reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-16. "Strike"

Sec. 16. "Strike" means:
(1) concerted failure to report for duty;
(2) willful absence from one's position;
(3) stoppage of work; or
(4) 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(p).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-17. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12.]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-18. "Superintendent"

Sec. 18. "Superintendent" means:
(1) the chief administrative officer of a:
(A) school corporation; or
(B) charter school established under IC 20-24; or
(2) a person or persons designated by the officer or by the governing body to act in the officer's behalf in dealing with school employees.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(d).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-19. "Supervisor"

Sec. 19. "Supervisor" means an individual who has:
(1) authority, acting for the school corporation, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline school employees;
(2) responsibility to direct school employees and adjust their grievances; or
(3) responsibility to effectively recommend the action described in subdivisions (1) through (2);
that is not of a merely routine or clerical nature but requires the use of independent judgment. The term includes superintendents, assistant superintendents, business managers and supervisors, directors with school corporationwide responsibilities, principals and vice principals, and department heads who have responsibility for evaluating teachers.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(h).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-1. Establishment of Board

Sec. 1. The Indiana education employment relations board is established.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(a).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-2. Members

Sec. 2. (a) Before July 1, 2016, the board consists of three (3) members appointed by the governor.
(b) After June 30, 2016, the board consists of five (5) members, as follows:
(1) Three (3) members appointed by the governor.
(2) One (1) member appointed by the speaker of the house of representatives who is not a member of the general assembly.
(3) One (1) member appointed by the president pro tempore of the senate who is not a member of the general assembly.
(c) Each member of the board is appointed for a term of four (4) years.
(d) A member appointed to fill a vacancy is appointed for the unexpired term of the member whom the appointed member is to succeed. A member may be removed by the member's appointing authority for just cause. A member appointed under this subsection serves the remainder of the unexpired term.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(a).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.3.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-3. Chairperson

Sec. 3. The board shall annually elect a chairperson from the members of the board. A member elected as chairperson shall serve as chairperson from July 1 through June 30 of the following year.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(a).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.4; P.L.86-2018, SEC.178.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-3.1. Executive Director

Sec. 3.1. (a) The board shall appoint an executive director to carry out the duties and daily operations of the board. The executive director may be removed by the board for just cause.
(b) The executive director's duties include the following:
(1) To establish a principal office in Indianapolis.
(2) To conduct any administrative function on behalf of the board with respect to any hearing, investigation, inquiry, election, or review, including designating a staff person or ad hoc panel member to serve as an agent of the board for any of the following:
(A) Hearing examiner.
(B) Hearing officer.
(C) Factfinder.
(D) Compliance officer.
(E) Financial consultant.
The executive director may conduct additional related administrative functions under this subdivision.
(3) To hire and appoint staff and attorneys as necessary to ensure efficient and effective operation of the board. The attorneys appointed under this subdivision may, at the direction of the board, appear for and represent the board in court.
(4) To pay the reasonable and necessary traveling and other expenses of an employee, a member, or an agent of the board.
(5) To request from any public agency the assistance, services, and data that will enable the board to properly carry out the board's functions and powers.
(6) To publish and report in full an opinion in every case decided by the board.
(7) To declare impasse under IC 20-29-6-13.
(c) The executive director has financial and signatory powers necessary to ensure efficient and effective board operations. In addition, the board may authorize the executive director to carry out any or all of the board's powers under section 11 of this chapter unless otherwise prohibited by statute.
As added by P.L.169-2016, SEC.5. Amended by P.L.10-2019, SEC.83.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-4. Political Affiliation of Board Members

Sec. 4. Not more than three (3) members of the board may be members of the same political party.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(a).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.6.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-5. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(a).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.169-2016, SEC.7.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-6. Qualifications

Sec. 6. Members may not:
(1) hold another public office;
(2) be an officer or employee of a school employer;
(3) be an officer or employee of a school employee organization or any affiliate of an organization; or
(4) represent a:
(A) school employer; or
(B) school employee organization, or an organization's affiliates.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(b).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.8.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-7. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(c).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.169-2016, SEC.9.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-8. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(d).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.169-2016, SEC.10.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-9. Compensation

Sec. 9. Each member of the board who is not a state employee is entitled to compensation equal to that of the board's executive director, computed on a daily rate and paid for every day actually spent serving on the board.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(d).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.11.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-10. Quorum

