Introduced Version
HOUSE BILL No. 1339
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-1.4-1-10; IC 20-24; IC 20-26-5-4; IC 20-28;
IC 20-29; IC 34-11-2-14.
Synopsis: Various education matters. Replaces references, when
referring to a charter school, to the term "sponsor" with the term
"authorizer". Repeals the current definition of sponsor. Provides that
the department of education (department) shall keep on its Internet web
site charter school page: (1) demographic and performance data
required from school corporations according to each authorizer's
performance framework; and (2) an annual list of all charter schools,
with corresponding authorizers and the school improvement
designation earned by each charter school. Provides that a virtual
charter school is defined as a charter school that provides more than
90% of its instruction through virtual distance learning or online
technologies. (Current law provides that a virtual charter school is a
charter school that provides more than 50% of its instruction through
virtual distance learning or online technologies.) Removes a
requirement that the department must submit an annual report to the
budget committee concerning virtual charter schools. Provides that a
charter school is subject to graduation rate calculation requirements.
Removes a provision that a teacher serving under a regular contract at
a laboratory school who transfers to a school corporation that is a party
to the agreement with the university operating the laboratory school is
entitled to receive credit for the years served at the laboratory school
for purposes of meeting the five year requirement for an indefinite
contract. Removes a provision that a laboratory school teacher's
contract with a school corporation is an indefinite contract if the
teacher has served five years at a laboratory school. Provides notice
procedures for the cancellation of a principal's or superintendent's
contract. Provides that a principal may request a private meeting with
(Continued next page)
Effective: July 1, 2011 (retroactive); July 1, 2013.
Behning
January 15, 2013, read first time and referred to Committee on Education.
Digest Continued
the superintendent within five days after the
principal receives notice
of a contract cancellation. Provides that a superintendent may request
a private meeting with the president of the governing body within five
days after the principal receives notice of a contract cancellation.
Provides that the superintendent or the president of the governing body
shall make a written recommendation to the governing body regarding
the contract cancellation. Provides that a superintendent or a principal
may have a representative accompany the superintendent or principal
to the private conference. Repeals a provision that provides that a
teacher contract continues in force following the date of the contract's
termination, until the school corporation refuses to continue the
contract, the teacher resigns, or the contract is replaced. Provides that
a teacher contract entered into after August 1 is void if the teacher is
bound by a previous contract to teach in a public school. (Current law
provides that the contract is void after August 15.) Resolves conflict in
IC 20-28-9-1, which was amended by P.L.229-2011, SEC. 175 and
repealed by P.L.48-2011, SEC. 39. Provides that, beginning after June
30, 2013, a teacher who does not receive a raise or increment may file
a request for a private meeting with the superintendent if the teacher
received a rating of improvement necessary or ineffective. Provides
that, after June 30, 2013, a local salary schedule must include the salary
schedule framework under which two or more of the four permissible
salary factors combine to determine increases, increments, or raises for
a teacher. Provides that after June 30, 2013, a school corporation's
noncompliance with the salary schedule requirements must be reported
by the: (1) department; (2) state board of accounts; and (3) Indiana
education employment relations board (board). Provides that the
establishment of a voluntary sick day bank may be collectively
bargained for. Provides that certain salary reductions are not subject to
collective bargaining. Makes changes to the procedure for conducting
a hearing for a teacher suspended without pay. Makes changes relating
to staff performance evaluations for evaluations of principals or
superintendents. Provides that a charter school, a virtual charter school,
or a school that participates in the choice scholarship program may not
use a staff performance evaluation based on certain models. Provides
that a certified employee must receive a rating of either ineffective or
improvement necessary if, after completing a remediation plan,
deficiencies noted in the certificated employee's evaluation are not
corrected. Provides that a model evaluation plan developed by the
department after January 31, 2012, must be approved by the state board
and published on the department's Internet web site. Provides that a
provision relating to the appointment by an exclusive representative of
a percentage of teacher positions on a district-wide or school-wide
committee applies to all discussion committees. Provides that with
regards to collective bargaining mediation, each party shall pay its
costs of mediation to the board. Removes a provision that provides that
a school employer may issue tentative individual contracts if an
agreement has not been reached. Provides that the duration of the right
to bring suit for an unfair practice against a school employer or school
employee organization is three years. Adds a provision that allows a
hearing examiner or agent of the board to assign the costs of the
hearing in proportion to the liability of the parties. Provides that the
factfinding process in an impasse proceeding may not exceed 30 days.
Reduces the time, from five years to two years, in which a person who
has served as a mediator between a school corporation and an exclusive
representative may serve as a factfinder in an impasse proceeding.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1339
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 5-1.4-1-10; (13)IN1339.1.1. -->
SECTION 1. IC 5-1.4-1-10, AS AMENDED BY P.L.119-2012,
SECTION 13, IS AMENDED TO READ AS FOLLOWS: Sec. 10.
"Qualified entity" means the following:
(1) A city.
(2) A county.
(3) A special taxing district located wholly within a county.
(4) Any entity whose tax levies are subject to review and
modification by a city-county legislative body under IC 36-3-6-9.
(5) A political subdivision (as defined in IC 36-1-2-13) that is
located wholly within a county:
(A) that has a population of:
(i) more than four hundred thousand (400,000) but less than
seven hundred thousand (700,000); or
(ii) more than two hundred fifty thousand (250,000) but less
than two hundred seventy thousand (270,000); or
(B) containing a city that:
(i) is described in section 5(3) of this chapter; and
(ii) has a public improvement bond bank under this article.
(6) A charter school established under IC 20-24 that is sponsored
authorized by the executive of a consolidated city.
(7) Any authority created under IC 36 that leases land or facilities
to any qualified entity listed in subdivisions (1) through (6).
SOURCE: IC 20-24-1-2.5; (13)IN1339.1.2. -->
SECTION 2. IC 20-24-1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 2.5. "Authorizer" means, for a charter school, one (1)
of the following:
(1) A governing body.
(2) A state educational institution that offers a four (4) year
baccalaureate degree.
(3) The executive (as defined in IC 36-1-2-5) of a consolidated
city.
(4) The charter board.
(5) A nonprofit college or university that provides a four (4)
year educational program for which it awards a
baccalaureate or more advanced degree, including the
following:
Anderson University
Bethel College
Butler University
Calumet College of St. Joseph
DePauw University
Earlham College
Franklin College
Goshen College
Grace College
Hanover College
Holy Cross College
Huntington University
Indiana Tech
Indiana Wesleyan University
Manchester College
Marian University
Martin University
Oakland City University
Rose-Hulman Institute of Technology
Saint Joseph's College
Saint Mary-of-the-Woods College
Saint Mary's College
Taylor University
Trine University
University of Evansville
University of Indianapolis
University of Notre Dame
University of Saint Francis
Valparaiso University
Wabash College.
SOURCE: IC 20-24-1-3; (13)IN1339.1.3. -->
SECTION 3. IC 20-24-1-3, AS ADDED BY P.L.1-2005, SECTION
8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2013]: Sec. 3. "Charter" means a contract between an organizer and a
sponsor an authorizer for the establishment of a charter school.
SOURCE: IC 20-24-1-9; (13)IN1339.1.4. -->
SECTION 4. IC 20-24-1-9 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 9. "Sponsor" means, for a charter school, one (1) of the
following:
(1) A governing body.
(2) A state educational institution that offers a four (4) year
baccalaureate degree.
(3) The executive (as defined in IC 36-1-2-5) of a consolidated
city.
(4) The charter board.
(5) A nonprofit college or university that provides a four (4) year
educational program for which it awards a baccalaureate or more
advanced degree, including the following:
Anderson University
Bethel College
Butler University
Calumet College of St. Joseph
DePauw University
Earlham College
Franklin College
Goshen College
Grace College
Hanover College
Holy Cross College
Huntington University
Indiana Tech
Indiana Wesleyan University
Manchester College
Marian University
Martin University
Oakland City University
Rose-Hulman Institute of Technology
Saint Joseph's College
Saint Mary-of-the-Woods College
Saint Mary's College
Taylor University
Trine University
University of Evansville
University of Indianapolis
University of Notre Dame
University of Saint Francis
Valparaiso University
Wabash College.
SOURCE: IC 20-24-2.1-1; (13)IN1339.1.5. -->
SECTION 5. IC 20-24-2.1-1, AS ADDED BY P.L.91-2011,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) The Indiana charter school board is
established for the purpose of
sponsoring authorizing charter schools
throughout Indiana.
(b) The charter board is a statewide charter school
sponsor
authorizer composed of the following seven (7) members appointed
to four (4) year terms:
(1) Two (2) members, who may not be members of the same
political party, appointed by the governor.
(2) One member who has previous experience with or on behalf
of charter schools appointed by the state superintendent.
(3) Four (4) members, who may not be legislators, appointed as
follows:
(A) One (1) member appointed by the president pro tempore
of the senate.
(B) One (1) member appointed by the minority leader of the
senate.
(C) One (1) member appointed by the speaker of the house of
representatives.
(D) One (1) member appointed by the minority leader of the
house of representatives.
