Bill Text: IN HB1337 | 2011 | Regular Session | Introduced
Bill Title: Teacher contracts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-13 - First reading: referred to Committee on Education [HB1337 Detail]
Download: Indiana-2011-HB1337-Introduced.html
Citations Affected: IC 20-18-2-16; IC 20-19-2-8; IC 20-24; IC 20-28;
IC 20-29; IC 20-31-4-6; IC 20-35-5.
Synopsis: Teacher contracts. Extends the use of temporary teacher
contracts to hiring for positions funded by grants. Establishes a process
for contract cancellation for teachers. Provides that a collective
bargaining agreement (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 provisions concerning discussion subjects.
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 is found to be
frivolous, the complaining party is liable for costs and attorney's fees.
Repeals provisions concerning contract cancellation for teachers, the
Indiana education employment relations board, certain definitions, a
provision allowing the statutory procedures for refusing to continue or
canceling a teacher contract to be modified by an agreement, staff
performance evaluation, and subjects of discussion, and makes
conforming changes to related sections.
Effective: Upon passage; July 1, 2011.
January 13, 2011, read first time and referred to Committee on Education.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) school city;
(2) school town;
(3) school township;
(4) consolidated school corporation;
(5) metropolitan school district;
(6) township school corporation;
(7) county school corporation;
(8) united school corporation; or
(9) community school corporation.
(b) "School corporation", for purposes of IC 20-26-1 through IC 20-26-5 and IC 20-26-7, has the meaning set forth in IC 20-26-2-4.
(c) "School corporation", for purposes of IC 20-20-33 and IC 20-30-8, includes a charter school (as defined in IC 20-24-1-4).
(d) "School corporation", for purposes of IC 20-43, has the meaning set forth in IC 20-43-1-23.
(e) "School corporation", for purposes of IC 20-28-11.5, has the meaning set forth in IC 20-28-11.5.-3.
(1) The designation and employment of the employees and consultants necessary for the department. The state board shall fix the compensation of employees of the department, subject to the approval of the budget committee and the governor under IC 4-12-2.
(2) The establishment and maintenance of standards and guidelines for media centers, libraries, instructional materials centers, or any other area or system of areas in a school where a full range of information sources, associated equipment, and services from professional media staff are accessible to the school community. With regard to library automation systems, the state board may only adopt rules that meet the standards established by the state library board for library automation systems under IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student personnel and guidance services.
(4) The establishment and maintenance of minimum standards for driver education programs (including classroom instruction and practice driving) and equipment. Classroom instruction standards established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor program;
and must provide, effective July 1, 2010, that the classroom instruction may not be provided to a child less than fifteen (15) years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine the condition of the schools. The state board shall establish standards governing the accreditation of public schools. Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-11.5; and
is a prerequisite to the accreditation of a school. Local public school officials shall make the reports required of them and otherwise cooperate with the state board regarding required inspections. Nonpublic schools may also request the inspection for classification purposes. Compliance with the building and site guidelines adopted by the state board is not a prerequisite of accreditation.
(6) Subject to section 9 of this chapter, the adoption and approval of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for the support of schools in the state.
(8) The state board may not establish an accreditation system for nonpublic schools that is less stringent than the accreditation system for public schools.
(9) A separate system for recognizing nonpublic schools under IC 20-19-2-10. Recognition of nonpublic schools under this subdivision constitutes the system of regulatory standards that apply to nonpublic schools that seek to qualify for the system of recognition.
(10) The establishment and enforcement of standards and guidelines concerning the safety of students participating in cheerleading activities.
(11) Subject to IC 20-28-2, the preparation and licensing of teachers.
(b) Before final adoption of any rule, the state board shall make a finding on the estimated fiscal impact that the rule will have on school corporations.
(1) must grant a transfer of not more than two (2) years; and
(2) may grant a transfer for a period in addition to the period required in subdivision (1);
to a teacher of a noncharter school in the school corporation who wishes to teach and has been accepted to teach at a nonconversion
charter school.