Sec. 10. Three (3) members of the board constitute a quorum.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(e).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.12.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-11. Powers

Sec. 11. The board has the following powers:
(1) To adopt an official seal and prescribe the purposes for which the seal may be used.
(2) To hold hearings and make inquiries as the board considers necessary to carry out properly the board's functions and powers.
(3) To meet and exercise the board's powers at any other place in Indiana.
(4) To conduct in any part of Indiana a proceeding, a hearing, an investigation, an inquiry, or an election necessary to the performance of the board's functions.
(5) To subpoena witnesses and issue subpoenas requiring the production of books, papers, records, and documents that may be needed as evidence in any matter under inquiry, and to administer oaths and affirmations. In cases of neglect or refusal to obey a subpoena issued to a person, the circuit or superior court of the county in which the investigations or the public hearings are taking place, upon application by the board, shall issue an order requiring the person to:
(A) appear before the board; and
(B) produce evidence about the matter under investigation.
A failure to obey the order may be punished by the court as a contempt. A subpoena, notice of hearing, or other process of the board issued under this chapter shall be served in the manner prescribed by the Indiana Rules of Trial Procedure.
(6) To adopt, amend, or rescind rules the board considers necessary and administratively feasible to carry out this chapter under IC 4-22-2.
(7) To request from any public agency the assistance, services, and data that will enable the board properly to carry out the board's functions and powers.
(8) To review a collective bargaining agreement under IC 20-29-6-6.1.
(9) To direct the activities of the executive director of the board.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(f).]
As added by P.L.1-2005, SEC.13. Amended by P.L.213-2015, SEC.185; P.L.169-2016, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-12. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(g).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-13. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(g).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 3. Indiana Education Employment Relations Board › 20-29-3-14. Collection of Information by the Executive Director

Sec. 14. (a) The board's executive director shall collect on behalf of the board:
(1) statistical data on the resources of each school corporation;
(2) the substance of any agreements reached by each school corporation; and
(3) other relevant data as determined by the board or the board's executive director.
(b) Parties to a collective bargaining agreement shall comply with the board's requests for information necessary to comply with subsection (a).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-9(g).]
As added by P.L.1-2005, SEC.13. Amended by P.L.169-2016, SEC.14.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 4. Rights and Responsibilities of School Employees and Employers › 20-29-4-1. Rights of School Employees

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, salary and wage related fringe benefits, and other matters set forth in IC 20-29-6-4 and IC 20-29-6-5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-6(a).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.8; P.L.229-2011, SEC.177.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 4. Rights and Responsibilities of School Employees and Employers › 20-29-4-2. School Employee Not Required to Join or Financially Support School Employee Organization

Sec. 2. (a) A school employee may not be required to join or financially support through the payment of:
(1) fair share fees;
(2) representation fees;
(3) professional fees; or
(4) other fees;
a school employee organization.
(b) A rule, regulation, or contract provision requiring financial support from a school employee to a school employee organization is void.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-6(a).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 4. Rights and Responsibilities of School Employees and Employers › 20-29-4-3. Responsibilities of School Employers

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.
(3) Hire, promote, demote, transfer, assign, and retain employees.
(4) Suspend or discharge employees in accordance with applicable law through procedures established under state law.
(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, 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-6(b).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.9.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-1. Exclusive Representatives; Selection of Unit

Sec. 1. (a) The exclusive representative shall serve for school employees within certain groups referred to in this chapter as units or bargaining units. A bargaining unit may not contain both certificated and noncertificated employees. Subject to this limitation, the units for which an exclusive representative serves are determined in accordance with subsections (b) through (d).
(b) The parties may agree on the appropriate unit. For this purpose, the parties consist of the school employer and a school employee organization representing at least twenty percent (20%) of the school employees in a proposed unit.
(c) If the parties do not reach an agreement on the appropriate unit, or if a school employee in the proposed unit files a complaint about the unit with the board, the board shall determine the proper unit after a hearing. The board's decision must be based on but not limited to the following considerations:
(1) Efficient administration of school operations.
(2) The existence of a community of interest among school employees.
(3) The effects on the school corporation and school employees of fragmentation of units.
(4) Recommendations of the parties involved.
(d) In making a determination under subsection (c), the board shall give notice to all interested parties in accordance with the rules of the board. In giving notice under this subsection, the board is not required to follow IC 4-21.5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-10(a).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-2. Recognition of School Employer Organization as Exclusive Representative by School Employer