(c) The governor shall appoint the chairperson of the charter board.
(d) A majority of the members appointed to the charter board
constitutes a quorum. The affirmative votes of a majority of the voting
members appointed to the charter board are required for the charter
board to take action.
(e) Each member of the charter board who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SOURCE: IC 20-24-2.1-2; (13)IN1339.1.6. -->
SECTION 6. IC 20-24-2.1-2, AS ADDED BY P.L.91-2011,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. The charter board, with assistance from the
department, shall:
(1) establish a process to:
(A) review a proposal to establish a charter school under
IC 20-24-3-4;
(B) make a decision on the proposal as required under
IC 20-24-3-9; and
(C) monitor charter schools sponsored authorized by the
charter board; and
(2) publish guidelines concerning the review process described in
subdivision (1);
not later than December 31, 2011.
SOURCE: IC 20-24-2.2-1; (13)IN1339.1.7. -->
SECTION 7. IC 20-24-2.2-1, AS ADDED BY P.L.91-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The department shall establish a charter school
page on the department's Internet web site that includes information on
the following:
(1) All approved
sponsors, authorizers, including the
sponsors'
authorizers' processes for the following:
(A) Monitoring approved schools at regular intervals.
(B) Establishing minimum standards for renewing a charter or
not renewing a charter.
(C) Processes and standards for school closure, including the
transfer of academic records to other schools and
postsecondary educational institutions.
(2) All pending applications for a charter.
(3) All approved applications for a charter.
(4) All rejected applications for a charter.
(5) Annual performance data that includes the same demographic
and performance data required from school corporations
according to each authorizer's performance framework.
(6) An annual list of all charter schools, with corresponding
authorizer of and the school improvement designation
described in IC 20-31-8-3 earned by each charter school. The
list must be updated annually not later than thirty (30) days
after the department releases the school improvement
designations.
SOURCE: IC 20-24-2.2-2; (13)IN1339.1.8. -->
SECTION 8. IC 20-24-2.2-2, AS ADDED BY P.L.91-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. The minimum standards for renewal and the
standards to avoid closure imposed by sponsors authorizers on the
charter school in the charter school agreement must include a
requirement that the charter school not fall within the application of
IC 20-31-9-4, notwithstanding IC 20-31-9-1.
SOURCE: IC 20-24-2.2-3; (13)IN1339.1.9. -->
SECTION 9. IC 20-24-2.2-3, AS AMENDED BY P.L.6-2012,
SECTION 128, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) After giving at least thirty
(30) days notice, the state board may require a sponsor an authorizer
to appear at a hearing conducted by the state board if the sponsor
authorizer has renewed the charter of or failed to close a charter
school that does not meet the minimum standards in the charter
agreement, as posted on the department's Internet web site.
(b) After the hearing, the state board may implement one (1) or
more of the following actions unless the state board finds sufficient
justification for the charter school's performance under the state school
accountability system:
(1) Transfer the sponsorship authorization of the charter school
identified in subsection (a) to the charter board.
(2) Order the closure of the charter school identified in subsection
(a) on the date set by the state board.
(3) Order the reduction of any administrative fee collected under
IC 20-24-7-4 that is applicable to the charter school identified in
subsection (a) to an amount not greater than fifty percent (50%)
of the amount allowed under IC 20-24-7-4.
(c) In determining whether to impose consequences under
subsection (b), the state board must consider the following:
(1) Enrollment of students with special challenges such as drug or
alcohol addiction, prior withdrawal from school, prior
incarceration, or other special circumstances.
(2) High mobility of the student population resulting from the
specific purpose of the charter school.
(3) Annual improvement in the performance of students enrolled
in the charter school, as measured by IC 20-31-8-1, compared
with the performance of students enrolled in the charter school in
the immediately preceding school year.
SOURCE: IC 20-24-2.2-4; (13)IN1339.1.10. -->
SECTION 10. IC 20-24-2.2-4, AS ADDED BY P.L.91-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. If the state board has closed or transferred
sponsorship authorization of at least twenty-five percent (25%) of the
charter schools chartered by one (1) sponsor authorizer under section
3 of this chapter, the sponsor's authorizer's authority to sponsor
authorize new charter schools may be suspended by the state board
until the state board approves the sponsor authorizer to sponsor
authorize new charter schools. A determination under this section to
suspend a sponsor's an authorizer's authority to sponsor authorize
new charter schools must identify the deficiencies that, if corrected,
will result in the approval of the sponsor authorizer to sponsor
authorize new charter schools.
SOURCE: IC 20-24-3-1; (13)IN1339.1.11. -->
SECTION 11. IC 20-24-3-1, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. A sponsor An authorizer may grant a charter
to an organizer to operate a charter school under this article.
SOURCE: IC 20-24-3-2; (13)IN1339.1.12. -->
SECTION 12. IC 20-24-3-2, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. A sponsor An authorizer may not grant a
charter to a for-profit organizer.
SOURCE: IC 20-24-3-4; (13)IN1339.1.13. -->
SECTION 13. IC 20-24-3-4, AS AMENDED BY P.L.91-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) An organizer may submit to the
sponsor
authorizer a proposal to establish a charter school.
(b) A proposal must contain at least the following information:
(1) Identification of the organizer.
(2) A description of the organizer's organizational structure and
governance plan.
(3) The following information for the proposed charter school:
(A) Name.
(B) Purposes.
(C) Governance structure.
(D) Management structure.
(E) Educational mission goals.
(F) Curriculum and instructional methods.
(G) Methods of pupil assessment.
(H) Admission policy and criteria, subject to IC 20-24-5.
(I) School calendar.
(J) Age or grade range of students to be enrolled.
(K) A description of staff responsibilities.
(L) A description of the physical plant.
(M) Budget and financial plans.
(N) Personnel plan, including methods for selection, retention,
and compensation of employees.
(O) Transportation plan.
(P) Discipline program.
(Q) Plan for compliance with any applicable desegregation
order.
(R) The date when the charter school is expected to:
(i) begin school operations; and
(ii) have students attending the charter school.
(S) The arrangement for providing teachers and other staff
with health insurance, retirement benefits, liability insurance,
and other benefits.
(T) Any other applications submitted to a sponsor an
authorizer in the previous five (5) years.
(4) The manner in which the sponsor authorizer must conduct an
annual audit of the program operations of the charter school.
(c) This section does not waive, limit, or modify the provisions of:
(1) IC 20-29 in a charter school where the teachers have chosen
to organize under IC 20-29; or
(2) an existing collective bargaining agreement for noncertificated
employees (as defined in IC 20-29-2-11).
SOURCE: IC 20-24-3-5; (13)IN1339.1.14. -->
SECTION 14. IC 20-24-3-5, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) This section applies only to a sponsor an
authorizer that is the executive of a consolidated city.
(b) Before issuing a charter, the sponsor authorizer must receive
the approval of a majority of the members of the legislative body (as
defined in IC 36-1-2-9) of the consolidated city for the establishment
of a charter school. The sponsor authorizer may issue charters for
charter schools located in the consolidated city.
SOURCE: IC 20-24-3-5.5; (13)IN1339.1.15. -->
SECTION 15. IC 20-24-3-5.5, AS ADDED BY P.L.91-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5.5. (a) This section applies to a sponsor an
authorizer that is not the executive of a consolidated city.
(b) Before issuing a charter, the sponsor authorizer must conduct
a public hearing concerning the establishment of the proposed charter
school. At the public hearing, the governing body of the school
corporation in which the proposed charter school will be located must
be given an opportunity to comment on the effect of the proposed
charter school on the school corporation, including any foreseen
negative impacts on the school corporation.
SOURCE: IC 20-24-3-7; (13)IN1339.1.16. -->
SECTION 16. IC 20-24-3-7, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. The sponsor authorizer may revoke the charter
of a charter school that does not, by the date specified in the charter:
(1) begin school operations; and
(2) have students attending the charter school.
SOURCE: IC 20-24-3-9; (13)IN1339.1.17. -->
SECTION 17. IC 20-24-3-9, AS ADDED BY P.L.169-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9. A sponsor An authorizer must notify an
organizer that submits a proposal under section 4 of this chapter of the:
(1) acceptance of the proposal; or
(2) rejection of the proposal;
not later than seventy-five (75) days after the organizer submits the
proposal.
SOURCE: IC 20-24-3-10; (13)IN1339.1.18. -->
SECTION 18. IC 20-24-3-10, AS AMENDED BY P.L.91-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) A sponsor An authorizer must notify the
department of the following:
(1) Receipt of a proposal.
(2) Acceptance of a proposal.
(3) Rejection of a proposal, including the reasons for the
rejection.
(4) The length of time for which a charter is granted.
(5) School goals, educational program design, and an education
management organization operating a school, if applicable.
(6) The name and address of the education management
organization, and the name of the chief operating officer of the
education management organization, if applicable.
(b) The department shall annually do the following:
(1) Compile the information received under subsection (a) into a
report.
(2) Submit the report in an electronic format under IC 5-14-6 to
the legislative council.
