Introduced Version
SENATE BILL No. 32
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-28; IC 20-29-6.
Synopsis: Teacher and school administrator contracts. Requires a
school corporation to take action not later than June 1: (1) to cancel an
indefinite contract with a permanent or semipermanent teacher; or (2)
to refuse to renew a contract with a nonpermanent teacher, a
superintendent, an assistant superintendent, a principal, or an assistant
principal. Limits the number of teachers that the exclusive
representative may appoint to serve on statutory or locally created
committees of a school corporation. Limits language in the teachers'
collective bargaining law that prohibits a school employer from
unilaterally changing the terms and conditions of employment (if no
agreement on those terms and conditions has been reached 14 days
before the school employer submits a budget) to items that must be
bargained collectively.
Effective: July 1, 2007.
Kenley
January 8, 2007, read first time and referred to Committee on Education and Career
Development.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 32
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 20-28-7-1; (07)IN0032.1.1. -->
SECTION 1. IC 20-28-7-1, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 1. (a) An indefinite contract with a permanent teacher may
be canceled in the manner specified in sections 3 through 5 of this
chapter only for one (1) or more of the following grounds:
(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) Incompetence.
(5) Justifiable decrease in the number of teaching positions.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good and just cause.
When the cause of cancellation is a ground set forth in subdivision (1),
(2), or (6), the cancellation is effective immediately. When the cause
of cancellation is a ground set forth in subdivision (3), (4), (5), or (7),
the school corporation must consider and vote on the cancellation
not later than June 1 each year, and the cancellation is effective at
the end of the school term following the cancellation.
(b) An indefinite contract may not be canceled for political or
personal reasons.
SOURCE: IC 20-28-7-2; (07)IN0032.1.2. -->
SECTION 2. IC 20-28-7-2, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 2. (a) An indefinite contract with a semipermanent teacher
may be canceled in the manner specified in sections 3 through 5 of this
chapter only for one (1) or more of the following grounds:
(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) Substantial inability to perform teaching duties.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the school
corporation.
(8) A conviction for an offense listed in IC 20-28-5-8(c).
(b) An indefinite contract with a semipermanent teacher may not be
canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinite
contract, the principal of the school at which the teacher teaches must
provide the teacher with a written evaluation of the teacher's
performance before January 1 of each year. Upon the request of a
semipermanent teacher, delivered in writing to the principal not later
than thirty (30) days after the teacher receives the evaluation required
by this section, the principal must provide the teacher with an
additional written evaluation.
(d) When the cancellation of a semipermanent teacher's
indefinite contract is a ground listed in subsection (a)(1), (a)(2), or
(a)(8), the cancellation is effective immediately after the school
corporation's vote on the contract.
(e) When the cancellation of a semipermanent teacher's
indefinite contract is a ground listed in subsection (a)(3), (a)(4),
(a)(5), (a)(6), or (a)(7), the school corporation must consider and
vote on the cancellation not later than June 1 each year, and the
cancellation is effective at the end of the school term following the
cancellation.
SOURCE: IC 20-28-7-9; (07)IN0032.1.3. -->
SECTION 3. IC 20-28-7-9, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 9. Before a teacher is refused continuation of the contract
under section 8 of this chapter, the teacher has the following rights,
which shall be strictly construed:
(1) The principal of the school at which the teacher teaches must
provide the teacher with an annual written evaluation of the
teacher's performance before January 1 of each year. Upon the
request of a nonpermanent teacher, delivered in writing to the
principal not later than thirty (30) days after the teacher receives
the evaluation required by this section, the principal shall provide
the teacher with an additional written evaluation.
(2) On or before May 1, Not later than June 1, the school
corporation shall notify the teacher that the governing body will
consider nonrenewal of the contract for the next school term. The
notification must be:
(A) written; and
(B) delivered in person or mailed by registered or certified
mail to the teacher at the teacher's last known address.
