Citations Affected:
IC 20-6.1-4-26.
Synopsis: Teacher dismissal from extracurricular duties. Provides
procedures, including a hearing, that the governing body of a school
corporation must follow to dismiss a teacher from an extracurricular
assignment, including coaching duties.
Effective: July 1, 2000.
November 18, 1999, read first time and referred to Committee on Education.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
SECTION 1.
IC 20-6.1-4-26
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 26. (a) This section governs the dismissal of a
permanent or semi-permanent teacher from an extracurricular
assignment, including coaching duties.
(b) The governing body of a school corporation shall adopt
guidelines concerning the grounds for dismissing a teacher from an
extracurricular assignment. The reasons may include the
following:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Incompetency or an inability to perform the
extracurricular assignment.
(5) Justifiable decrease in the number of extracurricular
assignments.
(6) A conviction for:
(A) rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age;
(B) criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age;
(C) child molesting (IC 35-42-4-3);
(D) child exploitation (IC 35-42-4-4(b));
(E) vicarious sexual gratification (IC 35-42-4-5);
(F) child solicitation (IC 35-42-4-6);
(G) child seduction (IC 35-42-4-7); or
(H) incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
(7) Other good and just cause, including the best interest of
the school corporation.
(c) Pending a decision on dismissal of a teacher from an
extracurricular assignment, the governing body may suspend the
teacher from performing the extracurricular assignment. However,
while a teacher is suspended, the governing body may not withhold
from the teacher's salary payments or other employment related
benefits that the teacher was entitled to receive before the
suspension.
(d) The following procedures must be followed to dismiss a
permanent or semi-permanent teacher from an extracurricular
assignment:
(1) The governing body shall notify the teacher in writing of
the date, time, and place for the consideration by the school
corporation of dismissing the teacher from an extracurricular
assignment. This notification must occur not more than forty
(40) days nor less than thirty (30) days before the
consideration of dismissal.
(2) The governing body shall furnish the teacher, within five
(5) days after a written request from the teacher, a written
statement of the reasons for the consideration of dismissal.
(3) The teacher may file a written request for a hearing within
fifteen (15) days after receipt of the notice of the consideration
of dismissal.
(4) If the teacher files a request for a hearing, the teacher
shall be given a hearing before the governing body on a day
not earlier than five (5) days after filing of the request.
(5) The governing body shall give the teacher at least five (5)
days notice of the time and place of the hearing.