Sec. 2. (a) A school employer may recognize as the exclusive representative of the school employer's employees within an appropriate unit a school employee organization that presents to the employer evidence of the school employee organization's representation of a majority of the school employees within the unit, unless:
(1) another school employee organization representing twenty percent (20%) of the school employees within the unit files written objections to the recognition; or
(2) a school employee files a complaint to the composition of the unit with the school employer or the board within the notice period set forth in this section.
(b) Before recognizing an exclusive representative under this section, the school employer shall post a written public notice of the school employer's intention to recognize the school employee organization as exclusive representative of the school employees within the unit. The notice must be posted, for thirty (30) calendar days immediately preceding recognition, in each of the buildings where the school employees in any unit principally work.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-10(b).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-3. Determination of Exclusive Representative Other Than Exclusive School Employee Organization

Sec. 3. (a) If an exclusive school employee organization is not determined under section 2 of this chapter, the determination of whether a school employee organization shall be the exclusive representative shall be determined under this section.
(b) A school employee organization may file a petition asserting that:
(1) twenty percent (20%) of the employees in an appropriate unit wish to be represented for collective bargaining by the school employee organization as exclusive representative; or
(2) the designated exclusive representative is no longer the representative of the majority of school employees in the unit.
(c) The school employer may file a petition asserting:
(1) that one (1) or more school employee organizations have presented to the school employer a claim to be recognized as the exclusive representative in an appropriate unit; or
(2) that the school employer has good faith doubt that the previously certified school employee organization represents a majority of employees in the bargaining unit.
(d) Twenty percent (20%) of the school employees in a unit may file a petition asserting that the designated exclusive representative is no longer the representative of the majority of school employees in the unit.
(e) The board shall investigate a petition filed under subsection (b), (c), or (d). If the board has reasonable cause to believe that a question exists as to whether the designated exclusive representative or any school employee organization represents a majority of the school employees in a unit, the board shall provide for an appropriate hearing within thirty (30) days. In holding a hearing, the board is not required to comply with IC 4-21.5.
(f) If the board finds, based on the record of a hearing held under subsection (e), that a question of representation exists, the board shall direct an election by secret ballot in a unit the board determines to be appropriate.
(g) Certification as the exclusive representative may be granted only to a school employee organization that has been selected in a secret ballot election under subsection (f), by a majority of all the employees in an appropriate unit as their representative.
(h) An election described in subsection (f) may not be held in a bargaining unit if a valid election has been held in the preceding twenty-four (24) month period.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-10(c).]
As added by P.L.1-2005, SEC.13. Amended by P.L.1-2006, SEC.333.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-4. Elections

Sec. 4. In any election under this chapter, the board shall:
(1) determine who is eligible to vote in the election; and
(2) establish rules governing the election.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-10(d).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-5. Ballots

Sec. 5. The ballot in an election under this chapter must contain the following:
(1) The name of the petitioning school employee organization.
(2) The names of any other school employee organization showing written evidence satisfactory to the board of at least twenty percent (20%) representation of the school employees within the unit.
(3) A provision for choosing "No representation by a school employee organization.".
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-10(d).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-7. Teacher Members on Committees; Certification of Exclusive Representative Membership

Sec. 7. (a) This section does not apply to the bargaining team for the exclusive representative.
(b) The percentage of teacher positions the exclusive representative may appoint to serve on a statutory or locally created district wide 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.
(c) The percentage of teacher positions the exclusive representative may appoint to serve on a statutory or locally created school wide committee may not exceed the percentage of teachers in the school 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 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.
(d) A committee to which this section applies may not address subjects of bargaining under this article. A school employer's appointment of a teacher to a committee is not an unfair practice as it relates to the appointment of the teacher committee members.
(e) By September 15 of each school year, the local president or other officer or designee of the exclusive representative shall certify by affidavit to the school employer the number of teachers in each school and in the entire school corporation who are members of the exclusive representative.
(f) By October 1 of each school year, the school employer shall provide the board with a copy of the affidavit submitted to the school employer under subsection (e). The board shall compile information included in the affidavit from each school corporation and post the information on the board's Internet web site. The information posted by the board under this subsection may only include aggregate data for each school corporation and may not include any information that would identify a particular school employee.
As added by P.L.48-2011, SEC.10. Amended by P.L.212-2017, SEC.1; P.L.86-2018, SEC.179.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 5. Units and Exclusive Representatives › 20-29-5-8. Training Materials

