Citations Affected:
IC 5-10-8
;
IC 11-10-5
;
IC 16-33-4
;
IC 20-15-4
;
IC 20-16-4.
Synopsis: Institutional teachers. Provides that a retired state employee
who was employed as a teacher in a state institution by the department
of correction, the Indiana School for the Blind, the Indiana School for
the Deaf, or the Indiana Soldiers' and Sailors' Children's Home may
participate in a state employee health insurance plan if the retired
teacher was employed and participated in the employee's retirement
plan for 10 years immediately preceding retirement. Specifies that
teacher compensation paid by the department of correction, the Indiana
School for the Blind, the Indiana School for the Deaf, and the Indiana
Soldiers' and Sailors' Children's Home: (1) includes salary and other
wage and wage related benefits; and (2) must be equal to the salaries
and benefits paid by the largest school corporation in the county in
which the institution is located. Specifies a grievance procedure to be
followed by a teacher employed by a state institution. Makes
conforming amendments.
Effective: July 1, 2001.
January 17, 2001, read first time and referred to Committee on Education.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
42 U.S.C. 1395 et seq.; and
(5) who has at least ten (10) years of service credit as a
participant in the retirement fund of which the employee is a
member on or before the employee's retirement date, with at
least ten (10) years of that service credit completed
immediately preceding the participant's retirement.
(d) The state shall provide a group health insurance program to each
retired employee:
(1) who is a retired judge;
(2) whose retirement date is after June 30, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least eight (8) years of service credit as a
participant in the Indiana judges' retirement fund, with at least
eight (8) years of that service credit completed immediately
preceding the judge's retirement.
(d) (e) The state shall provide a group health insurance program to
each retired employee:
(1) who is a retired participant under the prosecuting attorneys
retirement fund;
(2) whose retirement date is after January 1, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least ten (10) years of service credit as a participant
in the prosecuting attorneys retirement fund, with at least ten (10)
years of that service credit completed immediately preceding the
participant's retirement.
(e) (f) The state shall make available a group health insurance
program to each former member of the general assembly or surviving
spouse of each former member, if the former member:
(1) is no longer a member of the general assembly;
(2) is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq. or, in the case of a surviving spouse, the
surviving spouse is not eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395, et. seq.; and
(3) has at least ten (10) years of service credit as a member in the
general assembly.
A former member or surviving spouse of a former member who obtains
insurance under this section is responsible for paying both the
employer and the employee share of the cost of the coverage.
concerning the minimum salary of teachers and membership in any
teachers' retirement fund plan. The commissioner or the
commissioner's designated representative shall annually determine:
(1) the salary schedule; and
(2) other wage and wage related benefits, including retirement
and severance benefits;
of the largest school corporation of the county in which each
correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe for each correctional institution, subject to approval by the
state personnel department and the budget agency:
(1) a salary schedule, for each correctional institution, using a
daily rate of pay for each teacher; and
(2) other wage and wage related benefits, including retirement
and severance benefits.
which The salary schedule and benefits prescribed under this
subsection must be equal to that those of the largest school corporation
in the county in which the correctional institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under the
schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution is
located becomes the largest school corporation in the county in which
the correctional institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
correctional institution is located without regard to whether the school
corporation in which the correctional institution is located remains the
largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule For
each correctional institution located in a county having a population of:
(1) more than fifteen thousand (15,000) but less than sixteen
thousand (16,000); or
(2) more than seventy-five thousand (75,000) but less than
seventy-eight thousand (78,000).
The salary schedule, using a daily rate of pay for each teacher, and
other wage and wage related benefits, including retirement and
severance benefits, must be equal to that those of the school
corporation in which the correctional institution is located.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 5. (a) If a teacher who is employed by the department
wishes to file a grievance concerning an action taken by the
teacher's employer, the grievance must be filed according to the
following procedure:
(1) The teacher may file a grievance with the teacher's
immediate supervisor not more than thirty (30) days after the
aggrieved action occurs.
(2) The supervisor shall respond to a grievance filed under
subdivision (1) not more than two (2) working days after the
supervisor receives the grievance.
(3) If the teacher is dissatisfied with the response under
subdivision (2), the teacher may file a written grievance with
the teacher's immediate supervisor.
