Citations Affected: IC 20-7.5-1; IC 20-17.
Synopsis: Employment of school employees. Allows noncertificated
school employees to engage in collective bargaining. Provides for
disciplinary procedures for noncertificated employees of a school
corporation. Provides certain procedural requirements before a
noncertificated employee of a school corporation may be discharged.
Effective: July 1, 2005.
January 18, 2005, read first time and referred to Committee on Education.
A BILL FOR AN ACT to amend the Indiana Code concerning
others for the following reasons:
(i) (A) A public school corporation is not operated for profit
but to insure ensure the citizens of the state rights guaranteed
them by the Indiana State Constitution of the State of
(ii) (B) The obligation to educate children and the methods by
which such education is effected will change rapidly with
increasing technology, the needs of an advancing civilization,
and requirements for substantial educational innovation.
(iii) (C) The Indiana general assembly has delegated the
discretion to carry out this changing and innovative
educational function to the local governing bodies of school
corporations, composed of citizens elected or appointed under
applicable law, a delegation which these bodies may not and
should not bargain away. and.
(iv) (D) Public school corporations have different obligations
with respect to certificated school employees under
constitutional and statutory requirements than private
employers have to their employees.
or who performs police or quasi-police powers.
(k) "School employee organization" means:
(1) for certificated employees,
any an organization which has
school employees as members and one (1) of whose primary
purposes is representing school employees in dealing with their
school employer; and
(2) for noncertificated employees, an organization that has school employees as members;
any a person or persons authorized to act on behalf of
(l) "Exclusive representative" means the school employee organization which has been certified for the purposes of this chapter by the board or recognized by a school employer as the exclusive representative of the employees in an appropriate unit as provided in section 10 of this chapter, or the person
or persons duly authorized to
act on behalf of such the representative.
(m) "Board" means the Indiana education employment relations board
provided created by this chapter.
(n) "Bargain collectively" means the performance of the mutual obligation of the school employer and the exclusive representative to meet at reasonable times to negotiate in good faith with respect to items enumerated in section 4 of this chapter and to execute a written contract incorporating
any an agreement relating to such those matters.
Such an obligation shall not include the final approval of any contract
concerning these or any other items. Agreements reached through
collective bargaining are binding as a contract only if ratified by the
governing body of the school corporation and the exclusive
representative. The obligation to bargain collectively does not require
the school employer or the exclusive representative to agree to a
proposal of the other or to make a concession to the other.
(o) "Discuss" means the performance of the mutual obligation of the school corporation through its superintendent and the exclusive representative to meet at reasonable times to discuss, to provide meaningful input, and to exchange points of view, with respect to items enumerated in section 5 of this chapter. This obligation shall not, however, require either party to enter into a contract, to agree to a proposal, or to require the making of a concession. A failure to reach an agreement on
any a matter of discussion shall not require the use of
any part of the impasse procedure, as provided in section 13 of this
chapter. Neither the obligation to bargain collectively nor to discuss
any matter shall prevent any school employee from petitioning the
school employer, the governing body, or the superintendent for a
redress of the employee's grievances either individually or through the
exclusive representative, nor shall either such obligation prevent the
school employer or the superintendent from conferring with
citizen, taxpayer, student, school employee, or other person considering
the operation of the schools and the school corporation.
(p) "Strike" means the concerted failure to report for duty, willful absence from one's position, stoppage of work, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, without the lawful approval of the school employer, or in any concerted manner interfering with the operation of the school employer for any purpose.
(q) "Deficit financing" with respect to any budget year shall mean expenditures in excess of money legally available to the employer.
Any items included in the 2003-2004 agreements between an
employer school corporation and an employee organization
continue to be bargainable.
(b) (c) Nothing shall prevent a superintendent or his the
superintendent's designee from making recommendations to the
(c) (d) This chapter may not be construed to limit the rights of the
school employer and the exclusive representative to mutually agree to
the matters authorized under IC 20-6.1-4-14.5.
IC 9-24-6-8 while driving a commercial motor vehicle.
(7) Conduct endangering the safety of the employee or another employee.
(8) Breach of a duty in connection with the employee's employment that is reasonably owed the employer by an employee.
(9) Conduct endangering the safety of students.
(10) Commission of child molesting (IC 35-42-4-3), child exploitation (IC 35-42-4-4(b)), vicarious sexual gratification (IC 35-42-4-5), child solicitation (IC 35-42-4-6), child seduction (IC 35-42-4-7(h)), or sexual misconduct with a minor (IC 35-42-4-9).
Sec. 7. "School corporation" has the meaning set forth in IC 20-7.5-1-2(a).