(b) During the term of the transfer under subsection (a):
(1) the teacher's seniority status under law continues as if the
teacher were an employee of a noncharter school in the school
corporation; and
(2) the teacher's years as a charter school employee shall not be
considered for purposes of permanent or semipermanent status
with the school corporation under IC 20-28-6 IC 20-28-7, or
IC 20-28-8.
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state agencies).
(6) IC 20-28-7-14 (void teacher contract when two (2) contracts are signed).
(7) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(8) IC 20-28-10-14 (teacher freedom of association).
(9) IC 20-28-10-17 (school counselor immunity).
(10) For conversion charter schools only, IC 20-28-6
(11) IC 20-33-2 (compulsory school attendance).
(12) IC 20-33-3 (limitations on employment of children).
(13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial review).
(14) IC 20-33-8-16 (firearms and deadly weapons).
(15) IC 20-34-3 (health and safety measures).
(16) IC 20-33-9 (reporting of student violations of law).
(17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances).
(18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, IC 20-32-8, or any other statute, rule, or guideline related to standardized testing (assessment programs, including remediation under the assessment programs).
(19) IC 20-33-7 (parental access to education records).
(20) IC 20-31 (accountability for school performance and improvement).
(21) IC 20-30-5-19 (personal financial responsibility instruction).
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed employee.
(3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
(3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
(4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC
35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC
35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(d) A license may be suspended by the state superintendent. as
specified in IC 20-28-7-7.
(e) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
(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
(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).
(1) one hundred eighty (180) full days for student instruction; and
(2) five (5) additional days for purposes determined by the superintendent or principal.
(1) a teacher to serve in the absence of a teacher who has been granted a leave of absence by the school corporation for:
(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.
(1) holds a substitute teacher's license; and
(2) provides instruction in a joint summer school program under IC 20-30-7-5.
(b) The supplemental service teacher's contract shall be used when a teacher provides professional service in evening school or summer school employment, except when a teacher or other individual is employed to supervise or conduct noncredit courses or activities.
(c) If a teacher serves more than one hundred twenty (120) days on a supplemental service teacher's contract in a school year, the following apply:
(1) Sections 1, 2, 3, and 8 of this chapter.
(2) IC 20-28-10-1 through IC 20-28-10-2.
(d) The salary of a teacher on a supplemental service contract must equal the salary of a teacher on the regular salary schedule of the school corporation where the teacher will serve. Part-time service on the supplemental service contract is computed on the basis of six (6) hours as a full day of service.
considered a probationary teacher.
(b) After June 30, 2011, an individual:
(1) to whom section 8 of this chapter does not apply; and
(2) who receives ratings of either effective or highly effective,
or a combination of both, in evaluations under IC 20-28-11.5
for at least three (3) years in a five (5) year or shorter period;
becomes a professional teacher by entering into a contract
described in section 2 of this chapter.
(c) A professional teacher who receives a rating of ineffective
under IC 20-28-11.5 is considered a probationary teacher but is not
subject to the cancellation of the teacher's contract unless at least
one (1) of the following criteria applies:
(1) The teacher receives a rating of ineffective in the year next
following the teacher's initial rating of ineffective.
(2) The teacher's contract cancellation is due to a justifiable
decrease in the number of teaching positions under
IC 20-28-7.5-1(a)(2).
(3) The teacher's contract cancellation is due to conduct set
forth in IC 20-28-7.5-1(b).
(1) serves under contract as a teacher in a public school corporation
(2) at any time before July 1, 2012, enters into a teacher's contract for further service with
becomes, by entering into the contract described in subdivision (2),
(b) An indefinite contract remains in force until the indefinite contract is:
(1) replaced by a new contract signed by both parties; or
(2) canceled as provided in IC 20-28-7.