(4) The supervisor shall respond to a written grievance filed
under subdivision (3) not more than four (4) working days
after the supervisor receives the written grievance.
(5) If the teacher is dissatisfied with the response under
subdivision (4), the teacher may file a written grievance with
the superintendent of the institution in which the teacher is
employed.
(6) The superintendent shall respond to a written grievance
filed under subdivision (5) not more than ten (10) days after
the superintendent receives the written grievance.
(7) If the teacher is dissatisfied with the response under
subdivision (6), the teacher may file a written grievance with
the state personnel director appointed under
IC 4-15-1.8-3
not
more than fifteen (15) days after the teacher receives the
response under subdivision (6).
(8) The state personnel director shall respond to a written
grievance filed under subdivision (7) not more than fifteen
(15) days after the state personnel director receives the
written grievance.
(9) If the teacher is dissatisfied with the response under
subdivision (8), the teacher may file a written grievance with
the state employees' appeals commission under 33 IAC 1 not
more than fifteen (15) days after the teacher receives the
response under subdivision (8).
(10) The state employees' appeals commission shall respond
to the written grievance filed under subdivision (9) not more
than thirty (30) days after the state employees' appeals
commission receives the written grievance.
(11) If the teacher is dissatisfied with the response under
subdivision (10), the teacher may submit the grievance to
arbitration not more than fifteen (15) days after the teacher
receives the response under subdivision (10).
(12) The arbitrator to which the grievance is submitted under
subdivision (11) shall hold a hearing and shall render a
decision not more than thirty (30) days after the hearing.
(b) An arbitrator to which a grievance is submitted under
subsection (a)(11) must be selected from:
(1) the American Arbitration Association; or
(2) the Federal Mediation and Conciliation Service if an
arbitrator is not available from the American Arbitration
Association;
according to selection procedures established by the arbitrator's
association or service.
(c) Costs of arbitration under this section shall be shared
equally by the employer and the teacher or the teacher's
association.
(d) If the employer does not comply with the timelines set forth
under subsection (a), the teacher prevails.
(e) A teacher who files a grievance under this section may
choose a representative to represent the teacher in the grievance
process under subsection (a).
with
IC 4-15-2.
SECTION 6.
IC 16-33-4-10.6
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 10.6. (a) This section applies to a
teacher who is employed by the home to teach at a school
maintained by the home under section 9 or 10 of this chapter.
(b) If a teacher wishes to file a grievance concerning an action
taken by the home, the grievance must be filed according to the
following procedure:
(1) The teacher may file a grievance with the teacher's
immediate supervisor not more than thirty (30) days after the
aggrieved action occurs.
(2) The supervisor shall respond to a grievance filed under
subdivision (1) not more than two (2) working days after the
supervisor receives the grievance.
(3) If the teacher is dissatisfied with the response under
subdivision (2), the teacher may file a written grievance with
the teacher's immediate supervisor.
(4) The supervisor shall respond to a written grievance filed
under subdivision (3) not more than four (4) working days
after the supervisor receives the written grievance.
(5) If the teacher is dissatisfied with the response under
subdivision (4), the teacher may file a written grievance with
the superintendent of the home.
(6) The superintendent shall respond to a written grievance
filed under subdivision (5) not more than ten (10) days after
the superintendent receives the written grievance.
(7) If the teacher is dissatisfied with the response under
subdivision (6), the teacher may file a written grievance with
the state personnel director appointed under
IC 4-15-1.8-3
not
more than fifteen (15) days after the teacher receives the
response under subdivision (6).
(8) The state personnel director shall respond to a written
grievance filed under subdivision (7) not more than fifteen
(15) days after the state personnel director receives the
written grievance.
(9) If the teacher is dissatisfied with the response under
subdivision (8), the teacher may file a written grievance with
the state employees' appeals commission under 33 IAC 1 not
more than fifteen (15) days after the teacher receives the
response under subdivision (8).
(10) The state employees' appeals commission shall respond
to the written grievance filed under subdivision (9) not more
than thirty (30) days after the state employees' appeals
commission receives the written grievance.
(11) If the teacher is dissatisfied with the response under
subdivision (10), the teacher may submit the grievance to
arbitration not more than fifteen (15) days after the teacher
receives the response under subdivision (10).