(3) Upon the request of the teacher, and not later than fifteen (15)
days after the teacher's receipt of the notice of the consideration
of contract nonrenewal, the governing body or the superintendent
of the school corporation shall provide the teacher with a written
statement, which:
(A) may be developed in an executive session; and
(B) is not a public document;
giving the reasons for the nonrenewal of the teacher's contract.
SOURCE: IC 20-28-8-3; (07)IN0032.1.4. -->
SECTION 4. IC 20-28-8-3, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 3. (a) Before February 1 Not later than June 1 of the year
during which the contract of an assistant superintendent, a principal, or
an assistant principal is due to expire, the governing body of the school
corporation, or an employee at the direction of the governing body,
shall give written notice of renewal or refusal to renew the individual's
contract for the ensuing school year.
(b) If notice is not given before February 1 June 2 of the year during
which the contract is due to expire, the contract then in force shall be
reinstated only for the ensuing school year.
(c) This section does not prevent the modification or termination of
a contract on any date by mutual agreement of the assistant
superintendent, the principal, or the assistant principal and the
governing body.
SOURCE: IC 20-28-8-7; (07)IN0032.1.5. -->
SECTION 5. IC 20-28-8-7, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 7. A superintendent's contract terminates on the following
dates and under the following conditions only:
(1) On any date, if the governing body and the superintendent
mutually consent.
(2) Before the expiration date set forth in the contract, if the
governing body terminates the contract for cause under a statute
that sets forth causes for dismissal of teachers. However, the
governing body must give the superintendent proper notice and,
if the superintendent requests a hearing at least ten (10) days
before the termination, must grant the superintendent a hearing at
an official meeting of the governing body.
(3) On the expiration date set forth in the contract, if the
governing body not later than January June 1 of the year in which
the contract expires gives notice to the superintendent in writing,
delivered in person or by registered mail.
(4) On the expiration date set forth in the contract, if the
superintendent not later than January June 1 of the year in which
the contract expires gives proper notice in writing to the
governing body.
SOURCE: IC 20-29-6-7; (07)IN0032.1.6. -->
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,
2007]: 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, subject to subdivision (10) concerning
membership of teachers on a textbook adoption advisory
committee.
(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.
(10) Subject to subsection (d), appointment by the exclusive
representative of teachers to serve on statutory or locally
created committees of the school corporation.
(c) Items included in the 1972-1973 agreements between an
employer school corporation and the school employee organization
continue to be bargainable.
(d) A contract entered into that provides for the appointment of
teachers to serve on statutory or locally created committees under
subsection (b)(10) must provide that the percentage of teacher
positions the exclusive representative may appoint to serve on a
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.
SOURCE: IC 20-29-6-16; (07)IN0032.1.7. -->
SECTION 7. IC 20-29-6-16, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 16. (a) If an agreement has not been reached on
the items to be bargained collectively fourteen (14) days before the
submission date of a budget by a school employer, the parties shall
continue the status quo only for the items that must be bargained
collectively under section 4 of this chapter, and the school employer
may issue tentative individual contracts and prepare its budget on that
basis. During this status quo 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
that are items that must be bargained collectively under section 4
of this chapter.
(b) 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: ; (07)IN0032.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2007] (a) IC 20-29-6-7(b)(10),
as added by this act, applies only to a collective bargaining
agreement between an employer school corporation and an
exclusive representative that is entered into after June 30, 2007.
(b) This SECTION expires June 30, 2011.
SOURCE: ; (07)IN0032.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2007]
(a) Notwithstanding
IC 20-28-7-1, IC 20-28-7-2, IC 20-28-7-9, IC 20-28-8-3, and
IC 20-28-8-7, all as amended by this act, the requirement that a
school corporation take action not later than June 1 to:
(1) cancel an indefinite contract with a permanent or
semipermanent teacher; or
(2) refuse to renew a contract with a nonpermanent teacher,
a superintendent, an assistant superintendent, a principal, or
an assistant principal;
applies beginning with the cancellation or nonrenewal of a contract
with respect to employment during the 2008-2009 school year.
(b) This SECTION expires June 30, 2009.