(1) serves under contract as a teacher in a public school corporation for two (2) successive years;
(2) at any time after serving two (2) successive years in the public school corporation enters into a teacher's contract for further service with the school corporation; and
(3) is not
is a semipermanent teacher of the school corporation. When a contract between the school corporation and a semipermanent teacher expires by the contract's terms, the contract continues indefinitely as an indefinite contract for a semipermanent teacher.
(b) An indefinite contract for a semipermanent teacher remains in force until:
(1) the contract is replaced by a new contract signed by both parties;
(2) the contract is canceled as provided in
(3) the teacher becomes
Chapter 7.5. Cancellation of Teacher Contracts
Sec. 1. (a) A principal may decline to continue a teacher's contract under sections 2 through 4 of this chapter in any of the following circumstances:
(1) For a probationary teacher:
(A) for any reason relevant to the school corporation's interest; or
(B) because of the teacher's inability to perform the teacher's duties.
(2) For professional teachers, a principal may not decline to continue the teacher's contract unless the teacher is subject to a justifiable decrease in the number of teaching positions. After June 30, 2012, the cancellation of teachers' contracts due to a justifiable decrease in the number of teaching positions shall be determined on the basis of performance and not solely on the basis of seniority.
(b) A contract with a teacher may be cancelled immediately in the manner set forth in sections 2 through 4 of this chapter for any of the following reasons:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey state education laws or reasonable rules adopted for the
government of a school building or school corporation.
(3) Misconduct in office.
(4) Incompetence.
(5) Willful neglect of duty.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good or just cause.
Sec. 2. (a) Before a teacher is refused continuation of the
teacher's contract, the teacher has the following rights, which shall
be strictly construed:
(1) The principal shall notify the teacher of the principal's
preliminary decision. The notification must be:
(A) in writing; and
(B) delivered in person or mailed by registered or certified
mail to the teacher at the teacher's last known address.
(2) The notice in subdivision (1) must include a written
statement, subject to IC 5-14-3-4, giving the reasons for the
preliminary decision.
(b) For a cancellation of a teacher's contract for a reason other
than a reduction in force, the notice required under subsection
(a)(1) must inform the teacher that, not later than five (5) days
after the teacher's receipt of the notice, the teacher may request a
private conference with the superintendent. The superintendent
must set the requested meeting not later than ten (10) days after
the request.
(c) At the conference between the superintendent and the
teacher, the teacher may be accompanied by a representative.
(d) After the conference between the superintendent and the
teacher, the superintendent shall make a written recommendation
to the governing body of the school corporation regarding the
cancellation of the teacher's contract.
(e) If the teacher does not request a conference under subsection
(b), the principal's preliminary decision is considered final.
(f) If the teacher files a request with the governing body for an
additional private conference not later than five (5) days after the
initial private conference with the superintendent, the teacher is
entitled to an additional private conference with the governing
body before the governing body makes a final decision, which must
be in writing, concerning the cancellation of the teacher's contract.
Sec. 3. At the first public meeting following a private conference
with:
(1) the governing body under section 2(f) of this chapter; or
(2) the superintendent under section 2(b), if no conference
with the governing body is requested;
the governing body may cancel a contract with a teacher by a
majority vote evidenced by a signed statement in the minutes of the
board. The decision of the governing body is final.
Sec. 4. (a) Pending a final decision on the cancellation of a
teacher's contract, the teacher may be suspended from duty.
(b) If a teacher is suspended under this section, the governing
body may withhold from the teacher any salary payments or other
employment related benefits that the teacher was entitled to
receive before the suspension.
(c) If the governing body returns a teacher to duty, the
governing body shall immediately compensate the teacher for the
full amount of the salary and other employment related benefits
withheld during the period of suspension.
Sec. 5. The time periods set out in section 2 of this chapter shall
be extended for a reasonable period:
(1) when a teacher or school official is ill or absent from the
school corporation; or
(2) for other reasonable cause.
Sec. 6. A contract entered into by a teacher and a school
employer continues in force on the same terms and for the same
wages, unless increased under IC 20-28-9-1, for the next school
term following the date of the contract's termination unless one (1)
of the following occurs:
(1) The school corporation refuses continuation of the
contract under this chapter.