SOURCE: IC 20-24-3-11; (13)IN1339.1.19. -->
SECTION 19. IC 20-24-3-11, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. If a sponsor an authorizer rejects a charter
school proposal, the organizer may:
(1) amend the charter school proposal and resubmit the proposal
to the same sponsor; authorizer;
(2) submit a charter school proposal to another sponsor;
authorizer; or
(3) appeal the decision to the charter school review panel
established by section 12 of this chapter.
SOURCE: IC 20-24-3-12; (13)IN1339.1.20. -->
SECTION 20. IC 20-24-3-12, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) This section applies if the sponsor
authorizer rejects a proposal.
(b) The organizer may appeal the decision of the sponsor
authorizer to the charter school review panel established by subsection
(c).
(c) The charter school review panel is established. The members of
the panel are as follows:
(1) The governor or the governor's designee.
(2) The state superintendent, who shall chair the panel.
(3) A member of the state board appointed by the state
superintendent.
(4) A person with financial management experience appointed by
the governor.
(5) A community leader with knowledge of charter school issues
appointed jointly by the governor and the state superintendent.
A member shall serve a two (2) year term and may be reappointed to
the panel upon expiration of the member's term.
(d) All decisions of the panel shall be determined by a majority vote
of the panel's members.
(e) Upon the request of an organizer, the panel shall meet to
consider the organizer's proposal and the sponsor's authorizer's
reasons for rejecting the proposal. The panel must allow the organizer
and sponsor authorizer to participate in the meeting.
(f) After the panel meets under subsection (e), the panel shall make
one (1) of the following findings and issue the finding to the organizer
and the sponsor: authorizer:
(1) A finding that supports the sponsor's authorizer's rejection of
the proposal.
(2) A finding that:
(A) recommends that the organizer amend the proposal; and
(B) specifies the changes to be made in the proposal if the
organizer elects to amend the proposal.
(3) A finding that approves the proposal.
The panel shall issue the finding not later than forty-five (45) days after
the panel receives the request for review.
(g) If the panel makes a finding described in subsection (f)(1), the
finding is final.
(h) If the panel makes a finding described in subsection (f)(2), the
organizer may amend the proposal according to the panel's
recommendations and resubmit the proposal directly to the panel.
(i) If the panel makes a finding described in subsection (f)(3), the
proposal is considered conditionally approved. The approval shall be
considered final upon delivery to the panel of written notice from the
organizer and an eligible sponsor authorizer that the sponsor
authorizer has agreed to serve as a sponsor an authorizer for the
proposal approved by the panel.
(j) Proposals approved under this section shall not be counted under
any numerical limits placed upon a sponsor an authorizer or set of
sponsors. authorizers.
SOURCE: IC 20-24-3-14; (13)IN1339.1.21. -->
SECTION 21. IC 20-24-3-14, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) This section applies to university sponsors.
authorizers.
(b) Except as provided in subsection (c), the ultimate responsibility
for choosing to sponsor authorize a charter school and responsibilities
for maintaining sponsorship authorization rest with the university's
board of trustees.
(c) The university's board of trustees may vote to assign sponsorship
authorization authority and sponsorship authorization responsibilities
to another person or entity that functions under the direction of the
university's board. A decision made under this subsection shall be
communicated in writing to the department and the charter school
review panel.
(d) Before a university may sponsor authorize a charter school, the
university must conduct a public meeting with public notice in the
county where the charter school will be located.
SOURCE: IC 20-24-3-16; (13)IN1339.1.22. -->
SECTION 22. IC 20-24-3-16, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 16. An entity or multiple divisions of the same
entity may not serve simultaneously as both the organizer and the
sponsor authorizer of the same charter school.
SOURCE: IC 20-24-4-1; (13)IN1339.1.23. -->
SECTION 23. IC 20-24-4-1, AS AMENDED BY P.L.91-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) A charter must meet the following
requirements:
(1) Be a written instrument.
(2) Be executed by
a sponsor an authorizer and an organizer.
(3) Confer certain rights, franchises, privileges, and obligations
on a charter school.
(4) Confirm the status of a charter school as a public school.
(5) Be granted for:
(A) not less than three (3) years; and
(B) a fixed number of years agreed to by the
sponsor
authorizer and the organizer.
(6) Provide for the following:
(A) A review by the sponsor authorizer of the charter school's
performance, including the progress of the charter school in
achieving the academic goals set forth in the charter, at least
one (1) time in each five (5) year period while the charter is in
effect.
(B) Renewal, if the sponsor authorizer and the organizer
agree to renew the charter.
(7) Specify the grounds for the sponsor authorizer to:
(A) revoke the charter before the end of the term for which the
charter is granted; or
(B) not renew a charter.
(8) Set forth the methods by which the charter school will be held
accountable for achieving the educational mission and goals of
the charter school, including the following:
(A) Evidence of improvement in:
(i) assessment measures, including the ISTEP and end of
course assessments;
(ii) attendance rates;
(iii) graduation rates (if appropriate);
(iv) increased numbers of Core 40 diplomas and other
college and career ready indicators including advanced
placement participation and passage, dual credit
participation and passage, and International Baccalaureate
participation and passage (if appropriate);
(v) increased numbers of academic honors and technical
honors diplomas (if appropriate);
(vi) student academic growth;
(vii) financial performance and stability; and
(viii) governing board performance and stewardship,
including compliance with applicable laws, rules and
regulations, and charter terms.
(B) Evidence of progress toward reaching the educational
goals set by the organizer.
(9) Describe the method to be used to monitor the charter
school's:
(A) compliance with applicable law; and
(B) performance in meeting targeted educational performance.
(10) Specify that the sponsor authorizer and the organizer may
amend the charter during the term of the charter by mutual
consent and describe the process for amending the charter.
(11) Describe specific operating requirements, including all the
matters set forth in the application for the charter.
(12) Specify a date when the charter school will:
(A) begin school operations; and
(B) have students attending the charter school.
(13) Specify that records of a charter school relating to the
school's operation and charter are subject to inspection and
copying to the same extent that records of a public school are
subject to inspection and copying under IC 5-14-3.
(14) Specify that records provided by the charter school to the
department or
sponsor authorizer that relate to compliance by the
organizer with the terms of the charter or applicable state or
federal laws are subject to inspection and copying in accordance
with IC 5-14-3.
(15) Specify that the charter school is subject to the requirements
of IC 5-14-1.5.
(b) A charter school shall set annual performance targets in
conjunction with the charter school's
sponsor. authorizer. The annual
performance targets shall be designed to help each school meet
applicable federal, state, and
sponsor authorizer expectations.
SOURCE: IC 20-24-5-4; (13)IN1339.1.24. -->
SECTION 24. IC 20-24-5-4, AS AMENDED BY P.L.91-2011,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) Except as provided in this chapter, a charter
school may not establish admission policies or limit student admissions
in any manner in which a public school is not permitted to establish
admission policies or limit student admissions.
(b) Notwithstanding subsection (a), a charter school may operate as
a single gender school if approved to do so by the sponsor. authorizer.
A single gender charter school must be open to any student of the
gender the school serves who resides in Indiana.
SOURCE: IC 20-24-6-1; (13)IN1339.1.25. -->
SECTION 25. IC 20-24-6-1, AS AMENDED BY P.L.91-2011,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) Individuals who work at a charter school are
employees of the charter school or of an entity with which the charter
school has contracted to provide services.
(b) Teachers in a conversion charter school may be employees of the
charter school or of both the charter school and the school corporation
that sponsored authorized the charter school, as determined by the
provisions of the charter.
(c) All benefits accrued by teachers as employees of the conversion
charter school are the financial responsibility of the conversion charter
school.
(d) All benefits accrued by a teacher during the time the teacher was
an employee only of the school corporation that sponsored authorized
the charter school are the financial responsibility of the school
corporation. The school corporation shall pay those benefits directly or
reimburse the conversion charter school for the cost of the benefits.
SOURCE: IC 20-24-6-8; (13)IN1339.1.26. -->
SECTION 26. IC 20-24-6-8, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. The decision by a sponsor an authorizer
whether to grant a charter is not subject to restraint by a collective
bargaining agreement.
SOURCE: IC 20-24-7-4; (13)IN1339.1.27. -->
SECTION 27. IC 20-24-7-4, AS AMENDED BY P.L.91-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) Services that a school corporation provides
to a charter school, including transportation, may be provided at not
more than one hundred three percent (103%) of the actual cost of the
services.
(b) This subsection applies to
a sponsor an authorizer that is a state
educational institution described in IC 20-24-1-7(2). In a calendar year,
a state educational institution may receive from the organizer of a
charter school
sponsored authorized by the state educational
institution an administrative fee equal to not more than three percent
(3%) of the total amount the organizer receives during the calendar
year from basic tuition support (as defined in IC 20-43-1-8).
(c) This subsection applies to the executive of a consolidated city
that
sponsors authorizes a charter school. In a calendar year, the
executive may collect from the organizer of a charter school
sponsored
authorized by the executive an administrative fee equal to not more
than three percent (3%) of the total amount the organizer receives
during the calendar year for basic tuition support.
