Bill Text: IN HB1012 | 2010 | Regular Session | Introduced
Bill Title: Subjects of educational discussion and bargaining.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Labor and Employment [HB1012 Detail]
Download: Indiana-2010-HB1012-Introduced.html
Introduced Version
HOUSE BILL No. 1012
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-25-16-1; IC 20-29.
Synopsis: Subjects of educational discussion and bargaining.
Removes the requirements that: (1) items included in the 1972-1973
collective bargaining agreement between an employer school
corporation and the school employee organization continue to be
subjects for collective bargaining; and (2) a school employer shall
bargain collectively regarding hours of employment with the exclusive
representative of certificated school employees of the school employer.
Repeals language: (1) requiring a school employer to discuss certain
items relating to school employment, teaching methods, textbooks, and
students with the exclusive representative of certificated school
employees of the school employer; and (2) concerning
recommendations from a school superintendent to the school employer.
Provides that a collective bargaining agreement in effect on June 30,
2010, is not affected by the removal or repeal of these requirements.
Makes conforming amendments.
Effective: July 1, 2010.
Torr
January 5, 2010, read first time and referred to Committee on Labor and Employment.
Introduced
Second Regular Session 116th General Assembly (2010)
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1012
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-25-16-1; (10)IN1012.1.1. -->
SECTION 1. IC 20-25-16-1, AS AMENDED BY P.L.2-2006,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1. To provide the board with the
necessary flexibility and resources to carry out this article, the
following apply:
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city.except for the provision of
IC 20-29-6-7(a) that requires any items included in the 1972-1973
agreements between an employer school corporation and an
employee organization to continue to be bargainable.
(3) The board may waive the following statutes and rules for any school in the school city without administrative, regulatory, or legislative approval:
(A) The following rules concerning curriculum and instructional time:
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(C) The following statutes and rules concerning textbooks and rules adopted under the statutes:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-1
IC 20-26-12-2
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
511 IAC 6.1-5-5.
(D) 511 IAC 6.1-4-2 concerning school principals.
(4) Notwithstanding any other law, a school city may do the following:
(A) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school city purpose.
(B) Establish a professional development and technology fund to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or local government taxation to any account of the school corporation, including a professional development and technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general fund and the school transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund and the school transportation fund after a transfer occurs under this subdivision may not exceed the sum of the property tax rates for the general fund and the school transportation fund before a transfer occurs under this subdivision.
(B) This subdivision does not allow a school corporation to transfer to any other fund money from the debt service fund.
(1) The board may:
(A) eliminate or modify existing policies;
(B) create new policies; and
(C) alter policies;
subject to this article and the plan developed under IC 20-25-10.
(2) IC 20-29 applies to the school city.
(3) The board may waive the following statutes and rules for any school in the school city without administrative, regulatory, or legislative approval:
(A) The following rules concerning curriculum and instructional time:
511 IAC 6.1-3-4
511 IAC 6.1-5-0.5
511 IAC 6.1-5-1
511 IAC 6.1-5-2.5
511 IAC 6.1-5-3.5
511 IAC 6.1-5-4.
(B) 511 IAC 6.1-4-1 concerning student/teacher ratios.
(C) The following statutes and rules concerning textbooks and rules adopted under the statutes:
IC 20-20-5-1 through IC 20-20-5-4
IC 20-20-5-23
IC 20-26-12-1
IC 20-26-12-2
IC 20-26-12-24
IC 20-26-12-26
IC 20-26-12-28
511 IAC 6.1-5-5.
(D) 511 IAC 6.1-4-2 concerning school principals.
(4) Notwithstanding any other law, a school city may do the following:
(A) Lease school transportation equipment to others for nonschool use when the equipment is not in use for a school city purpose.
(B) Establish a professional development and technology fund to be used for:
(i) professional development; or
(ii) technology, including video distance learning.
(C) Transfer funds obtained from sources other than state or local government taxation to any account of the school corporation, including a professional development and technology fund established under clause (B).
(5) Transfer funds obtained from property taxation to the general fund and the school transportation fund, subject to the following:
(A) The sum of the property tax rates for the general fund and the school transportation fund after a transfer occurs under this subdivision may not exceed the sum of the property tax rates for the general fund and the school transportation fund before a transfer occurs under this subdivision.
(B) This subdivision does not allow a school corporation to transfer to any other fund money from the debt service fund.
SOURCE: IC 20-29-4-1; (10)IN1012.1.2. -->
SECTION 2. IC 20-29-4-1, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 1. School employees may:
(1) form, join, or assist school employee organizations;
(2) participate in collective bargaining with school employers through representatives of their own choosing; and
(3) engage in other activities, individually or in concert;
to establish, maintain, or improve salaries, wages, hours, salary and wage related fringe benefits, and other matters set forth in IC 20-29-6-4 and IC 20-29-6-5.and IC 20-29-6-7.