(2) The teacher delivers in person or 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.
Sec. 7. (a) This chapter shall be construed to limit the provisions
of a collective bargaining agreement negotiated under IC 20-29.
(b) This chapter prohibits a school employer and a union
representative (as defined in IC 20-29-2-20) from collectively
bargaining contracts that alter the requirements of this chapter
and IC 20-28-9-21 through IC 20-28-9-23.
(c) This chapter shall be construed to prohibit a school employer
and a union representative to mutually agree to binding arbitration
concerning teacher dismissals.
Sec. 8. (a) This section does not apply to an individual who
works at a conversion charter school (as defined in IC 20-24-1-5)
for purposes of the individual's employment with the school
corporation that sponsored the conversion charter school.
(b) A contract entered into after August 15 between a school
corporation and a teacher is void if the teacher, at the time of
signing the contract, is bound by a previous contract to teach in a
public school. However, another contract may be signed by the
teacher that will be effective if the teacher:
(1) furnishes the principal a release by the employer under the
previous contract; or
(2) shows proof that thirty (30) days written notice was
delivered by the teacher to the first employer.
(c) A principal may request from a teacher, at the time of
contracting, a written statement as to whether the teacher has
signed another teaching contract. However, the teacher's failure to
provide the statement is not a cause for subsequently voiding the
contract.
(1) The basic contract
(2)
(3) After June 30, 2011, a contract entered into with a principal, administrator, or union representative may not contain a provision that has the effect of guaranteeing the individual a teaching or a central office position if the individual is removed as a principal or administrator. This subdivision may not be construed to prevent the individual from applying for a teaching or central office position.
and its superintendent is subject to the following conditions:
(1) The basic contract must may not be in the form of the regular
teacher's contract.
(2) The contract must be for a term of at least thirty-six (36)
months.
(3) (2) The contract may be altered or rescinded for a new one at
any time by mutual consent of the governing body and the
superintendent. The consent of both parties must be in writing and
must be expressed in a manner consistent with this section and
sections 7 through 8 of this chapter.
(4) (3) The rights of a superintendent as a teacher under any other
law are not affected by the contract.
(1) a sabbatical;
(2) a disability leave; or
(3) a sick leave.
(b) The school corporation may grant consecutive leaves to a teacher.
(c) A school corporation may grant partial compensation for a leave in an amount the school corporation determines. However, if a teacher on a sabbatical serves an employer that agrees to reimburse the school corporation in whole or in part of the amount of the teacher's regular salary, the school corporation may grant full or partial compensation.
(d) A teacher who is pregnant shall be granted a leave of absence for the period provided in and subject to section 5 of this chapter.
(e) Except where a contract is not required
(f) The teacher has the right to return to a teaching position for which the teacher is certified or otherwise qualified under the rules of the state board.
(1) status as
(2) accumulation of successive years of service;
(3) service performed under a teacher's contract under IC 20-28-6-8; or
(4) status or rights negotiated under IC 20-29;
remain intact.
(b) During a leave the teacher may maintain coverage in a group insurance program by paying the total premium including the school corporation's share, if any, attributable to the leave period. The school corporation may elect to pay all or part of the cost of the premium as an adopted or negotiated fringe benefit to teachers on leave.
(c) During a leave extending into a part of a school year, a teacher accumulates sick leave under IC 20-28-9-9 through IC 20-28-9-12, or a salary schedule of the school corporation that provides greater sick leave, in the same proportion that the number of days the teacher is paid during the year for work or leave bears to the total number of days for which teachers are paid in the school corporation.
(d) Except as provided in section 1 of this chapter, during a leave of a
(e) All or part of a leave granted for sickness or disability, including pregnancy related disability, may be charged at the teacher's discretion to the teacher's available sick days. However, the teacher is not entitled to take accumulated sick days when the teacher's physician certifies that the teacher is capable of performing the teacher's regular teaching duties. The teacher is entitled to complete the remaining leave without pay.