Sec. 8. (a) The board shall develop and maintain training modules, videos, or other instructional material on the board's Internet web site to instruct school employees of their rights under this chapter.
(b) Each school year in which school employee participation in a school employee organization currently serving as the exclusive representative of the bargaining unit does not represent a majority of the school employees within the unit, the board shall notify, in a manner prescribed by the board, the school employees of the bargaining unit of their right to:
(1) representation under this chapter; and
(2) the ability to change their exclusive representative under section 3 of this chapter.
As added by P.L.212-2017, SEC.2.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-1. Duty to Bargain Collectively; Public Hearing

Sec. 1. (a) 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) enter into a contract embodying any of the matters listed in section 4 of this chapter on which they have bargained collectively.
(b) Notwithstanding any other law, before a school employer and school employees may privately negotiate the matters described in subsection (a)(1) during the time period for formal collective bargaining established in section 12 of this chapter, the parties must hold at least one (1) public hearing and take public testimony to discuss the items described in subsection (a). A school employer may allow governing body members or the public to participate in a public hearing under this subsection by means of electronic communication.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-3.]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.11; P.L.274-2019, SEC.1; P.L.216-2021, SEC.23; P.L.200-2023, SEC.25.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-2. Contracts

Sec. 2. (a) Any contract may not include provisions that conflict with:
(1) any right or benefit established by federal or state law;
(2) school employee rights set forth in IC 20-29-4-1 and IC 20-29-4-2;
(3) school employer rights set forth in IC 20-29-4-3;
(4) restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards;
(5) a school employer's ability to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity; or
(6) section 4.5(a) of this chapter.
(b) A subject that is set forth in section 4.5(a) of this chapter may not be included in any contract after June 30, 2011.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-3.]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.12.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-3. Unlawful Deficit Financing

Sec. 3. (a) It is unlawful for a school employer to enter into any agreement that would place the employer in a position of deficit financing due to a reduction in the employer's actual general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue or an increase in the employer's expenditures when the expenditures exceed the employer's current year actual general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue. Except as provided in subsection (c), revenue does not include money estimated to be or actually transferred from the school corporation's operations fund to its education fund.
(b) A contract that provides for deficit financing is void to that extent, and an individual teacher's contract executed under the contract is void to that extent.
(c) Notwithstanding subsection (a), before September 15 of any year, a governing body may pass a one (1) year resolution indicating that a portion or percentage of money transferred from the operations fund to the education fund may be considered education fund revenue for purposes of funding a contract under this chapter and to determine whether an agreement would place the employer in a position of deficit financing. The resolution shall expire within one (1) year of the resolution's adoption by the governing body.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-3.]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.13; P.L.244-2017, SEC.56; P.L.254-2019, SEC.2.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-4. Subjects of Bargaining

Sec. 4. (a) A school employer shall bargain collectively with the exclusive representative on the following:
(1) Salary.
(2) Wages.
(3) Salary and wage related fringe benefits, including accident, sickness, health, dental, vision, life, disability, retirement benefits, and paid time off as permitted to be bargained under IC 20-28-9-11.
(b) Salary and wages include the amounts of pay increases available to employees under the compensation plan adopted under IC 20-28-9-1.5, but do not include the teacher evaluation procedures and criteria, any components of the teacher evaluation plan, rubric, or tool, or any performance stipend or addition to base salary based on a stipend to an individual teacher under IC 20-43-10-3.5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-4.]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.14; P.L.286-2013, SEC.91; P.L.213-2015, SEC.186; P.L.217-2017, SEC.101.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-4.5. Prohibited Subjects of Collective Bargaining