(d) This subsection applies to
a sponsor an authorizer that is a
nonprofit college or university that is approved by the state board of
education. In a calendar year, a private college or university may
collect from the organizer of a charter school
sponsored authorized by
the private college or university an administrative fee equal to not more
than three percent (3%) of the total amount the organizer receives
during the calendar year for basic tuition support.
(e) This subsection applies to the charter board. In a calendar year,
the charter school board may collect from the organizer of a charter
school
sponsored authorized by the charter board an administrative fee
equal to not more than three percent (3%) of the total amount the
organizer receives during the calendar year for basic tuition support.
(f)
A sponsor's An authorizer's administrative fee may not include
any costs incurred in delivering services that a charter school may
purchase at its discretion from the sponsor. authorizer. The sponsor
authorizer shall use its funding provided under this section exclusively
for the purpose of fulfilling sponsoring authorization obligations.
(g) Except for oversight services, a charter school may not be
required to purchase services from its sponsor authorizer as a
condition of charter approval or of executing a charter contract, nor
may any such condition be implied.
(h) A charter school may choose to purchase services from its
sponsor. authorizer. In that event, the charter school and sponsor
authorizer shall execute an annual service contract, separate from the
charter contract, stating the parties' mutual agreement concerning the
services to be provided by the sponsor authorizer and any service fees
to be charged to the charter school. A sponsor An authorizer may not
charge more than market rates for services provided to a charter school.
(i) Not later than ninety (90) days after the end of each fiscal year,
each sponsor authorizer shall provide to each charter school it
sponsors authorizes an itemized accounting of the actual costs of
services purchased by the charter school from the sponsor. authorizer.
Any difference between the amount initially charged to the charter
school and the actual cost shall be reconciled and paid to the owed
party. If either party disputes the itemized accounting, any charges
included in the accounting, or charges to either party, either party may
request a review by the department. The requesting party shall pay the
costs of the review.
SOURCE: IC 20-24-7-6.5; (13)IN1339.1.28. -->
SECTION 28. IC 20-24-7-6.5, AS ADDED BY P.L.229-2011,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6.5. (a) Subject to subsection (b)
and with the approval of a majority of the members of the governing
body, a school corporation may distribute any part of the following to
a conversion school sponsored authorized by the school corporation
in the amount and under the terms and conditions adopted by a
majority of the members of the governing body:
(1) State tuition support and other state distributions to the school
corporation.
(2) Any other amount deposited in the school corporation's
general fund.
(b) The total amount that may be transferred under subsection (a) in
a calendar year to a particular conversion charter school may not
exceed the result determined under STEP FOUR of the following
formula:
STEP ONE: Determine the result of:
(A) the amount of state tuition support that the school
corporation is eligible to receive in the calendar year; divided
by
(B) the current ADM of the school corporation for the calendar
year.
STEP TWO: Determine the result of:
(A) the amount of state tuition support that the conversion
charter school is eligible to receive in the calendar year;
divided by
(B) the current ADM of the conversion charter school for the
calendar year.
STEP THREE: Determine the greater of zero (0) or the result of:
(A) the STEP ONE amount; minus
(B) the STEP TWO amount.
STEP FOUR: Determine the result of:
(A) the STEP THREE amount; multiplied by
(B) the current ADM of the conversion charter school for the
calendar year.
SOURCE: IC 20-24-7-8; (13)IN1339.1.29. -->
SECTION 29. IC 20-24-7-8, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. A sponsor An authorizer may request and
receive financial reports concerning a charter school from the organizer
at any time.
SOURCE: IC 20-24-7-9; (13)IN1339.1.30. -->
SECTION 30. IC 20-24-7-9, AS AMENDED BY P.L.146-2008,
SECTION 463, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9. (a) This section applies if:
(1)
a sponsor: an authorizer:
(A) revokes a charter before the end of the term for which the
charter is granted; or
(B) does not renew a charter; or
(2) a charter school otherwise terminates its charter before the end
of the term for which the charter is granted.
(b) Any state funds that remain to be distributed to the charter
school in the calendar year in which an event described in subsection
(a) occurs shall be distributed as follows:
(1) First, to the common school loan fund to repay any existing
obligations of the charter school under IC 20-49-7.
(2) Second, to the entities that distributed the funds to the charter
school. A distribution under this subdivision shall be on a pro rata
basis.
(c) If the funds described in subsection (b) are insufficient to repay
all existing obligations of the charter school under IC 20-49-7, the state
shall repay any remaining obligations of the charter school under
IC 20-49-7 from the amount appropriated for state tuition support
distributions.
SOURCE: IC 20-24-7-10; (13)IN1339.1.31. -->
SECTION 31. IC 20-24-7-10, AS ADDED BY P.L.169-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) The department shall carry out a program
to identify all federal funds for which a charter school is eligible.
(b) The department shall apply for all federal funds that are
available for charter schools and for which Indiana is eligible.
(c) Upon receiving notice under IC 20-5.5-3-9 from a sponsor an
authorizer that a charter has been approved, the department shall
immediately inform the organizer of the organizer's potential eligibility
for federal charter school start-up grants.
(d) The department shall distribute federal charter school start-up
grants to eligible organizers in a timely manner according to the
department's published guidelines for distributing the grants.
(e) The department shall compile a biannual report and submit the
report to the state office of federal grants and procurement and to
charter school organizers and sponsors. authorizers. The report
submitted under this subsection must contain the following information
for grants distributed under this section:
(1) Beginning and end dates for each grant cycle.
(2) The dates on which:
(A) grant applications and requests for renewal were received;
and
(B) grants were awarded.
(3) The amount of each grant awarded.
SOURCE: IC 20-24-7-13; (13)IN1339.1.32. -->
SECTION 32. IC 20-24-7-13, AS AMENDED BY P.L.229-2011,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 13. (a) As used in this section,
"virtual charter school" means any charter school, including a
conversion charter school, that provides for the delivery of more than
fifty ninety percent
(50%) (90%) of instruction to students through:
(1) virtual distance learning;
(2) online technologies; or
(3) computer based instruction.
(b) Beginning with the 2011-2012 school year, a virtual charter
school may apply for
sponsorship authorization with any statewide
sponsor authorizer in accordance with the
sponsor's authorizer's
guidelines.
(c) Before January 1, 2012, a virtual charter school is entitled to
receive funding from the state in an amount equal to the sum of
(1) the
product of:
(A) (1) the number of students included in the virtual charter
school's ADM; multiplied by
(B) (2) eighty percent (80%) of statewide average basic tuition
support.
(d) After December 31, 2011, a virtual charter school is entitled to
receive funding from the state in an amount equal to the sum of:
(1) the product of:
(A) the number of students included in the virtual charter
school's ADM; multiplied by
(B) eighty-seven and five-tenths percent (87.5%) of the
school's foundation amount determined under IC 20-43-5-4;
plus
(2) the total of any special education grants under IC 20-43-7 to
which the virtual charter school is entitled.
After December 31, 2011, a virtual charter school is entitled to receive
special education grants under IC 20-43-7 calculated in the same
manner as special education grants are calculated for other school
corporations.
(d) (e) The department shall adopt rules under IC 4-22-2 to govern
the operation of virtual charter schools.
(e) Beginning in 2009, the department shall before December 1 of
each year submit an annual report to the budget committee concerning
the program under this section.
(f) (f) This subsection does not apply to students who were enrolled
in a virtual charter school during the 2010-2011 school year. Each
school year, at least sixty percent (60%) of the students who are
enrolled in virtual charter schools under this section for the first time
must have been included in the state's ADM count for the previous
school year.
SOURCE: IC 20-24-8-3; (13)IN1339.1.33. -->
SECTION 33. IC 20-24-8-3, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. For each charter school established under this
article, the charter school and the organizer are accountable to the
sponsor authorizer for ensuring compliance with:
(1) applicable federal and state laws;
(2) the charter; and
(3) the Constitution of the State of Indiana.
SOURCE: IC 20-24-8-5; (13)IN1339.1.34. -->
SECTION 34. IC 20-24-8-5, AS AMENDED BY P.L.160-2012,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. The following statutes and rules and guidelines
adopted under the following statutes apply to a charter school:
(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 20-26-13 (graduation rate determination).
(6) (7) IC 20-28-10-12 (nondiscrimination for teacher marital
status).
(7) (8) IC 20-28-10-14 (teacher freedom of association).
(8) (9) IC 20-28-10-17 (school counselor immunity).
(9) (10) For conversion charter schools only, IC 20-28-6,
IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10.
(10) (11) IC 20-33-2 (compulsory school attendance).
(11) (12) IC 20-33-3 (limitations on employment of children).
(12) (13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22
(student due process and judicial review).
(13) (14) IC 20-33-8-16 (firearms and deadly weapons).
(14) (15) IC 20-34-3 (health and safety measures).
(15) (16) IC 20-33-9 (reporting of student violations of law).
(16) (17) IC 20-30-3-2 and IC 20-30-3-4 (patriotic
commemorative observances).