(b) A teacher placed on a disability or sick leave without a written request is entitled to a hearing on that action under
(1) with an indefinite contract under IC 20-28-6-8; and
(2) who is described in section 6(a) of this chapter;
is granted a leave of absence during the defense service.
(b) The period of probationary successive years of service under a teacher's contract that is a condition precedent to becoming
Chapter 11.5. Staff Performance Evaluations
Sec. 1. As used in this chapter, "evaluator" means an individual who conducts a staff performance evaluation. The term includes a teacher who:
(1) has clearly demonstrated a record of effective teaching over several years; and
(2) is approved by the principal as qualified to evaluate under the plan.
Sec. 2. As used in the chapter, "plan" refers to a staff performance evaluation plan developed under this chapter.
Sec. 3. As used in this chapter, "school corporation" includes:
(1) a school corporation;
(2) a charter school, including a virtual charter school under IC 20-24-7-13;
(3) a school created by an interlocal agreement under IC 36-1-7;
(4) a special education cooperative under IC 20-35-5; and
(5) a joint career and technical education program created under IC 20-37-1.
Sec. 4. (a) Each school corporation shall develop a plan for annual performance evaluations for each certificated employee (as defined in IC 20-29-2-4). A school corporation shall implement the plan beginning with the 2012-2013 school year.
(b) A plan must include the following components:
(1) Performance evaluations for all certificated employees, conducted at least annually.
(2) Objective measures of student achievement and growth to significantly inform the evaluation. The objective measures must include:
(A) student assessment results for certificated employees whose responsibilities include instruction in subjects measured in statewide assessments; and
(B) methods for assessing student growth for certificated employees who do not teach in areas measured by statewide assessments.
(3) An annual designation of each certificated employee in one (1) of the following rating categories:
(A) Highly effective.
(B) Effective.
(C) Improvement necessary.
(D) Ineffective.
(4) An explanation of the evaluator's recommendations for improvement, and the time period in which improvement is expected.
(5) A provision that a teacher who negatively impacts student achievement and growth cannot receive a rating of highly effective or effective.
(c) The plan, including the criteria for each rating category, must be made available to all certificated employees before the evaluations are conducted.
(d) Upon the request of the certificated employee being evaluated, the evaluator shall discuss the evaluation with the certificated employee before the evaluation is conducted.
Sec. 5. (a) The superintendent or equivalent authority may provide for evaluations to be conducted by an external provider.
(b) An individual may evaluate a certificated employee only if the individual has received training and support in evaluation skills.
Sec. 6. (a) A copy of the completed evaluation, including any documentation related to the evaluation, must be provided to a certificated employee not later than seven (7) days after the evaluation is conducted.
(b) If a certificated employee receives a rating of ineffective or improvement necessary, the evaluator and the certificated employee shall develop a remediation plan of not more than ninety
(90) days in length to correct the deficiencies noted in the
certificated employee's evaluation. The remediation plan shall
require the use of the certificated employee's license renewal
credits in professional development activities intended to help the
certificated employee achieve an effective rating on the next
performance evaluation. If the principal did not conduct the
performance evaluation, the principal may direct the use of the
certificated employee's license renewal credits under this
subsection.
Sec. 7. (a) To implement this chapter, the state board shall do
the following:
(1) Before January 31, 2012, adopt rules under IC 4-22-2 that
establish:
(A) the criteria that define each of the four categories of
teacher ratings under section 4(b)(3) of this chapter;
(B) the measures to be used to determine student academic
achievement and growth under section 4(b)(2) of this
chapter;
(C) standards that define actions that constitute a negative
impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31, 2012, work with the department to
develop a model plan and release it to school corporations.
Subsequent versions of the model plan that contain
substantive changes must be provided to school corporations.
(3) Work with the department to ensure the availability of
ongoing training on the use of the performance evaluation to
ensure that all evaluators and certificated employees have
access to information on the plan, the plan's implementation,
and this chapter.