Chapter 2. Classification
Sec. 1. An employee may not attain classification seniority until completion of a probationary period of thirty (30) days, at which time classification seniority relates back to the employee's date of hire.
Sec. 2. If a permanent or prolonged reduction within any classification of employees is determined necessary by an employer, classification seniority shall be the determining factor in making the reduction and any subsequent recall from reduction.
Chapter 3. Representation
Sec. 1. An employee is entitled to representation by an employee organization or legal counsel, or both, during any proceeding under this article.
Chapter 4. Discipline and Discharge of Employees
Sec. 1. An employee may be disciplined before suspension or discharge only for just cause as enumerated in IC 20-17-1-6(1) through IC 20-17-1-6(8) and must be:
(1) informed in writing of all details of any offense or violation:
(A) with which the employee is charged; and
(B) that would constitute just cause for discipline; and
(2) given a reasonable time to correct the behavior constituting the identified offense or violation described in subdivision (1).
Sec. 2. A discharge may not take effect unless the employer, at least ten (10) days before the effective date of the discharge:
(1) provides the employee with written notice of all offenses or violations for which the employee is being discharged; and
(2) affords the employee an opportunity to request, in writing, a hearing before an impartial hearing examiner under IC 20-17-5.
Sec. 3. A request for a hearing under IC 20-17-5 must be made by an employee before the effective date of the discharge. If the employee fails to request the hearing, the employee is considered discharged on the effective date of the employer's written notice.
Sec. 4. If an employee requests a hearing under IC 20-17-5, the employer may suspend the employee with pay on the effective date of discharge, pending the determination of the hearing examiner.
Sec. 5. The employer may suspend, with pay and without notice, an employee pending discharge if:
(1) the employer reasonably believes the nature of the employee's misconduct warrants immediate suspension; or
(2) the suspension is for just cause as enumerated in IC 20-17-1-6(9) through IC 20-17-1-6(10).
In this instance, the employer shall afford to the employee the formal procedures described in section 1(1) of this chapter.
Chapter 5. Hearings
Sec. 1. Upon receipt of a written request by an employee subject to discharge as described in IC 20-17-4-2, the employer shall request the board to appoint a hearing examiner to preside over the hearing.
Sec. 2. A hearing examiner has the following duties:
(1) To give the notice required in section 3 of this chapter.
(2) To schedule the hearing at a specified date, time, and location, with the authority to postpone the date or time or change the location for good cause.
(3) To take charge of the hearing in accordance with IC 4-21.5-3-25 and IC 4-21.5-3-26, subject to this chapter.
(4) To render a written decision in the matter, including findings of fact and conclusions of law, that is:
(A) binding on all parties as of the date of the decision; and
(B) contains a notice of the right to seek review of the decision before the board.
(5) To file the original of the hearing examiner's findings, conclusions, decision, and record in the case with the board.
(6) To cause a copy of the hearing examiner's findings, conclusions, and decision to be served on each of the parties.
Sec. 3. The following constitutes the hearing procedure by which an employee may be discharged:
(1) The hearing examiner shall send notice to the parties of
the date, time, and location set for the hearing not more than
five (5) days after the hearing examiner's appointment by the
(2) The hearing examiner shall conduct the hearing under IC 4-21.5-3-25 and IC 4-21.5-3-26.
Sec. 4. A party to the hearing who is aggrieved by the decision of the hearing examiner may appeal the decision to the board as follows:
(1) Not more than twenty (20) days after the date the hearing examiner files the hearing examiner's findings, conclusions, and decision with the board, the party aggrieved by the decision may file a petition for review of the hearing examiner's findings, conclusions, or decision. The filing and pendency of a petition for review shall operate to stay the decision unless otherwise ordered by the board.
(2) The petition for review must be in writing and be filed with the board. At the same time, a copy of the petition for review must also be filed with the opposing party. The petition must specifically set forth the reasons for the objections of the aggrieved party to the decision of the hearing examiner.
(3) Not more than ten (10) days after the date on which the petition for review is filed with the board, a party to the proceeding before the hearing officer may file a reply to the petition for review with the board, with simultaneous service upon the opposing party. The reply must specifically set forth the party's reply to the objections of the aggrieved party to the decision of the hearing examiner.
(4) Not more than fifteen (15) days after the filing of a reply to the petition for review, if any, the board shall render a final decision consisting of the board's findings of fact, conclusions of law, and final order in the matter.
(5) A party to the board's final decision may seek judicial review under IC 4-21.5-5.
Sec. 5. The board may enforce the board's orders and take other appropriate action, including reinstating an employee with back pay.
Chapter 6. Construction
Sec. 1. This article may not be construed to limit the application of an agreement negotiated between:
(1) an employer; and
(2) the recognized representative of employees with a particular employer.