Bill Text: IN HB1378 | 2011 | Regular Session | Introduced
Bill Title: Teacher contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Education [HB1378 Detail]
Download: Indiana-2011-HB1378-Introduced.html
Citations Affected: IC 20-28.
Synopsis: Teacher contracts. Provides that for a teacher hired after
June 30, 2011, the length of the teacher's contract varies, based on the
amount of the teacher's experience. Specifies that certain existing
contract provisions apply only to a teacher who is employed by a
school corporation on June 30, 2011, and continues employment with
the school corporation after July 1, 2011.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) An individual who:
(1) serves under contract as a teacher in a public school corporation for at least five (5) successive years; and
(2) at any time enters into a teacher's contract for further service with the school corporation;
becomes, by entering into the contract described in subdivision (2), a permanent teacher of the school corporation. When a contract between the school corporation and a permanent teacher expires by the contract's terms, the contract is considered to continue indefinitely as an indefinite contract.
contract is:
(1) replaced by a new contract signed by both parties; or
(2) canceled as provided in IC 20-28-7.
(b) A governing body may offer the appropriate class of regular teacher's contract to an individual based on the individual's teaching experience. The contract classes are as follows:
(1) Class I. A teacher who has one (1) year or less of teaching experience shall be offered a one (1) year contract. If the teacher is not notified by June 1 of the teacher's dismissal, the teacher receives an additional one (1) year contract for the following school year.
(2) Class II. A teacher who has two (2) years of teaching experience shall be offered an initial contract of not more than two (2) years. If the teacher is not notified by June 1 of the last year of the teacher's contract of the teacher's dismissal, the teacher, at the discretion of the governing body, receives either:
(A) an additional one (1) year contract for the following school year; or
(B) a two (2) year contract.
(3) Class III. A teacher who has three (3) years of teaching experience shall be offered an initial contract of not more than three (3) years. If the teacher is not notified by June 1 of the last year of the teacher's contract of the teacher's dismissal, the teacher, at the discretion of the governing body, receives:
(A) a two (2) year contract; or
(B) a one (1) or three (3) year contract.
(4) Class IV. A teacher who has four (4) years of teaching experience shall be offered an initial contract of not more than four (4) years. If the teacher is not notified by June 1 of the last year of the teacher's contract of the teacher's dismissal, the teacher, at the discretion of the governing body, receives:
(A) a two (2) year contract; or
(B) a one (1), three (3), or four (4) year contract.
(5) Class V. A teacher who has five (5) years experience shall be offered an initial contract of not more than five (5) years.
If the teacher is not notified by June 1 of the last year of the
teacher's contract of the teacher's dismissal, the teacher, at
the discretion of the governing body, receives:
(A) a three (3) year contract; or
(B) a one (1), two (2), four (4), or five (5) year contract.
(6) Class VI. A teacher who has six (6) or more years
experience shall be offered an initial contract of not more
than six (6) years. If the teacher is not notified by June 1 of
the last year of the teacher's contract of the teacher's
dismissal, the teacher, at the discretion of the governing body,
receives:
(A) a three (3) year contract; or
(B) a one (1), two (2), four (4), five (5), or six (6) year
contract.
(c) The contract classes and the governing body's discretion in
offering contracts may not be modified by an agreement entered
into under IC 20-29.
(d) This section may not be construed to limit a governing
body's authority to offer an extension of an existing contract to a
teacher at any time during the contract period.
(b) A teacher serving under a regular contract at a laboratory school operated under IC 20-24.5-2 who is offered and accepts a position in the local school corporation that is a party to the agreement with the university operating the laboratory school is entitled to:
(1) transfer to the local school corporation any years served as a regular teacher at the laboratory school; and
(2) receive credit for the years in meeting the five (5) year requirement for an indefinite contract contained in section 8 of this chapter.
JULY 1, 2011]: Sec. 10. (a) This section applies to an individual who
is employed by a school corporation on June 30, 2011, and
continues employment with the school corporation after July 1,
2011.
(b) An individual who:
(1) serves under contract as a teacher in a public school
corporation for two (2) successive years;
(2) at any time after serving two (2) successive years in the public
school corporation enters into a teacher's contract for further
service with the school corporation; and
(3) is not a permanent teacher under section 8 of this chapter;
is a semipermanent teacher of the school corporation. When a contract
between the school corporation and a semipermanent teacher expires
by the contract's terms, the contract continues indefinitely as an
indefinite contract for a semipermanent teacher.
(b) (c) An indefinite contract for a semipermanent teacher remains
in force until:
(1) the contract is replaced by a new contract signed by both
parties;
(2) the contract is canceled as provided in IC 20-28-7; or
(3) the teacher becomes a permanent teacher under section 8 of
this chapter.
(b) 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 cancellation is effective at the end of the school term following the
cancellation.
(b) (c) An indefinite contract may not be canceled for political or
personal reasons.
(b) 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 permanent or semipermanent
teacher may be canceled only in the following manner:
(1) The teacher must be notified in writing of the date, time, and
place for the consideration by the school corporation of the
cancellation of the contract. Notification under this subdivision
must occur not more than forty (40) days nor less than thirty (30)
days before the consideration.
(2) The teacher must be furnished, not later than five (5) days
after a written request, a written statement of the reasons for the
consideration.
(3) The teacher may file a written request for a hearing not later
than fifteen (15) days after receiving notice under subdivision (1).
(4) If a request for a hearing is filed, the teacher must be given a
hearing before the governing body on a day not earlier than five
(5) days after the filing of the request.