(b) The state board may, at any time before or after July 1,
2012, require a school corporation to obtain the state board's
approval before implementing a staff performance evaluation plan.
A school corporation may adopt the model plan without the state
board's approval. A school corporation may modify the model plan
or develop the school corporation's own plan, if the modified or
developed plan meets the criteria established under this chapter.
Sec. 8. (a) Before August 1 of each year, each school corporation
shall provide the results of the staff performance evaluations,
including the number of certificated employees placed in each
performance category, to the department. The results provided
may not include the names or any other personally identifiable
information regarding certificated employees.
(b) Before September 1 of each year, the department shall
publish the results of staff performance evaluations by:
(1) certificated employees of each school and school
corporation; and
(2) graduates of each teacher preparation program in
Indiana.
(1) The citizens of Indiana have a fundamental interest in the effective education of Indiana's children and thus in the development of
(2) To that end, given that education forms the basis for personal, economic, and civic viability and vitality, and in light of the substantial increase in the necessary expectations of educational result produced by the state's publicly funded schools and the changes in the means and methods by which education is delivered to the state's children, it is necessary and appropriate to ensure that the processes of decision making in Indiana's public schools are supportive of and aligned to the higher expectations and needs for increased flexibility and clearer accountability.
(3) The state has a basic obligation to protect the public by attempting to prevent any material interference with the normal public school educational process.
(4) The relationship between school corporation employers and certificated school employees is not comparable to the relationship between private employers and employees for the following reasons:
(A) A public school corporation is
(B) The obligation to educate children and the methods by which the education is effected will change rapidly with:
(i) increasing technology and global competition;
(ii) the needs of an advancing civilization; and
(iii) requirements for substantial educational innovation.
(C) The general assembly has delegated the discretion to carry out this changing and innovative educational function to the governing bodies of school corporations, composed of citizens elected or appointed under applicable law, a delegation that these bodies may not and should not bargain away.
(D) Public school corporations have
(1) meet at reasonable times to negotiate in good faith concerning the items enumerated in IC 20-29-6-4; and
(2) execute a written contract incorporating any agreement relating to the matters described in subdivision (1).
(1) authority, acting for the school corporation, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline school employees;
(2) responsibility to direct school employees and adjust their grievances; or
(3) responsibility to effectively recommend the action described in subdivisions (1) through (2);
that is not of a merely routine or clerical nature but requires the use of independent judgment. The term includes superintendents, assistant superintendents, business managers and supervisors, directors with school corporationwide responsibilities, principals and vice principals.
(1) school employee organization that has been:
(A) certified for purposes of this article by the board; or
(B) recognized by a school employer as the exclusive representative of the employees in an appropriate unit;
under IC 20-29-5-1 through IC 20-29-5-5; or
(2) person or persons authorized to act on behalf of a representative described in subdivision (1).
(b) The term does not include the positions filled by individuals.
(1) To adopt an official seal and prescribe the purposes for which the seal may be used.
(2) To hold hearings and make inquiries as the board considers necessary to carry out properly the board's functions and powers.
(3) To establish a principal office
(4) To meet and exercise the board's powers at any other place in Indiana.
(5) To conduct in any part of Indiana a proceeding, a hearing, an investigation, an inquiry, or an election necessary to the performance of the board's functions. For this purpose, the board may designate one (1) member, or an agent or agents, as hearing examiners. The board may use voluntary and uncompensated
services as needed.
(6) To appoint staff and attorneys as the board finds necessary for
the proper performance of its duties. The attorneys appointed
under this section may, at the direction of the board, appear for
and represent the board in court.
(7) To pay the reasonable and necessary traveling and other
expenses of an employee, a member, or an agent of the board.
(8) To subpoena witnesses and issue subpoenas requiring the
production of books, papers, records, and documents that may be
needed as evidence in any matter under inquiry, and to administer
oaths and affirmations. In cases of neglect or refusal to obey a
subpoena issued to a person, the circuit or superior court of the
county in which the investigations or the public hearings are
taking place, upon application by the board, shall issue an order
requiring the person to:
(A) appear before the board; and
(B) produce evidence about the matter under investigation.