(17) (18) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-8, and
IC 20-32-8.5, as provided in IC 20-32-8.5-2(b) (academic
standards, accreditation, assessment, and remediation).
(18) (19) IC 20-33-7 (parental access to education records).
(19) (20) IC 20-31 (accountability for school performance and
improvement).
(20) (21) IC 20-30-5-19 (personal financial responsibility
instruction).
SOURCE: IC 20-24-9-1; (13)IN1339.1.35. -->
SECTION 35. IC 20-24-9-1, AS AMENDED BY P.L.91-2011,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. A sponsor An authorizer that has established
a charter school shall submit an annual report to the department for
informational and research purposes.
SOURCE: IC 20-24-9-2; (13)IN1339.1.36. -->
SECTION 36. IC 20-24-9-2, AS AMENDED BY P.L.91-2011,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. An annual report under this chapter must
contain the following information:
(1) Results of all standardized testing, including ISTEP program
testing, end of course assessments, and any other assessments
used for each sponsored authorized school.
(2) A description of the educational methods and teaching
methods employed for each sponsored authorized school.
(3) Attendance rates for each sponsored authorized school.
(4) Graduation rates (if appropriate), including attainment of Core
40 and academic honors diplomas for each sponsored authorized
school.
(5) Student enrollment data for each sponsored authorized
school, including the following:
(A) The number of students enrolled.
(B) The number of students expelled.
(6) Schools that closed or for which the charter was not renewed,
and the reasons for the closure or nonrenewal.
SOURCE: IC 20-24-9-3; (13)IN1339.1.37. -->
SECTION 37. IC 20-24-9-3, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. The sponsor authorizer shall oversee a charter
school's compliance with:
(1) the charter; and
(2) all applicable laws.
SOURCE: IC 20-24-9-4; (13)IN1339.1.38. -->
SECTION 38. IC 20-24-9-4, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. Notwithstanding the provisions of the charter,
a sponsor an authorizer that grants a charter may revoke the charter
at any time before the expiration of the term of the charter if the
sponsor authorizer determines that at least one (1) of the following
occurs:
(1) The organizer fails to comply with the conditions established
in the charter.
(2) The charter school established by the organizer fails to meet
the educational goals set forth in the charter.
(3) The organizer fails to comply with all applicable laws.
(4) The organizer fails to meet generally accepted government
accounting principles.
(5) One (1) or more grounds for revocation exist as specified in
the charter.
SOURCE: IC 20-24-9-5; (13)IN1339.1.39. -->
SECTION 39. IC 20-24-9-5, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. A charter school shall report the following to
the
sponsor: authorizer:
(1) Attendance records.
(2) Student performance data.
(3) Financial information.
(4) Any information necessary to comply with state and federal
government requirements.
(5) Any other information specified in the charter.
SOURCE: IC 20-24-11-1; (13)IN1339.1.40. -->
SECTION 40. IC 20-24-11-1, AS AMENDED BY P.L.91-2011,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) This section does not apply to an existing
public elementary or secondary school that the governing body of the
school corporation in which the school is located has scheduled for
closure.
(b) An existing public elementary or secondary school may be
converted into a charter school if all of the following conditions apply:
(1) At least fifty-one percent (51%) of the parents of students who
attend the school have signed a petition requesting the
conversion, which must be completed not later than ninety (90)
days after the date of the first signature.
(2) The school has been placed in either of the two (2) lowest
categories or designations under IC 20-31-8-3 for two (2)
consecutive years.
(3) The governing body votes to convert an existing school within
the school corporation.
(c) Notwithstanding subsection (b), if a governing body operates a
school that has been placed in either of the two (2) lowest categories or
designations under IC 20-31-8-3 for four (4) consecutive years, the
governing body may not serve as that charter school's sponsor.
authorizer.
(d) A conversion charter school shall continue to comply with all
legal requirements concerning student diversity and treatment of
children with special needs and accept all students who attended the
school before its conversion and who wish to attend the conversion
charter school. If any space remains, any student in Indiana may attend
the conversion charter school.
SOURCE: IC 20-26-5-4; (13)IN1339.1.41. -->
SECTION 41. IC 20-26-5-4, AS AMENDED BY P.L.145-2012,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011 (RETROACTIVE)]: Sec. 4. In carrying out the school
purposes of a school corporation, the governing body acting on the
school corporation's behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
However, a governing body may not use funds received from the
state to bring or join in an action against the state, unless the
governing body is challenging an adverse decision by a state
agency, board, or commission.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment.
(3) To appropriate from the school corporation's general fund an
amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based on
the school corporation's previous year's ADM, to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for
construction, erection, or maintenance of real estate, real estate
improvements, or an interest in real estate or real estate
improvements, as the governing body considers necessary for
school purposes, including buildings, parts of buildings,
additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1. IC 20-28-9-1.5.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1. IC 20-28-9-1.5.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) Subject to IC 20-27-13, to transport children to and from
school, when in the opinion of the governing body the
transportation is necessary, including considerations for the safety
of the children and without regard to the distance the children live
from the school. The transportation must be otherwise in
accordance with applicable law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. In accordance with IC 20-26-17, to:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
SOURCE: IC 20-28-6-9; (13)IN1339.1.42. -->
SECTION 42. IC 20-28-6-9, AS AMENDED BY P.L.2-2007,
SECTION 218, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9. (a) A teacher serving under a
regular contract at a laboratory school operated under IC 20-24.5-2
who is offered and accepts a position in the local school corporation
that is a party to the agreement with the university operating the
laboratory school is entitled to
(1) transfer to the local school corporation any years served as a
regular teacher at the laboratory school. and
(2) receive credit for the years in meeting the five (5) year
requirement for an indefinite contract contained in section 8 of
this chapter.
(b) If the teacher accepting a position with the local school
corporation has served as a regular teacher at the laboratory school for
at least five (5) successive years, the teacher's contract with the local
school corporation is an indefinite contract under section 8 of this
chapter.
SOURCE: IC 20-28-7.5-1; (13)IN1339.1.43. -->
SECTION 43. IC 20-28-7.5-1, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011 (RETROACTIVE)]: Sec. 1. (a) This chapter applies to
a teacher in a school corporation (as defined in IC 20-18-2-16(a)).
(b) A principal may decline to continue a probationary teacher's
contract under sections 2 through 4 of this chapter if the probationary
teacher:
(1) receives an ineffective designation on a performance
evaluation under IC 20-28-11.5;
(2) receives two (2) consecutive improvement necessary ratings
on a performance evaluation under IC 20-28-11.5; or
(3) is subject to a justifiable decrease in the number of teaching
positions or any reason relevant to the school corporation's
interest.
(c) Except as provided in subsection (e), a principal may not decline
to continue a professional or established teacher's contract unless the
teacher is subject to a justifiable decrease in the number of teaching
positions.
(d) After June 30, 2012, the cancellation of teacher's contracts due
to a justifiable decrease in the number of teaching positions shall be
determined on the basis of performance rather than seniority. In cases
where teachers are placed in the same performance category, any of the
items in IC 20-28-9-1(b) IC 20-28-9-1.5(b) may be considered.
(e) A contract with a teacher may be canceled 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 the
state school laws or reasonable rules adopted for the governance
of the school building or the school corporation.
(3) Justifiable decrease in the number of teaching positions.
(4) Incompetence, including receiving:
(A) an ineffective designation on two (2) consecutive
performance evaluations under IC 20-28-11.5; or
(B) an ineffective designation or improvement necessary
rating in three (3) years of any five (5) year period.
(5) Neglect of duty.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good or just cause.
SOURCE: IC 20-28-7.5-2; (13)IN1339.1.44. -->
SECTION 44. IC 20-28-7.5-2, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) Before
a an administrator or teacher
is
refused continuation of the
administrator's or teacher's contract, the
administrator or teacher has the following rights:
(1) The:
(A) principal shall notify
the a teacher of the principal's
preliminary decision
regarding discontinuation of the
teacher's contract;
(B) governing body shall, in accordance with IC 20-28-8-3,
notify a principal of the governing body's preliminary
decision regarding discontinuation of the principal's
contract; and
(C) governing body shall, in accordance with IC 20-28-8-7,
notify a superintendent of the governing body's
preliminary decision regarding discontinuation of the
superintendent's contract.
The notification must be
(A) in writing and
(B) must be delivered
in person or mailed by registered or certified mail to the
teacher
at the teacher's last known address
of the teacher, principal, or
superintendent.
(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.
(3) Notification due to a reduction in force must be delivered
between May 1 and July 1.
(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) For a cancellation of a principal's contract for a reason other
than a reduction in force, the notice required under subsection
(a)(1) must inform the principal that, not later than five (5) days
after the principal's receipt of the notice, the principal may request
a private conference with the superintendent. The superintendent
must set the requested meeting not later than ten (10) days after
the request.
(d) For a cancellation of a superintendent's contract for a
reason other than a reduction in force, the notice required under
subsection (a)(1) must inform the superintendent that, not later
than five (5) days after the superintendent's receipt of the notice,
the superintendent may request a private conference with the
president of the governing body. The president of the governing
body must set the requested meeting not later than ten (10) days
after the request.
