation who are members of the exclusive
representative. If multiplying the number of teacher positions on
the committee by the percentage of teachers in the school
corporation who are members of the exclusive representative does
not produce a whole number, the product must be rounded up to
the nearest whole number. The percentage of positions applies to
the number of teacher positions on a committee and not to the total
number of positions on a committee.
(c) A committee to which this section applies:
(1) may not address subjects of bargaining; and
(2) may address subjects of discussion;
under this article. A school employer's appointment of a teacher to
a committee is not a violation of the school employer's or the
exclusive representative's duty to discuss under this article, and is
not an unfair practice.
SOURCE: IC 20-29-6-2; (11)SB0575.1.8. -->
SECTION 8. IC 20-29-6-2, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 2. (a) A contract entered into under this chapter may not
include provisions that conflict with:
(1) any right or benefit established by federal or state law;
(2) school employee rights set forth in IC 20-29-4-1 and
IC 20-29-4-2; or
(3) school employer rights set forth in IC 20-29-4-3;
(4) 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;
(5) a school employer's ability 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; or
(6) section 4.5(a) of this chapter.
(b) A contract entered into under this chapter after June 30,
2011, may not extend past the end of a state budget biennium.
(c) A subject that is set forth in section 4.5(a) of this chapter
may not be included in a contract entered into under this chapter
after June 30, 2011.
SOURCE: IC 20-29-6-3; (11)SB0575.1.9. -->
SECTION 9. IC 20-29-6-3, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 3. (a) It is unlawful for a school employer to enter into any
agreement that would place the employer in a position of deficit
financing, including but not limited to a reduction in the employer's
revenue or the expenditures of the employer exceeding the
employer's general fund revenue.
(b) A contract that provides for deficit financing is void to that
extent, and an individual teacher's contract executed under the contract
is void to that extent.
SOURCE: IC 20-29-6-4.5; (11)SB0575.1.10. -->
SECTION 10. IC 20-29-6-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.5. (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, other than on the total number of
days a teacher must work during a regular school year.
(2) Teacher evaluation procedures and criteria.
(3) Teacher dismissal procedures and criteria.
(4) 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.
(5) 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.
(b) A subject set forth in subsection (a) that may not be
bargained collectively may not be included in an agreement
entered into under this article.
SOURCE: IC 20-29-6-7; (11)SB0575.1.11. -->
SECTION 11. IC 20-29-6-7, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. (a) A school employer shall discuss with the
exclusive representative of certificated employees the following items:
listed in subsection (b).
(b) A school employer may but is not required to bargain
collectively, negotiate, or enter into a written contract concerning, be
subject to, or enter into impasse procedures on the following matters:
(1) Working conditions, other than those provided in section 4 of
this chapter.
(2) (1) Curriculum development and revision.
(3) (2) Textbook selection.
(4) (3) Teaching methods.
(5) (4) Hiring, evaluation, promotion, demotion, transfer,
assignment, and retention of certificated employees. and changes
to any of the requirements set forth in IC 20-28-6 through
IC 20-28-8.
(6) (5) Student discipline.
(7) (6) Expulsion or supervision of students.
(8) (7) Pupil/teacher ratio.
(9) (8) Class size or budget appropriations.
(c) (b) For an agreement entered into before July 1, 2011, items
included in the 1972-1973 agreements between an employer school
corporation and the school employee organization continue to be
bargainable.
SOURCE: IC 20-29-6-12; (11)SB0575.1.12. -->
SECTION 12. IC 20-29-6-12, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. Collective bargaining between a school
corporation and the exclusive representative shall begin not later than
one hundred eighty (180) days before the submission date of a budget
by a school employer. May 1 of the last year of the state budget
biennium or, if the collective bargaining agreement expires before
the end of the state budget biennium, by May 1 of the year
preceding the last year of the state budget biennium.
SOURCE: IC 20-29-6-13; (11)SB0575.1.13. -->
SECTION 13. IC 20-29-6-13, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. At any time after the one hundred eighty (180)
days described in section 12 of this chapter has begun, May 1, the
board shall appoint a mediator if either party declares an impasse
either:
(1) in the scope of the items that are to be bargained collectively;
or
(2) on the substance of any item to be bargained collectively.
If after five (5) days the mediator is unsuccessful in finding a solution
to the problems or in causing the parties to reach agreement, either
party may request the board to initiate factfinding on the items that the
parties are obligated to bargain collectively.