A failure to obey the order may be punished by the court as a
contempt. A subpoena, notice of hearing, or other process of the
board issued under this chapter shall be served in the manner
prescribed by the Indiana Rules of Trial Procedure.
(9) To adopt, amend, or rescind rules the board considers
necessary and administratively feasible to carry out this chapter
under IC 4-22-2.
(10) To request from any public agency the assistance, services,
and data that will enable the board properly to carry out the
board's functions and powers.
(11) To publish and report in full an opinion in every case decided
by the board.
(1) form, join, or assist school employee organizations;
(2) participate in collective bargaining with school employers through representatives of their own choosing; and
(3) engage in other activities, individually or in concert;
to establish, maintain, or improve salaries, wages,
(1) Direct the work of the school employer's employees.
(2) Establish policy.
(3) Hire, promote, demote, transfer, assign, and retain employees
(A) Teachers and other instructional staff members may be assigned to a particular school only with the consent of the hiring principal.
(B) A student may not be instructed for two (2) consecutive years by a teacher who was rated as ineffective under IC 20-28-11.5 in the school year immediately prior to the school year in which the student is placed in the teacher's class. If a teacher did not instruct students in the school year immediately prior to the school year in which the student is placed in the teacher's class, the teacher's rating for the most recent year in which the teacher instructed students shall be considered.
(4) Suspend or discharge employees in accordance with applicable state law.
(5) Maintain the efficiency of school operations.
(6) Relieve employees from duties because of lack of work or other legitimate reason through procedures established in
(7) Take actions necessary to carry out the mission of the public schools as provided by law.
shall serve for school employees within certain groups referred to in
this chapter as units or bargaining units. A bargaining unit may not
contain both certificated and noncertificated employees. Subject to this
limitation, the units for which an exclusive a union representative
serves are determined in accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For this purpose,
the parties consist of the school employer and a school employee
organization representing at least twenty percent (20%) of the school
employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriate unit,
or if a school employee in the proposed unit files a complaint about the
unit with the board, the board shall determine the proper unit after a
hearing. The board's decision must be based on but not limited to the
following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among school
employees.
(3) The effects on the school corporation and school employees
of fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the board shall
give notice to all interested parties in accordance with the rules of the
board. In giving notice under this subsection, the board is not required
to follow IC 4-21.5.
(1) another school employee organization representing twenty percent (20%) of the school employees within the unit files written objections to the recognition; or
(2) a school employee files a complaint to the composition of the unit with the school employer or the board within the notice period set forth in this section.
(b) Before recognizing
within the unit. The notice must be posted, for thirty (30) calendar days
immediately preceding recognition, in each of the buildings where the
school employees in any unit principally work.
(b) A school employee organization may file a petition asserting that:
(1) twenty percent (20%) of the employees in an appropriate unit wish to be represented for collective bargaining by the school employee organization as
(2) the designated
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations have presented to the school employer a claim to be recognized as the
(2) that the school employer has good faith doubt that the previously certified school employee organization represents a majority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit may file a petition asserting that the designated
(e) The board shall investigate a petition filed under subsection (b), (c), or (d). If the board has reasonable cause to believe that a question exists as to whether the designated
(f) If the board finds, based on the record of a hearing held under subsection (e), that a question of representation exists, the board shall direct an election by secret ballot in a unit the board determines to be appropriate.
(g) Certification as the
employees in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in a
bargaining unit if a valid election has been held in the preceding
twenty-four (24) month period.
(1) deduct from the pay of the employee any dues designated or certified by the appropriate officer of a school employee organization that is
(2) remit the dues described in subdivision (1) to the school employee organization.
(b) Deductions under this section must be consistent with:
(1) IC 22-2-6;
(2) IC 22-2-7; and
(3) IC 20-28-9-18.