(c) (e) At
the a conference
between the superintendent and the
teacher, under subsection (b), (c), or (d), the teacher,
principal, or
superintendent who requested the conference may be accompanied
by a representative.
(d) (f) After
the a conference
between the superintendent and the
teacher under subsection (b) or (c), the superintendent shall make a
written recommendation to the governing body of the school
corporation regarding the cancellation of the
teacher's
or principal's
contract.
(g) After a conference under subsection (e), the president of the
governing body shall make a written recommendation to the
governing body of the school corporation regarding the
cancellation of the superintendent's contract.
(e) (h) If
the a teacher,
principal, or superintendent does not
request a conference under
subsection (b), this section, the
principal's
preliminary decision
regarding the discontinuation of the teacher's,
principal's, or superintendent's contract referred to in subsection
(a) is considered final.
(f) (i) For items listed in section (1)(e)(3), (1)(e)(4), or (1)(e)(6) of
this chapter, if the teacher,
principal, or superintendent 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
or, for a private conference under subsection (e),
with the president of the governing body, the teacher,
principal, or
superintendent 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,
principal's, or superintendent's contract.
(g) (j) For items listed in section (1)(e)(1), (1)(e)(2), (1)(e)(5), or
(1)(e)(7) of this chapter, if, not later than five (5) days after the initial
private conference with the superintendent
or, for a private
conference under subsection (e), with the president of the
governing body, the teacher,
principal, or superintendent files a
request with the governing body for an additional private conference,
the teacher,
principal, or superintendent is entitled to an additional
private conference with the governing body before the governing body
makes a final decision. The final decision must be in writing and must
be made not more than thirty (30) days after the governing body
receives the teacher's,
principal's, or superintendent's request for the
additional private conference. At the private conference the governing
body shall do the following:
(1) Allow the teacher,
principal, or superintendent to present
evidence to refute the reason or reasons for contract cancellation
and supporting evidence provided by the school corporation. Any
evidence presented at the private conference must have been
exchanged by the parties at least seven (7) days before the private
conference.
(2) Consider whether a preponderance of the evidence supports
the cancellation of the teacher's, principal's, or superintendent's
contract.
SOURCE: IC 20-28-7.5-3; (13)IN1339.1.45. -->
SECTION 45. IC 20-28-7.5-3, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. At the first public meeting following a private
conference with:
(1) the governing body under section 2(f) 2(i) of this chapter; or
(2) the superintendent or president of the governing body under
section 2(b), 2(c), or 2(d) of this chapter, 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.
SOURCE: IC 20-28-7.5-6; (13)IN1339.1.46. -->
SECTION 46. IC 20-28-7.5-6 IS REPEALED [EFFECTIVE JULY
1, 2013]. 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.
SOURCE: IC 20-28-7.5-7; (13)IN1339.1.47. -->
SECTION 47. IC 20-28-7.5-7, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) This chapter shall be construed to:
(1) limit the provisions of a collective bargaining agreement
negotiated under IC 20-29; and
(2) prohibit the negotiation of contracts that violate the
requirements of this chapter and IC 20-28-9-21 through
IC 20-28-9-23. IC 20-28-9-22.
(b) This chapter prohibits a school employer and an exclusive
representative (as defined in IC 20-29-2-9) from collectively bargaining
contracts that alter the requirements of this chapter and IC 20-28-9-21
through IC 20-28-9-23. IC 20-28-9-22.
(c) This chapter shall be construed to prohibit a school employer
and an exclusive representative from mutually agreeing to binding
arbitration concerning teacher dismissals.
SOURCE: IC 20-28-7.5-8; (13)IN1339.1.48. -->
SECTION 48. IC 20-28-7.5-8, AS ADDED BY P.L.90-2011,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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 August 1 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.
SOURCE: IC 20-28-9-1; (13)IN1339.1.49. -->
SECTION 49. IC 20-28-9-1, AS AMENDED BY P.L.229-2011,
SECTION 175, IS REPEALED [EFFECTIVE JULY 1, 2011
(RETROACTIVE)]. Sec. 1. (a) This subsection takes effect July 1,
2012, or upon the expiration of a contract in existence on July 1, 2011,
whichever is earlier, and governs salary increases for a teacher
employed by a school corporation on or after the date this subsection
takes effect. Compensation attributable to additional degrees or
graduate credits earned before the effective date of the local salary
schedule created under this chapter shall continue. Compensation
attributable to additional degrees for which a teacher has started course
work before July 1, 2011, and completed course work before
September 2, 2014, shall also continue.
(b) Increases or increments in a local salary scale must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than thirty-three percent (33%) of the
calculation used to determine a teacher's increase or increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the requirements
for employment; or
(ii) additional content area degrees and credit hours beyond
the requirements for employment, if required under an
agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including the
responsibility for conducting evaluations under IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the following
year if the teacher's employment contract is continued. The amount that
would otherwise have been allocated for the salary increase of teachers
rated ineffective or improvement necessary shall be allocated for
compensation of all teachers rated effective and highly effective based
on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under
subsection (c) may file a request with the superintendent or
superintendent's designee not later than five (5) days after receiving
notice that the teacher received a rating of ineffective. The teacher is
entitled to a private conference with the superintendent or
superintendent's designee.
(e) Not later than January 31, 2012, the department shall publish a
model salary schedule that a school corporation may adopt.
(f) Each school corporation shall submit its local salary schedule to
the department. The department shall publish the local salary schedules
on the department's Internet web site.
(g) The department shall report any noncompliance of this section
to the state board.
(h) The state board shall take appropriate action to ensure
compliance with this section.
(i) This chapter may not be construed to require or allow a school
corporation to decrease the salary of any teacher below the salary the
teacher was earning on or before July 1, 2012, if that decrease would
be made solely to conform to the new salary scale.
SOURCE: IC 20-28-9-1.5; (13)IN1339.1.50. -->
SECTION 50. IC 20-28-9-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011 (RETROACTIVE)]:
Sec. 1.5. (a) This
subsection applies to a contract in effect July 1, 2012, or upon the
expiration of a contract in existence on July 1, 2011, whichever is
earlier, and governs salary increases for a teacher employed by a
school corporation on or after the date this subsection takes effect.
Compensation attributable to additional degrees or graduate
credits earned before the effective date of the local salary schedule
created under this chapter shall continue. Compensation
attributable to additional degrees for which a teacher has started
course work before July 1, 2011, and completed course work
before September 2, 2014, shall also continue.
(b) Increases or increments in a local salary scale must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than thirty-three percent (33%) of the
calculation used to determine a teacher's increase or
increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the
requirements for employment; or
(ii) additional content area degrees and credit hours
beyond the requirements for employment, if required
under an agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under
IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including
the responsibility for conducting evaluations under
IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the
following year if the teacher's employment contract is continued.
The amount that would otherwise have been allocated for the
salary increase of teachers rated ineffective or improvement
necessary shall be allocated for compensation of all teachers rated
effective and highly effective based on the criteria in subsection (b).
(d) This subsection applies before July 1, 2013. A teacher who
does not receive a raise or increment under subsection (c) may file
a request with the superintendent or superintendent's designee not
later than five (5) days after receiving notice that the teacher
received a rating of ineffective. The teacher is entitled to a private
conference with the superintendent or superintendent's designee.
This subsection expires June 30, 2013.
(e) This subsection applies after June 30, 2013. A teacher who
does not receive a raise or increment under subsection (c) may file
a request with the superintendent or superintendent's designee not
later than five (5) days after receiving notice that the teacher
received a rating of improvement necessary or ineffective. The
teacher is entitled to a private conference with the superintendent
or superintendent's designee. A superintendent that does not
receive a raise or increment under subsection (c) may file a request
with the school board president not later than five (5) days after
receiving notice that the superintendent received a rating of
improvement necessary or ineffective. The superintendent is
entitled to a private conference with the school board president.
(f) Not later than January 31, 2012, the department shall
publish a model salary schedule that a school corporation may
adopt.
(g) This subsection applies before July 1, 2013. Each school
corporation shall submit its local salary schedule to the
department. The department shall publish the local salary
schedules on the department's Internet web site. This subsection
expires June 30, 2013.
(h) This subsection applies after June 30, 2013. Each school
corporation shall submit its compensation model to the department
by September 30 of each year. The local salary schedule should
include, but is not limited to, the school corporation's salary
schedule framework under which two (2) or more of the four (4)
legally permissible salary factors combine to determine increases,
increments, or raises for a teacher. A salary schedule must define
each of the applicable salary factors and quantify the weight
assigned to each salary factor. The department shall publish the
local salary schedules on the department's Internet web site.
(i) This subsection applies before July 1, 2013. The department
shall report any noncompliance with this section to the state board.
(j) This subsection applies after June 30, 2013. The:
(1) department;
(2) state board of accounts established under IC 5-11-1-1; and
(3) Indiana education employment relations board established
under IC 20-29-3-1;
shall report any noncompliance with this section to the state board.
(k) The state board shall take appropriate action to ensure
compliance with this section.