(5) The teacher must be given not less than five (5) days notice of
the date, time, and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposed
cancellation of the contract; and
(B) to be heard and to present the testimony of witnesses and
other evidence bearing on the reasons for the proposed
cancellation of the contract.
(7) A contract may not be canceled before the date set for
consideration of the cancellation of the contract and until the
following have occurred:
(A) A hearing is held, if a hearing is requested by the teacher.
(B) The superintendent of the school corporation has given the
superintendent's recommendations on the contract. On five (5)
days written notice to the superintendent by the school
corporation, the superintendent shall present a
recommendation on the contract, except if the contract is a
superintendent's contract.
(8) Pending a decision on the cancellation of a teacher's contract,
the teacher may be suspended from duty.
(9) After complying with:
(A) section 1 of this chapter, in the case of permanent
teachers; or
(B) section 2 of this chapter in the case of semipermanent
teachers; and
with this section, the governing body of the school corporation
may cancel an indefinite contract with a teacher by a majority
vote evidenced by a signed statement in the minutes of the board.
The decision of the governing board is final.
The vote to cancel a contract under subdivision (9) must be taken by
the governing body on the date and at the time and place specified in
subdivision (1).
(b) If a permanent or semipermanent teacher is suspended under section
(b) A permanent teacher who holds an indefinite contract under IC 20-28-6-8 may not be discharged or have the teacher's contract canceled except as provided in sections 1, 3, 4, and 5 of this chapter.
corporation after July 1, 2011.
(b) A permanent or semipermanent teacher may not cancel an
indefinite contract during the school term of the contract or during the
thirty (30) days before the beginning date of the school term unless the
cancellation is mutually agreed upon. A permanent or semipermanent
teacher may cancel the teacher's indefinite contract at any other time by
giving five (5) days notice to the school corporation.
(b) (c) A permanent or semipermanent teacher who cancels the
teacher's indefinite contract in any manner other than as provided in
subsection (a) (b) is guilty of unprofessional conduct, for which the
state superintendent may suspend the teacher's license for not more
than one (1) year.
(b) A contract entered into by a nonpermanent teacher and a school corporation continues in force on the same terms and for the same wages, unless increased under IC 20-28-9-1 and IC 20-28-9-2, for the next school term following the date of termination set in the contract. However, the contract does not continue if any of the following occur:
(1) The school corporation refuses continuation of the contract under sections 9 and
(2) The teacher delivers or mails by registered or certified mail to the school corporation the teacher's written resignation.
(3) The contract is replaced by another contract agreed to by the parties.
(b) 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 June 1 in an even-numbered year and the later of
June 15 or the date a budget act is enacted by the general
assembly in an odd-numbered year, 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.
(b) (c) The notice in subsection (a)(2) (b)(2) must include a written
statement, which:
(1) may be developed in executive session; and
(2) is not a public document;
giving the reasons for the consideration of the nonrenewal of the
teacher's contract.
(c) (d) For reasons other than a reduction in force, the notice in
subsection (a)(2) (b)(2) must inform the teacher that, not later than ten
(10) days after the teacher's receipt of the notice, the teacher may
request a conference under section 10 of this chapter.
(d) (e) If the reason for nonrenewal is reduction in force, the teacher
may request a conference as provided in section 10 of this chapter.
(b) A teacher who receives notice of consideration of the nonrenewal of the teacher's contract under section 9 of this chapter may request a conference under this section.
(1) with the governing body; or
(2) at the direction of the governing body, with the superintendent of the school corporation or the superintendent's designee;
not more than ten (10) days after the day the governing body receives a teacher's request for a conference. If the first conference is not with the governing body, the teacher may request a second conference, which must be held with the governing body at a time mutually agreeable to both parties and not more than twenty (20) days after the day the governing body receives the request for a second conference,
or before the end of the school year, whichever is earlier.
(c) (d) The governing body may, in addition to a conference under
this section, require that the superintendent of the school corporation
or the superintendent's designee and the teacher summarize in writing
the position of each party with respect to the continuation of the
contract.
(d) (e) At a conference under this section:
(1) the governing body, the superintendent of the school
corporation, or the superintendent's designee shall provide full
and complete information supporting the reasons given for
noncontinuance; and
(2) the teacher shall provide any information demonstrating that
noncontinuance of the contract is improper.
(e) (f) A conference under this section with the governing body shall
be in executive session unless the teacher requests a public conference.
The teacher may have a representative at any conference.
(f) (g) The governing body shall vote on the continuation of the
teacher's contract not more than ten (10) days after a conference under
this section.
(1) when a teacher or school official is ill or absent from the school corporation;
(2) when the teacher requests a public conference, but a public conference held within the periods of section
(3) for other reasonable cause.
(b) A permanent teacher:
(1) with an indefinite contract under IC 20-28-6-8; and
(2) who is described in section 6(a) of this chapter;
is granted a leave of absence during the defense service.
and continues employment with the school corporation after July
1, 2011.
(b) If a nonpermanent teacher who is described in section 6(a) of
this chapter enters the defense service, the teacher's contract as a
teacher and the teacher's rights to probationary successive years under
contract are preserved with the school corporation as the teacher had
them when entering the defense service.
(b) (c) The period of probationary successive years of service under
a teacher's contract that is a condition precedent to becoming a
permanent teacher under IC 20-28-6-8 is considered uninterrupted for
a teacher to whom this section applies. However, this probationary
period may not include the time spent in defense service. The teacher
is granted a leave of absence during the defense service.
