Introduced Version






SENATE BILL No. 426

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-29.

Synopsis: Collective bargaining for school employees. Provides that school employers and noncertificated school employees have the right and obligation to discuss certain topics related to school employment and may (but are not required to) bargain collectively, negotiate, be subject to or enter into impasse procedures, or enter into a written contract. Provides that items included in a 2004-2005 agreement or a subsequent agreement between a school employer and employee organization of noncertificated school employees continue to be bargainable. Makes conforming changes.

Effective: July 1, 2011.





Skinner




    January 12, 2011, read first time and referred to Committee on Pensions and Labor.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 426



    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 20-29-1-1; (11)IN0426.1.1. -->     SECTION 1. IC 20-29-1-1, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 or discussion, or both, 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) Public school corporations have different obligations concerning certificated school employees under constitutional and statutory requirements than private employers have to their employees.

SOURCE: IC 20-29-2-13; (11)IN0426.1.2. -->     SECTION 2. IC 20-29-2-13, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. "School employee" means a full-time certificated person in the employment of the school employer or a noncertificated person in the employment of the school employer. A school employee is considered full time even though the employee does not work during school vacation periods and accordingly works less than a full year. The term does not include:
        (1) supervisors;
        (2) confidential employees; and
        (3) employees performing security work. and
        (4) noncertificated employees.
SOURCE: IC 20-29-6-0.1; (11)IN0426.1.3. -->     SECTION 3. IC 20-29-6-0.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The amendments to IC 20-29-1-1, IC 20-29-2-13, and sections 1, 4, and 7 of this chapter by the enrolled act enacted in 2011 do not:
        (1) apply to or abrogate a collective bargaining agreement or memorandum of understanding; or
        (2) preclude arbitration on a provision in a collective bargaining agreement or memorandum of understanding;
in effect on June 30, 2011.
    (b) This section expires December 31, 2013.

SOURCE: IC 20-29-6-1; (11)IN0426.1.4. -->     SECTION 4. IC 20-29-6-1, AS ADDED BY P.L.1-2005, SECTION

13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) School employers and certificated school employees shall:
        (1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter;
        (2) have the right and obligation to discuss any item set forth in section 7 of this chapter; and
        (3) enter into a contract embodying any of the matters on which they have bargained collectively.
     (b) School employers and noncertificated school employees:
        (1) have the right and obligation to discuss any item set forth in section 7(d) of this chapter; and
        (2) may (but are not required to):
            (A) bargain collectively:
            (B) negotiate;
            (C) be subject to or enter into impasse procedures; or
            (D) enter into a written contract.

SOURCE: IC 20-29-6-4; (11)IN0426.1.5. -->     SECTION 5. IC 20-29-6-4, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. A school employer shall bargain collectively with the exclusive representative of certificated employees on the following:
        (1) Salary.
        (2) Wages.
        (3) Hours.
        (4) Salary and wage related fringe benefits, including accident, sickness, health, dental, or other benefits under IC 20-26-5-4 that were subjects of bargaining on July 1, 2001.
SOURCE: IC 20-29-6-7; (11)IN0426.1.6. -->     SECTION 6. IC 20-29-6-7, AS ADDED BY P.L.1-2005, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) A school employer shall discuss with the exclusive representative of certificated employees the items listed in subsection (b).
    (b) A school employer may, but is not required to, bargain collectively, negotiate, or enter into a written contract concerning, be subject to, or enter into impasse procedures on the following matters:
        (1) Working conditions, other than those provided in section 4 of this chapter.
        (2) Curriculum development and revision.
        (3) Textbook selection.
        (4) Teaching methods.
        (5) Hiring, promotion, demotion, transfer, assignment, and retention of certificated employees, and changes to any of the

requirements set forth in IC 20-28-6 through IC 20-28-8.
        (6) Student discipline.
        (7) Expulsion or supervision of students.
        (8) Pupil/teacher ratio.
        (9) Class size or budget appropriations.
    (c) Items included in the 1972-1973 agreements between an employer school corporation and the school employee organization continue to be bargainable.
     (d) A school employer shall discuss with the exclusive representative of noncertificated employees and may (but is not required to) bargain collectively, negotiate, be subject to or enter into impasse procedures, or enter into a written contract concerning the following matters:
        (1) Salary, wages, hours, and wage related fringe benefits.
        (2) Working and safety conditions.
        (3) Procedures for selection, assignment, promotion, or discipline of personnel.
        (4) Procedures for student discipline.
    (e) Any items included in the 2004-2005 agreement or a subsequent agreement between an employer school corporation and employee organization of noncertificated employees continue to be bargainable.