Sec. 4.5. (a) For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following:
(1) The school calendar.
(2) Teacher dismissal procedures and criteria.
(3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards.
(4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.
(5) Any subject not expressly listed in section 4 of this chapter.
(b) For a contract entered into after January 1, 2015, for a school year beginning after June 30, 2015, a school employer may not bargain collectively with the exclusive representative for the following:
(1) A matter described in subsection (a).
(2) A matter that another statute specifies is not subject to collective bargaining, including IC 20-28-9-1.5 and IC 20-43-10-3.5.
(c) A subject set forth in subsection (a) or (b) that may not be bargained collectively may not be included in an agreement entered into under this article.
As added by P.L.48-2011, SEC.15. Amended by P.L.213-2015, SEC.187; P.L.217-2017, SEC.102.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-4.7. Bargaining on Teacher Evaluation Procedures and Criteria Prohibited; Duration of Contract

Sec. 4.7. (a) A school employer may not bargain collectively with the exclusive representative on teacher evaluation procedures and criteria after this section has been enacted into law.
(b) A contract entered into between a school employer and an exclusive representative after this section has been enacted into law may not extend past the end of a state budget biennium.
As added by P.L.48-2011, SEC.16.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-5. Grievance Procedure

Sec. 5. A contract entered into under this chapter may contain a grievance procedure.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-4.]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.17.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-6. Limitations on Obligation to Bargain Collectively; Agreement Provision; Attestation Regarding Public Hearing

Sec. 6. (a) The obligation to bargain collectively does not include the final approval of a contract concerning any 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.
(b) This subsection applies to a collective bargaining agreement ratified after June 30, 2021. A ratified collective bargaining agreement shall include a provision specifying the date on which the public hearing described in section 1(b) of this chapter and the public meeting described in section 19 of this chapter occurred as well as an attestation signed by both parties attesting that the public hearing described in section 1(b) of this chapter and the public meeting described in section 19 of this chapter occurred on the dates specified in the ratified collective bargaining agreement. The governing body shall indicate as part of the attestation whether governing body members or members of the public were allowed to participate in the public hearing or public meeting by means of electronic communication.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(n) part.]
As added by P.L.1-2005, SEC.13. Amended by P.L.216-2021, SEC.24.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-7. Discussion or Meeting; Not Subject to Open Door Law

Sec. 7. (a) A school employer may discuss:
(1) with a certificated employee or group of certificated employees; or
(2) at one (1) or more meetings that are open to all certificated employees;
any topic that significantly impacts a certificated employee's working conditions or impacts the educational quality of the school employer's students.
(b) A discussion or meeting under subsection (a) is not subject to the open door law (IC 5-14-1.5).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-5.]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.18; P.L.286-2013, SEC.92; P.L.213-2015, SEC.189; P.L.106-2016, SEC.11; P.L.217-2017, SEC.103; P.L.73-2019, SEC.7; P.L.168-2022, SEC.17; P.L.200-2023, SEC.26.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-8. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(o).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.19. Repealed by P.L.200-2023, SEC.27.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-9. Discussions Outside Obligation to Bargain Collectively

Sec. 9. The obligation to bargain collectively 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(o).]
As added by P.L.1-2005, SEC.13. Amended by P.L.200-2023, SEC.28.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-10. Recommendations by Superintendent

Sec. 10. Nothing shall prevent a superintendent or the superintendent's designee from making recommendations to the school employer.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-5(b).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-11. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-5(c).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39; P.L.90-2011, SEC.50.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-12. Commencement of Collective Bargaining

Sec. 12. Formal collective bargaining between a school corporation and the exclusive representative shall not begin before:
(1) September 15 in the first year of the state budget biennium; or
(2) September 15 in the second year of the state budget biennium if the parties agreed to a one (1) year contract during the first year of the state budget biennium or the contract provides for renegotiating certain financial items the second year of a two (2) year contract.
Informal negotiations may be held before September 15.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(a).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.20; P.L.229-2011, SEC.178; P.L.214-2017, SEC.2.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-12.5. Certification of Estimated Available Revenue; Sources of Funding