(12) The arbitrator to which the grievance is submitted under
subdivision (11) shall hold a hearing and shall render a
decision not more than thirty (30) days after the hearing.
(c) An arbitrator to which a grievance is submitted under
subsection (b)(11) must be selected from:
(1) the American Arbitration Association; or
(2) the Federal Mediation and Conciliation Service if an
arbitrator is not available from the American Arbitration
Association;
according to selection procedures established by the arbitrator's
association or service.
(d) Costs of arbitration under this section shall be shared
equally by the home and the teacher or the teacher's association.
(e) If the home does not comply with the timelines set forth
under subsection (b), the teacher prevails.
(f) A teacher who files a grievance under this section may choose
a representative to represent the teacher in the grievance process
under subsection (b).
subdivision (10), the teacher may submit the grievance to
arbitration not more than fifteen (15) days after the teacher
receives the response under subdivision (10).
(12) The arbitrator to which the grievance is submitted under
subdivision (11) shall hold a hearing and shall render a
decision not more than thirty (30) days after the hearing.
(b) An arbitrator to which a grievance is submitted under
subsection (a)(11) must be selected from:
(1) the American Arbitration Association; or
(2) the Federal Mediation and Conciliation Service if an
arbitrator is not available from the American Arbitration
Association;
according to selection procedures established by the arbitrator's
association or service.
(c) Costs of arbitration under this section shall be shared
equally by the school and the teacher or the teacher's association.
(d) If the school does not comply with the timelines set forth
under subsection (a), the teacher prevails.
(e) A teacher who files a grievance under this section may
choose a representative to represent the teacher in the grievance
process under subsection (a).
the grievance must be filed according to the following procedure:
(1) The teacher may file a grievance with the teacher's
immediate supervisor not more than thirty (30) days after the
aggrieved action occurs.
(2) The supervisor shall respond to a grievance filed under
subdivision (1) not more than two (2) working days after the
supervisor receives the grievance.
(3) If the teacher is dissatisfied with the response under
subdivision (2), the teacher may file a written grievance with
the teacher's immediate supervisor.
(4) The supervisor shall respond to a written grievance filed
under subdivision (3) not more than four (4) working days
after the supervisor receives the written grievance.
(5) If the teacher is dissatisfied with the response under
subdivision (4), the teacher may file a written grievance with
the superintendent.
(6) The superintendent shall respond to a written grievance
filed under subdivision (5) not more than ten (10) days after
the superintendent receives the written grievance.
(7) If the teacher is dissatisfied with the response under
subdivision (6), the teacher may file a written grievance with
the state personnel director appointed under
IC 4-15-1.8-3
not
more than fifteen (15) days after the teacher receives the
response under subdivision (6).
(8) The state personnel director shall respond to a written
grievance filed under subdivision (7) not more than fifteen
(15) days after the state personnel director receives the
written grievance.
(9) If the teacher is dissatisfied with the response under
subdivision (8), the teacher may file a written grievance with
the state employees' appeals commission under 33 IAC 1 not
more than fifteen (15) days after the teacher receives the
response under subdivision (8).
(10) The state employees' appeals commission shall respond
to the written grievance filed under subdivision (9) not more
than thirty (30) days after the state employees' appeals
commission receives the written grievance.
(11) If the teacher is dissatisfied with the response under
subdivision (10), the teacher may submit the grievance to
arbitration not more than fifteen (15) days after the teacher
receives the response under subdivision (10).
(12) The arbitrator to which the grievance is submitted under
subdivision (11) shall hold a hearing and shall render a
decision not more than thirty (30) days after the hearing.
(b) An arbitrator to which a grievance is submitted under
subsection (a)(11) must be selected from:
(1) the American Arbitration Association; or
(2) the Federal Mediation and Conciliation Service if an
arbitrator is not available from the American Arbitration
Association;
according to selection procedures established by the arbitrator's
association or service.
(c) Costs of arbitration under this section shall be shared
equally by the school and the teacher or the teacher's association.
(d) If the school does not comply with the timelines set forth
under subsection (a), the teacher prevails.
(e) A teacher who files a grievance under this section may
choose a representative to represent the teacher in the grievance
process under subsection (a).