(l) This chapter may not be construed to require or allow a
school corporation to decrease the salary of any teacher below the
salary the teacher was earning on or before July 1, 2012, if that
decrease would be made solely to conform to the new salary scale.
(m) After June 30, 2011, all rights, duties, or obligations
established under IC 20-28-9-1 before its repeal are considered
rights, duties, or obligations under this section.
SOURCE: IC 20-28-9-18; (13)IN1339.1.51. -->
SECTION 51. IC 20-28-9-18, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 18. (a) Upon a teacher's written request, a
governing body shall withhold the requested amount of money from the
salary of the teacher for a purpose described in subsection (c).
(b) Upon a written request from a beneficiary of the Indiana state
teachers' retirement fund, a governing body may receive a given
amount of money for a purpose described in subsection (c).
(c) The governing body shall hold the amounts described in
subsections (a) and (b) and pay the amounts, as requested by the
teacher or the beneficiary, to an insurance company or other agency or
organization in Indiana that provides, extends, supervises, or pays for:
(1) insurance or other protection; or
(2) the establishment of or payment on an annuity account;
for the teacher. If a dividend accrues on a policy, the dividend shall be
paid or credited to the teacher.
(d) If less than twenty percent (20%) of the teachers employed by a
governing body request payment of the amounts described in
subsection (c) to a single recipient, withholding the amounts of money
for insurance, dues, or other purposes is discretionary with the
governing body.
(e) This section is not subject to collective bargaining under
IC 20-29-6-4.
SOURCE: IC 20-28-9-21; (13)IN1339.1.52. -->
SECTION 52. IC 20-28-9-21, AS AMENDED BY P.L.90-2011,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 21. (a) This section and sections section 22
through 23 of this chapter apply to the suspension of a teacher without
pay when the procedure for the cancellation of the teacher's contract
under IC 20-28-7.5 does not apply.
(b) A teacher may be suspended from duty without pay only for the
following reasons:
(1) Immorality.
(2) Insubordination, which means the willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties.
(5) Good and just cause.
SOURCE: IC 20-28-9-22; (13)IN1339.1.53. -->
SECTION 53. IC 20-28-9-22, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 22. 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) (6) 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) (7) 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)
(7) must be taken by the governing body on the date and at the time and
place specified in subdivision (1).
SOURCE: IC 20-28-9-23; (13)IN1339.1.54. -->
SECTION 54. IC 20-28-9-23 IS REPEALED [EFFECTIVE JULY
1, 2013].
Sec. 23. The governing body may appoint an agent (who is
not an employee of the school corporation but who may be a member
of the governing body or an attorney retained to administer the hearing
proceedings under this section) to issue subpoenas for the attendance
of witnesses for either party at the hearing under section 22 of this
chapter. A subpoena issued under this section shall be:
(1) served by the party who seeks to compel the attendance of a
witness; and
(2) upon application to the court by the party, enforced in the
manner provided by law for the service and enforcement of
subpoenas in a civil action.
SOURCE: IC 20-28-11.5-1; (13)IN1339.1.55. -->
SECTION 55. IC 20-28-11.5-1, AS ADDED BY P.L.90-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. As used in this chapter, "evaluator" means an
individual who conducts a staff performance evaluation. The term
includes may include a teacher who:
(1) has clearly demonstrated a record of effective teaching over
several years;
(2) is approved by the principal as qualified to evaluate under the
plan; and
(3) conducts staff performance evaluations as a significant part of
teacher's responsibilities.
SOURCE: IC 20-28-11.5-3; (13)IN1339.1.56. -->
SECTION 56. IC 20-28-11.5-3, AS ADDED BY P.L.172-2011,
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. As used in this chapter, "school
corporation" includes:
(1) a school corporation;
(2) a school created by an interlocal agreement under IC 36-1-7;
(3) a special education cooperative under IC 20-35-5; and
(4) a joint career and technical education program created under
IC 20-37-1.
However, for purposes of section 4(a) and 4(b) of this chapter, "school
corporation" includes a charter school, a virtual charter school, an
eligible school (as defined in IC 20-51-1-4.7).
SOURCE: IC 20-28-11.5-4; (13)IN1339.1.57. -->
SECTION 57. IC 20-28-11.5-4, AS ADDED BY P.L.90-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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) Instead of developing its own staff performance evaluation plan
under subsection (a), a school corporation may adopt a staff
performance evaluation plan that meets the requirements set forth in
this chapter or any of the following models:
(1) A plan using master teachers or contracting with an outside
vendor to provide master teachers.
(2) the System for Teacher and Student Advancement (TAP).
(3) The Peer Assistance and Review Teacher Evaluation System
(PAR).
(c) 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 from statewide assessments for
certificated employees whose responsibilities include
instruction in subjects measured in statewide assessments;
(B) methods for assessing student growth for certificated
employees who do not teach in areas measured by statewide
assessments; and
(C) student assessment results from locally developed
assessments and other test measures for certificated employees
whose responsibilities may or may not include instruction in
subjects and areas measured by statewide assessments.
(3) Rigorous measures of effectiveness, including observations
and other performance indicators.
(4) 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.
(5) An explanation of the evaluator's recommendations for
improvement, and the time in which improvement is expected.
(6) A provision that a teacher who negatively affects student
achievement and growth cannot receive a rating of highly
effective or effective.
(d) The evaluator shall discuss the evaluation with the certificated
employee.
SOURCE: IC 20-28-11.5-6; (13)IN1339.1.58. -->
SECTION 58. IC 20-28-11.5-6, AS ADDED BY P.L.90-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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) school
days in length to correct the deficiencies noted in the certificated
employee's evaluation. The remediation plan must 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.
(c) If at the end of the remediation plan, the deficiencies in the
certificated employee's evaluation are not corrected, the employee
must receive a rating of either ineffective or improvement
necessary.
(c) (d) A teacher who receives a rating of ineffective may file a
request for a private conference with the superintendent or the
superintendent's designee not later than five (5) days after receiving
notice that the teacher received a rating of ineffective. The teacher is
entitled to a private conference with the superintendent or
superintendent's designee.
(e) A superintendent who receives a rating of improvement
necessary or ineffective may file a request for a private conference
with the governing body not later than five (5) days after receiving
notice that the superintendent received a rating of improvement
necessary or ineffective. The superintendent is entitled to a private
conference with the governing body.
SOURCE: IC 20-28-11.5-8; (13)IN1339.1.59. -->
SECTION 59. IC 20-28-11.5-8, AS AMENDED BY P.L.160-2012,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (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(c)(4) of this chapter;
(B) the measures to be used to determine student academic
achievement and growth under section 4(c)(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 approved by the state board and provided to school
corporations. The subsequent version of the model plan
approved by the state board must be published on the
department's Internet web site.
(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) A school corporation may adopt the department's model plan, or
any other model plan approved by the department, without the state
board's approval.
(c) A school corporation may substantially modify the model plan
or develop the school corporation's own plan, if the substantially
modified or developed plan meets the criteria established under this
chapter. If a school corporation substantially modifies the model plan
or develops its own plan, the department may request that the school
corporation submit the plan to the department to ensure the plan meets
the criteria developed under this chapter. If the department makes such
a request, before submitting a substantially modified or new staff
performance evaluation plan to the department, the governing body
shall submit the staff performance evaluation plan to the teachers
employed by the school corporation for a vote. If at least seventy-five
percent (75%) of the voting teachers vote in favor of adopting the staff
performance evaluation plan, the governing body may submit the staff
performance evaluation plan to the department.
(d) Each school corporation shall submit its staff performance
evaluation plan to the department. The department shall publish the
staff performance evaluation plans on the department's Internet web
site. A school corporation must submit its staff performance evaluation
plan to the department for approval in order to qualify for any grant
funding related to this chapter.
SOURCE: IC 20-29-1-1; (13)IN1339.1.60. -->
SECTION 60. IC 20-29-1-1, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. The general assembly declares the following:
(1) The citizens of Indiana have a fundamental interest in the
development of harmonious and cooperative relationships
between school corporations and their certificated employees.
(2) Recognition by school employers of the right of school
employees to organize and acceptance of the principle and
procedure of collective bargaining between school employers and
school employee organizations can alleviate various forms of
strife and unrest.
(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 not operated for profit but
to ensure the citizens of Indiana rights guaranteed them by the
Constitution of the State of Indiana.
(B) The obligation to educate children and the methods by
which the education is effected will change rapidly with:
(i) increasing technology;
(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) In some situations, public school corporations have
different obligations concerning certificated school employees
under constitutional and statutory requirements than private
employers have to their employees.
SOURCE: IC 20-29-5-7; (13)IN1339.1.61. -->
SECTION 61. IC 20-29-5-7, AS ADDED BY P.L.48-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) This section does not apply to the
bargaining team for the exclusive representative. applies to any and
all discussion committees.
(b) The percentage of teacher positions the exclusive representative
may appoint to serve on a statutory or locally created district wide
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) The percentage of teacher positions the exclusive representative
may appoint to serve on a statutory or locally created school wide
committee may not exceed the percentage of teachers in the school 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 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.