Sec. 12.5. (a) Before September 15 of the first year of the state budget biennium, the department shall provide the parties with an estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining in the school corporation from the school funding formula.
(b) Within thirty (30) days after the date of the fall count of ADM of the school year in the first year of the state budget biennium, the department shall provide the parties with a certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining from the school funding formula. If the parties do not receive a certified estimate from the department within thirty (30) days after the fall count of ADM, the parties may use the school corporation's estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available based on the school corporation's fall count of ADM for purposes of collective bargaining. However, if the parties subsequently receive the certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining before an impasse is declared, the parties shall use the certified general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue from the school funding formula for purposes of collective bargaining.
(c) A school employer that passes a resolution under section 3(c) of this chapter to consider a portion or percentage of money transferred from the school employer's operations fund to the education fund as education fund revenue for purposes of determining whether an agreement places a school corporation in a position of deficit financing must submit a copy of the resolution to the department of local government finance on or before November 1. The resolution shall include:
(1) all transfers between the operations fund and the education fund; and
(2) a statement regarding whether or not the transfer is for the purpose of funding teacher contracts.
(d) The certifications or estimate described in subsection (b) must be the basis for determinations throughout impasse proceedings under this chapter.
As added by P.L.48-2011, SEC.21. Amended by P.L.229-2011, SEC.179; P.L.205-2013, SEC.254; P.L.213-2015, SEC.190; P.L.214-2017, SEC.3; P.L.244-2017, SEC.57; P.L.211-2019, SEC.25; P.L.254-2019, SEC.3; P.L.272-2019, SEC.6; P.L.159-2020, SEC.62.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-13. Appointment of Mediator

Sec. 13. (a) If, at any time after at least sixty (60) days following the beginning of formal bargaining collectively between the parties, an impasse is declared, the board shall appoint a mediator from the board's staff or an ad hoc panel.
(b) The mediator shall begin mediation within fifteen (15) days after the board receives notice of impasse.
(c) The mediation must consist of not more than three (3) mediation sessions and must result in one (1) of the following:
(1) An agreement between the parties on the items permitted to be bargained under section 4 of this chapter.
(2) Each party's last best offer, including fiscal rationale, related to items permitted to be bargained under section 4 of this chapter.
(d) Costs for the mediator shall be borne equally by the parties.
(e) Mediation shall be completed within thirty (30) days.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(b).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.22; P.L.229-2011, SEC.180; P.L.6-2012, SEC.139.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-14. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(c).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-15. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(d).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-15.1. Initiation of Factfinding

Sec. 15.1. (a) If an agreement has not been reached on the items permitted to be bargained collectively under section 4 of this chapter, within fifteen (15) days after mediation under section 13 of this chapter has ended, the board shall initiate factfinding.
(b) Factfinding must culminate in the factfinder imposing contract terms on the parties. The factfinder must select one (1) party's last best offer as the contract terms. The factfinder's order must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing (as defined in IC 20-29-2-6). The factfinder's order may not impose terms beyond those proposed by the parties in their last, best offers.
(c) Costs for the factfinder shall be borne equally by the parties.
(d) Factfinding may not last longer than thirty (30) days.
As added by P.L.229-2011, SEC.181. Amended by P.L.219-2015, SEC.4.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-16. Continuation of Existing Agreement; Circumstances

Sec. 16. (a) If an agreement has not been reached on the items to be bargained collectively by November 1, as provided in IC 6-1.1-17-5, the parties shall continue the terms of the current contract that is in effect, and the school employer may issue tentative individual contracts and prepare its budget on that basis. During this 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.
(b) Upon the expiration of the current contract that is in effect, except for teacher appreciation grant stipends and additions to base salary provided under IC 20-43-10-3.5, the school employer shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed.
(c) The only parts of the contract that must continue under this section are the items contained in the contract and listed in section 4 of this chapter.
(d) 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(e).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.24; P.L.229-2011, SEC.182; P.L.239-2015, SEC.9; P.L.214-2017, SEC.4; P.L.217-2017, SEC.104.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-16.5. Petition for Representation

Sec. 16.5. The board shall amend 560 IAC 2-2-13(d) to provide that a petition for representation filed under 560 IAC 2-2-3(c) shall not be dismissed if the petition is filed:
(1) after January 14 and before February 16 of the calendar year of the expiration of the collective bargaining agreement; or
(2) during a period not to exceed thirty (30) days, as determined by the board, in the calendar year of the expiration of the collective bargaining agreement.
As added by P.L.214-2017, SEC.5.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 6. Collective Bargaining › 20-29-6-17. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(f).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.