SOURCE: IC 20-29-6-16; (11)SB0575.1.14. -->
SECTION 14. IC 20-29-6-16, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 16. (a) If an agreement has not been reached on
the items to be bargained collectively fourteen (14) days before the
submission date of a budget by a school employer, the parties shall at
the expiration of the then current agreement, the school employer
may:
(1) continue the status quo; and the school employer may
(2) issue tentative individual contracts and prepare its budget on
that basis.
During this status quo period, in order to allow the successful
resolution of the dispute, the school employer may not unilaterally
change the terms or conditions of employment that are issues in
dispute, except as provided in subsection (b). A salary increase
resulting from a teacher's eligibility for an increment, either from
a training salary column or an experience salary step, is not a part
of the school employer's status quo obligation and may not be paid
to a teacher during the status quo period.
(b) A school employer may change the status quo by submitting
a thirty (30) day written notice to the school employee organization
and the board, stating that:
(1) the school employer intends to change the status quo and
the nature of the change; and
(2) the change in the status quo was previously submitted as
a bargaining proposal to the school employee organization.
(b) (c) This section may not be construed as relieving the school
employer or the school employee organization from the duty to bargain
collectively until a mutual agreement has been reached and a contract
entered as called for in this chapter.
SOURCE: IC 20-29-6-17; (11)SB0575.1.15. -->
SECTION 15. IC 20-29-6-17, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17. At any time after the one hundred eighty (180)
days described in section 12 of this chapter has begun: May 1:
(1) either party may request mediation or factfinding on items; or
(2) the parties may act together to request mediation or
factfinding on any items;
that must be bargained collectively under section 4 of this chapter.
SOURCE: IC 20-29-7-1; (11)SB0575.1.16. -->
SECTION 16. IC 20-29-7-1, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) It is an unfair practice for a school employer
to do any of the following:
(1) Interfere with, restrain, or coerce school employees in the
exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or
administration of any school employee organization or contribute
financial or other support to the organization. Subject to rules
adopted by the governing body, a school employer may permit
school employees to confer with the school employer or with any
school employee organization during working hours without loss
of time or pay.
(3) Encourage or discourage membership in any school employee
organization through discrimination in regard to:
(A) hiring;
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school
employee because the employee has filed a complaint, affidavit,
petition, or any information or testimony under this article.
(5) Refuse to:
(A) bargain collectively; or
(B) discuss;
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
(b) If:
(1) a complaint is filed that alleges an unfair practice has
occurred with respect to a subject that may be discussed
under this article; and
(2) the complaint is found to be frivolous;
the party that filed that complaint is liable for costs and attorney's
fees.
SOURCE: IC 20-40-16-2; (11)SB0575.1.17. -->
SECTION 17. IC 20-40-16-2, AS ADDED BY P.L.109-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. As used in this chapter, "wage and salary
increase" means an increase in wages or salaries payable for the same
or a similar position after subtracting, for all employees, any of the
following received by the individual:
(1) An increase in wages or salary of an employee from an
increment under IC 20-28-9-2 bargained for under a written
contract signed before March 1, 2010, that has not expired.
(2) An increase in wages or salary of an employee from an
increment under IC 20-28-9-2 that does not exceed the increment
permitted under an increment schedule in effect during the
previous year under a written contract in effect for the previous
year or under the status quo provisions in IC 20-29-9-16.
However, the increment may not exceed two percent (2%) of the
wages and salary of the employee in the previous year.
(3) (1) An increase in wages or salary that is paid to an employee
as a result of the employee completing licensing requirements.
(4) (2) Health care benefit cost increases for the same or an
equivalent plan that are shared by the employee and the employer
in the same proportion as health care benefit costs are shared in
the previous year.
SOURCE: IC 20-40-16-3; (11)SB0575.1.18. -->
SECTION 18. IC 20-40-16-3, AS ADDED BY P.L.109-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. No funds transferred under this chapter may be
used to increase an increment schedule from an existing increment
agreement or to increase fringe benefits except those under section 2(4)
2(2) of this chapter.
SOURCE: IC 20-28-9-1; IC 20-28-9-2; IC 20-28-9-3; IC 20-28-9-4;
IC 20-29-2-17; IC 20-29-6-11; IC 20-29-6-14; IC 20-29-6-15.
; (11)SB0575.1.19. -->
SECTION 19. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 20-28-9-1; IC 20-28-9-2; IC 20-28-9-3;
IC 20-28-9-4; IC 20-29-2-17; IC 20-29-6-11; IC 20-29-6-14;
IC 20-29-6-15.