(1) form, join, or assist school employee organizations;
(2) participate in collective bargaining with school employers through representatives of their own choosing; and
(3) engage in other activities, individually or in concert;
to establish, maintain, or improve salaries, wages, hours, salary and wage related fringe benefits, and other matters set forth in IC 20-29-6-4 and IC 20-29-6-5.
SOURCE: IC 20-29-4-3; (10)IN1012.1.3. -->
SECTION 3. IC 20-29-4-3, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 3. School employers have the responsibility and authority
to manage and direct on behalf of the public the operations and
activities of the school corporation to the full extent authorized by law,
including but not limited to the following:
(1) Direct the work of the school employer's employees.
(2) Establish policy through procedures established in IC 20-29-6-4 and IC 20-29-6-5.and IC 20-29-6-7.
(3) Hire, promote, demote, transfer, assign, and retain employees through procedures established in IC 20-29-6-4 and IC 20-29-6-5.and IC 20-29-6-7.
(4) Suspend or discharge employees in accordance with applicable law through procedures established in IC 20-29-6-4 and IC 20-29-6-5.and IC 20-29-6-7.
(5) Maintain the efficiency of school operations.
(6) Relieve employees from duties because of lack of work or other legitimate reason through procedures established in IC 20-29-6-4 and IC 20-29-6-5.and IC 20-29-6-7.
(7) Take actions necessary to carry out the mission of the public schools as provided by law.
(1) Direct the work of the school employer's employees.
(2) Establish policy through procedures established in IC 20-29-6-4 and IC 20-29-6-5.
(3) Hire, promote, demote, transfer, assign, and retain employees through procedures established in IC 20-29-6-4 and IC 20-29-6-5.
(4) Suspend or discharge employees in accordance with applicable law through procedures established in IC 20-29-6-4 and IC 20-29-6-5.
(5) Maintain the efficiency of school operations.
(6) Relieve employees from duties because of lack of work or other legitimate reason through procedures established in IC 20-29-6-4 and IC 20-29-6-5.
(7) Take actions necessary to carry out the mission of the public schools as provided by law.
SOURCE: IC 20-29-6-1; (10)IN1012.1.4. -->
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,
2010]: Sec. 1. School employers and school employees shall:
(1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter; and
(2) have the right and obligation to discuss any item set forth in
section 7 of this chapter; and
(3) (2) enter into a contract embodying any of the matters on
which they have bargained collectively.
(1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter; and
SOURCE: IC 20-29-6-4; (10)IN1012.1.5. -->
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,
2010]: Sec. 4. A school employer shall bargain collectively with the
exclusive representative on the following:
(1) Salary.
(2) Wages.
(3) Hours.
(4) (3) 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 20-29-6-9; (10)IN1012.1.6. -->
SECTION 6. IC 20-29-6-9, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 9. The obligation to bargain collectively or discuss a matter
does not prevent:
(1) a school employee from petitioning the school employer, governing body, or superintendent for a redress of the employee's grievances, either individually or through the exclusive representative; or
(2) the school employer or superintendent from conferring with a citizen, taxpayer, student, school employee, or other person considering the operation of the schools and the school corporation.
(1) a school employee from petitioning the school employer, governing body, or superintendent for a redress of the employee's grievances, either individually or through the exclusive representative; or
(2) the school employer or superintendent from conferring with a citizen, taxpayer, student, school employee, or other person considering the operation of the schools and the school corporation.
SOURCE: IC 20-29-7-1; (10)IN1012.1.7. -->
SECTION 7. IC 20-29-7-1, AS ADDED BY P.L.1-2005, SECTION
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 1. It is an unfair practice for a school employer to do any
of the following:
(1) Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.
(3) Encourage or discourage membership in any school employee organization through discrimination in regard to:
(A) hiring;
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.
(5) Refuse to
(A) bargain collectively or
(B) discuss;
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
(1) Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.
(3) Encourage or discourage membership in any school employee organization through discrimination in regard to:
(A) hiring;
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.
(5) Refuse to
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
SOURCE: IC 20-29-2-7; IC 20-29-6-7; IC 20-29-6-8; IC 20-29-6-10.
; (10)IN1012.1.8. --> SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 20-29-2-7; IC 20-29-6-7; IC 20-29-6-8; IC 20-29-6-10.
; (10)IN1012.1.8. --> SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 20-29-2-7; IC 20-29-6-7; IC 20-29-6-8; IC 20-29-6-10.
SOURCE: ; (10)IN1012.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2010] (a) This act does not
apply to or abrogate a collective bargaining agreement in effect on
June 30, 2010.
(b) This SECTION expires July 1, 2012.
(b) This SECTION expires July 1, 2012.