(d) A committee to which this section applies may not address
subjects of bargaining under this article. A school employer's
appointment of a teacher to a committee is not an unfair practice as it
relates to the appointment of the teacher committee members.
(e) By September 15 of each school year, the local president or other
officer or designee of the exclusive representative shall certify by
affidavit to the school employer the number of teachers in each school
and in the entire school corporation who are members of the exclusive
representative.
SOURCE: IC 20-29-6-4; (13)IN1339.1.62. -->
SECTION 62. IC 20-29-6-4, AS AMENDED BY P.L.48-2011,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011 (RETROACTIVE)]: Sec. 4. (a) A school employer shall
bargain collectively with the exclusive representative on the following:
(1) Salary.
(2) Wages.
(3) Salary and wage related fringe benefits, including accident,
sickness, health, dental, vision, life, disability, retirement benefits,
and paid time off as permitted to be bargained under
IC 20-28-9-11.
(b) Salary and wages include the amounts of pay increases available
to employees under the salary scale adopted under IC 20-28-9-1,
IC 20-28-9-1.5, but do not include the teacher evaluation procedures
and criteria, or any components of the teacher evaluation plan, rubric,
or tool.
(c) This subsection applies after June 30, 2013. The
establishment of a voluntary sick day bank under IC 20-28-9-13
may be collectively bargained for under this section. However, the
terms of operation or procedures of a voluntary sick day bank may
not be collectively bargained for under this section.
SOURCE: IC 20-29-6-4.5; (13)IN1339.1.63. -->
SECTION 63. IC 20-29-6-4.5, AS ADDED BY P.L.48-2011,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4.5. (a) For a contract,
or any part of 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.
(2) Teacher dismissal procedures and criteria.
(3) 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.
(4) 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.
(5) Any subject not expressly listed in section 4 of this chapter.
(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 20-29-6-13; (13)IN1339.1.64. -->
SECTION 64. IC 20-29-6-13, AS AMENDED BY P.L.6-2012,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 13. (a) If, at any time after at least
sixty (60) days following the beginning of formal bargaining
collectively between the parties, an impasse is declared, the board shall
appoint a mediator from the board's staff or an ad hoc panel.
(b) The mediator shall begin mediation within fifteen (15) days after
the board receives notice of impasse.
(c) The mediation must consist of at least one (1) but not more than
three (3) mediation sessions and must result in one (1) of the following:
(1) An agreement between the parties on the items permitted to be
bargained under section 4 of this chapter.
(2) Each party's last best offer, including fiscal rationale, related
to items permitted to be bargained under section 4 of this chapter.
(d) Costs for the mediator shall be borne equally by the parties. Not
later than thirty (30) days after mediation has concluded, each
party shall pay the party's costs for mediation to the Indiana
education employment relations board established by IC 20-29-3-1.
(e) Mediation shall be completed within thirty (30) days.
SOURCE: IC 20-29-6-15.1; (13)IN1339.1.65. -->
SECTION 65. IC 20-29-6-15.1, AS ADDED BY P.L.229-2011,
SECTION 181, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 15.1. (a) If an agreement has not
been reached on the items permitted to be bargained collectively under
section 4 of this chapter, within fifteen (15) days after mediation under
section 13 of this chapter has ended, the board shall initiate factfinding.
(b) Factfinding must culminate in the factfinder imposing contract
terms on the parties. The factfinder must select one (1) party's last best
offer as the contract terms. The factfinder's order must be restricted to
only those items permitted to be bargained and included in the
collective bargaining agreement under section 4 of this chapter and
must not put the employer in a position of deficit financing (as defined
in IC 20-29-2-6). The factfinder's order may not impose terms beyond
those proposed by the parties in their last, best offers.
(c) Costs for the factfinder shall be borne equally by the parties. Not
later than thirty (30) days after mediation has concluded, each
party shall pay the party's costs for mediation to the Indiana
education employment relations board established by IC 20-29-3-1.
(d) Factfinding may not last longer than fifteen (15) days.
SOURCE: IC 20-29-6-16; (13)IN1339.1.66. -->
SECTION 66. IC 20-29-6-16, AS AMENDED BY P.L.229-2011,
SECTION 182, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. (a) If an agreement has not been
reached on the items to be bargained collectively by November 1, as
provided in IC 6-1.1-17-5, the parties shall continue the terms of the
current contract that is in effect, and the school employer may issue
tentative individual contracts and prepare its budget on that basis.
During this 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) Upon the expiration of the current contract that is in effect,
the school employer shall continue under the terms of the current
contract that is in effect, with no increase or increment in salary, wages,
or benefits for any bargaining unit employee until a new contract is
executed, unless continuation would put the school employer in a
position of deficit financing due to a reduction in the employer's actual
general fund revenue or an increase in an employer's expenditures
when the expenditures exceed the current year actual general fund
revenue.
(c) (b) The only parts of the contract that must continue under this
section are the items contained in the contract and listed in section 4 of
this chapter.
(d) (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 20-29-7-3; (13)IN1339.1.67. -->
SECTION 67. IC 20-29-7-3, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a)This chapter does not in any way restrict the
right of a:
(1) school employer; or
(2) school employee organization;
to bring suit for specific performance or breach of performance, or
both, of a collective bargaining contract in any court having
jurisdiction.
(b) A lawsuit for specific performance or breach of a collective
bargaining agreement under this chapter must be commenced in
the time period set forth in IC 34-11-2-14.
SOURCE: IC 20-29-7-5; (13)IN1339.1.68. -->
SECTION 68. IC 20-29-7-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 5. The hearing examiner or agent of the board that
determines the matter raised in the complaint shall assign the costs
of the hearing in proportion to the liability of the parties.
SOURCE: IC 20-29-8-7; (13)IN1339.1.69. -->
SECTION 69. IC 20-29-8-7, AS AMENDED BY P.L.229-2011,
SECTION 183, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 7. (a) When a factfinder is
requested or required under IC 20-29-6, the board shall appoint a
factfinder from the staff or panel established under section 6 of this
chapter.
(b) The factfinder shall make an investigation and hold hearings as
the factfinder considers necessary in connection with a dispute.
(c) The factfinder:
(1) may restrict the factfinder's findings to those issues that the
factfinder determines significant;
(2) must restrict the findings to the items listed in IC 20-29-6-4;
and
(3) may not impose terms beyond those proposed by the parties in
their last, best offers.
(d) The factfinder may use evidence furnished to the factfinder by:
(1) the parties;
(2) the board;
(3) the board's staff; or
(4) any other state agency.
(e) The factfinder shall conduct the factfinding hearing in public in
a room or facility owned by the county or local unit of government
located in the county in which the school employer is located, or if the
school employer is located in more than one (1) county, in the county
in which the greatest number of students who attend the school
employer's schools reside. The public hearing may begin not earlier
than October 1 in the first year of the state budget biennium and must
be concluded by December 31 of the same year.
(f) The factfinding process may not exceed
fifteen (15) thirty (30)
days from beginning to end, and not more than two (2) of those days
may be used for public testimony, which may be taken at the discretion
of the factfinder. During the public hearing, each party shall present
fully its last, best offer, including the fiscal rationale for the offer. Only
general operating funds and those funds certified by the department of
education and the department of local government finance may be
considered as a source of the funding for items, unless the school
funding formula allows other funds to be used for certain items.
(g) The factfinder shall make a recommendation as to the settlement
of the disputes over which the factfinder has jurisdiction.
(h) The factfinder shall:
(1) make the investigation, hearing, and findings as expeditiously
as the circumstances permit; and
(2) deliver the findings to the parties and to the board.
(i) The board, after receiving the findings and recommendations,
may make additional findings and recommendations to the parties
based on information in:
(1) the report; or
(2) the board's own possession.
The board may not make any recommendations to the parties related to
any items not specifically identified in IC 20-29-6-4.
(j) At any time within five (5) days after the findings and
recommendations are delivered to the board, the board may make the
findings and recommendations of the factfinder and the board's
additional findings and recommendations, if any, available to the
public through news media and other means the board considers
effective.
(k) The board shall make the findings and recommendations
described in subsection (j) available to the public not later than ten (10)
days after the findings and recommendations are delivered to the board.
SOURCE: IC 20-29-8-10.1; (13)IN1339.1.70. -->
SECTION 70. IC 20-29-8-10.1, AS ADDED BY P.L.229-2011,
SECTION 184, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 10.1. A person who has served as
a mediator in a dispute between a school employer and an exclusive
representative may not serve as a factfinder in a dispute arising in the
same school corporation within a period of five (5) two (2) years
except by the mutual consent of the parties.
SOURCE: IC 34-11-2-14; (13)IN1339.1.71. -->
SECTION 71. IC 34-11-2-14 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 14. A lawsuit for specific
performance or breach of a collective bargaining agreement under
IC 20-29-7 must be commenced within three (3) years after the
date of injury, or within three (3) years after the date on which the
plaintiff should have known of the injury, whichever date occurs
first.
SOURCE: ; (13)IN1339.1.72. -->
SECTION 72.
An emergency is declared for this act.