(1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter; and
(2)
(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;
(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) this section.
(b) A contract entered into under this chapter may not extend
past the end of a state budget biennium.
(c) A contract entered into under this chapter with a union
representative may not contain a provision that has the effect of
placing a principal, an administrator, or union representative into
a teaching position or central office position if the individual is
removed as a principal, an administrator, or a union
representative.
(d) A contract entered into under this chapter may not contain
a mandatory deadline for reduction in force notices.
(e) A subject set forth in this section may not be included in a
contract entered into under this chapter. A subject that is not set
forth in section 4 of this chapter may not be included in a contract
entered into under this chapter.
(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.
(1) Salary.
(2) Wages.
may contain a grievance procedure culminating in final and binding
arbitration of unresolved grievances. However, the binding arbitration
has no power to amend, add to, subtract from, or supplement provisions
of the contract, or to otherwise conflict with this chapter or other
applicable law.
(a) The discussion of matters affecting the development, implementation, and execution of the educational approaches of a school, school corporation, or community shall take place on a professional, student focused, and learning centered basis among
the professional educators and leaders of the school, school
corporation, or community.
(b) The school employer may, but is not obligated to, invite the
union representative and others to participate in discussion
concerning the educational activities within a school, school
corporation, or community. If invited, the union representative is
expected to provide nonbinding discussion that aligns to the
school's, school corporation's, or community's education approach
and expectations for the academic achievement of students.
(1) a school employee from petitioning the school employer, governing body, or superintendent for a redress of the employee's grievances under the contract, either individually or through the
(2) the school employer or superintendent from conferring with a citizen, taxpayer, student, school employee, or other person considering the operation of the schools and the school corporation affected by the contract.
(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.
UPON PASSAGE]: Sec. 14. If an agreement has not been reached on
the items to be bargained collectively seventy-five (75) days before the
submission date of a budget by a school employer, by August 14, the
board shall initiate mediation.
(1) continue the status quo; and
(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.
(b) A school employer may end the status quo period 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.
(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.
(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
with
(6) Fail or refuse to comply with any provision of this article.
(1) Interfere with, restrain, or coerce:
(A) school employees in the exercise of the rights guaranteed by this article; or
(B) a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing, or adjusting grievances.
This subdivision does not impair the right of a school employee organization to adopt its own rules with respect to the acquisition or retention of membership in the school employee organization.
(2) Cause or attempt to cause a school employer to discriminate against an employee in violation of section 1 of this chapter.
(3) Refuse to bargain collectively with a school employer if the school employee organization is the
(4) Fail or refuse to comply with any provision of this article.
(1) Health and safety requirements.
(A) focuses on academic performance; and
(B) is consistent with metrics for improvement.
(1) is employed by a special education cooperative; and
(2) previously taught in a participating school corporation;
retains all rights and privileges under IC 20-28-6,
JULY 1, 2011]: Sec. 10. A teacher who:
(1) is employed by a special education cooperative; and
(2) does not have existing years of service in any of the
participating school corporations;
shall be considered to be employed by the special education
cooperative and is entitled to the same rights and privileges under
IC 20-28-6, IC 20-28-7, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
IC 20-28-10 as if the teacher were employed by a school corporation.
(1) a teacher loses the teacher's job in a special education cooperative due to:
(A) a reduction in services of;
(B) a reorganization of;
(C) the discontinuance of; or
(D) a withdrawal in whole or in part of a participating school corporation from;
the special education cooperative; and
(2) the teacher is employed by a participating school corporation as described in section 11 of this chapter;
the teacher retains the rights and privileges under IC 20-28-6,
; (11)IN1337.1.58. --> SECTION 58. THE FOLLOWING ARE REPEALED [EFFECTIVE UPON PASSAGE]: IC 20-29-2-7; IC 20-29-2-9; IC 20-29-2-17; IC 20-29-3-7; IC 20-29-6-11.
; (11)IN1337.1.59. --> SECTION 59. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 20-28-7; IC 20-28-11.
