reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-19. Retirement, Savings, or Severance Pay Plan

Sec. 19. (a) If a governing body of a school corporation agrees to a retirement, savings, or severance pay plan with a teacher or with an exclusive representative under IC 20-29, the benefits may be paid to:
(1) the teacher who is eligible under a negotiated retirement, savings, or severance pay plan; or
(2) in the case of the teacher's death:
(A) the teacher's designated beneficiary; or
(B) the teacher's estate, if there is no designated beneficiary.
Payments may be made in a lump sum or in installments as agreed upon by the parties or to a savings plan established under IC 5-10-1.1-1(2).
(b) Notwithstanding IC 6-1.1-20, the payments under this section shall be made from the education fund of the school corporation and may be made for a period exceeding one (1) year.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-12.]
As added by P.L.1-2005, SEC.12. Amended by P.L.244-2017, SEC.54.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-20. Participation in Health Insurance Plan Upon Retirement

Sec. 20. A teacher who is employed by a school corporation that provides a health insurance plan for its employees may participate in the health insurance plan upon retirement under IC 5-10-8.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-14.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-21. Suspension of Teacher Without Pay; Reasons

Sec. 21. (a) This section and section 22 of this chapter apply to the suspension of a teacher without pay.
(b) A teacher may be suspended from duty without pay only for the following reasons:
(1) Immorality.
(2) Insubordination, which means the 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) Good and just cause.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-15(a), (b).]
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.33; P.L.233-2015, SEC.216.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-23. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-15(d).]
As added by P.L.1-2005, SEC.12. Repealed by P.L.233-2015, SEC.218.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-24. Examination for Teacher Licensure; Furnishing of Test Scores

Sec. 24. (a) This section applies to an examination that is required for teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency required to receive a license on all or a part of an examination, the examination's scorer must provide the individual with the individual's test scores, including subscores for each area tested.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-3-12.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-25. "Secondary School" for Purposes of Federal Teacher Loan Forgiveness Programs

Sec. 25. For purposes of the federal teacher loan forgiveness program provided under 34 CFR 682.216(a)(4), "secondary school" includes any eligible elementary or secondary school at which a highly qualified teacher in a high needs area (as defined in 34 CFR 682.216(b)) is employed.
As added by P.L.127-2016, SEC.22.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-26. Minimum Teacher Salary Threshold; Reporting Requirement

Sec. 26. (a) For each school year beginning after June 30, 2022, if a school corporation determines that the school corporation cannot establish a minimum salary of forty thousand dollars ($40,000) for each full-time teacher, the school corporation shall submit a report to the department explaining the school corporation's inability to meet the minimum threshold requirement.
(b) A report submitted under this section must include an explanation of the financial challenges, with detailed data, that preclude the school corporation from meeting the minimum salary threshold required under subsection (a). The report must also describe the cost saving measures taken by the school corporation in attempting to meet the minimum salary threshold required under subsection (a).
As added by P.L.165-2021, SEC.154.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 9. Salary and Related Payments › 20-28-9-27. Annual School Corporation Expenditure for Teacher Salaries; Prohibited Decrease in Certain Circumstances

Sec. 27. (a) As used in this section, "funding floor" means the amount a school corporation expended for full-time teacher salaries during a particular state fiscal year.
(b) Subject to subsections (d) and (e), if the amount of state tuition support distributed to a school corporation for a particular state fiscal year is greater than the amount of state tuition support distributed to the school corporation for the preceding state fiscal year, the school corporation may not expend an amount for full-time teacher salaries during the particular state fiscal year that is less than the funding floor for the preceding state fiscal year.
(c) For purposes of this section, the amount a school corporation expends for full-time teacher salaries shall include the amount the school corporation expends for participating in a special education cooperative or a career and technical education cooperative that is directly attributable to the salaries of full-time teachers employed by the cooperative, as determined by the department.
(d) For purposes of this subsection, stipends paid using teacher appreciation grants under IC 20-43-10-3.5 are not considered. If a school corporation has awarded stipends to a majority of the school corporation's teachers in each of the two (2) preceding consecutive state fiscal years, an amount equal to the lesser of the total amount of stipends awarded in each of those state fiscal years shall be added to the school corporation's funding floor for the preceding state fiscal year described under subsection (b).
(e) A school corporation may apply for a waiver from the department of the prohibition under subsection (b). The department may grant a waiver to a school corporation if the school corporation's enrollment for the school year during that particular state fiscal year is less than the enrollment in the school year during the preceding state fiscal year.
As added by P.L.165-2021, SEC.155. Amended by P.L.132-2022, SEC.1.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-1. Leave of Absence; Generally

Sec. 1. (a) A school corporation may grant a teacher a leave of absence not to exceed one (1) year for:
(1) a sabbatical;
(2) a disability leave; or
(3) a sick leave.
(b) The school corporation may grant consecutive leaves to a teacher.
(c) A school corporation may grant partial compensation for a leave in an amount the school corporation determines. However, if a teacher on a sabbatical serves an employer that agrees to reimburse the school corporation in whole or in part of the amount of the teacher's regular salary, the school corporation may grant full or partial compensation.
(d) A teacher who is pregnant shall be granted a leave of absence for the period provided in and subject to section 5 of this chapter.
(e) The teacher has the right to return to a teaching position for which the teacher is certified or otherwise qualified under the rules of the state board.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-1(a).]
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.34; P.L.233-2015, SEC.219.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-2. Leave of Absence; Rights of Teacher; Group Insurance Coverage; Sick Leave; Probationary Years of Service; Charges Against Teacher's Accumulated Sick Days

Sec. 2. (a) Except as provided in section 1 of this chapter, rights existing at the time a leave commences that arise from a teacher's:
(1) status as a professional or established teacher;
(2) accumulation of successive years of service;
(3) service performed under a teacher's contract under IC 20-28-6-8; or
(4) status or rights negotiated under IC 20-29;
remain intact.
(b) During a leave the teacher may maintain coverage in a group insurance program by paying the total premium including the school corporation's share, if any, attributable to the leave period. The school corporation may elect to pay all or part of the cost of the premium as an adopted or negotiated fringe benefit to teachers on leave.
(c) During a leave extending into a part of a school year, a teacher accumulates sick leave under IC 20-28-9-9 through IC 20-28-9-12, or the salary range of the school corporation that provides greater sick leave, in the same proportion that the number of days the teacher is paid during the year for work or leave bears to the total number of days for which teachers are paid in the school corporation.
(d) Except as provided in section 1 of this chapter, during a leave of a probationary teacher, the period of probationary successive years of service under a teacher's contract that is a condition precedent to becoming a professional or established teacher under IC 20-28-6-8 is uninterrupted for that teacher. However, this probationary period may not include an entire school year spent on leave.
(e) All or part of a leave granted for sickness or disability, including pregnancy related disability, may be charged at the teacher's discretion to the teacher's available sick days. However, the teacher is not entitled to take accumulated sick days when the teacher's physician certifies that the teacher is capable of performing the teacher's regular teaching duties. The teacher is entitled to complete the remaining leave without pay.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-1(b), (c), (d), (e), (f).]
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.35; P.L.213-2015, SEC.182.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-3. Leave of Absence; Sabbatical

Sec. 3. (a) A school corporation may grant a teacher, on written request, a sabbatical for improvement of professional skills through:
(1) advanced study;
(2) work experience;
(3) teacher exchange programs; or
(4) approved educational travel.
(b) After taking a sabbatical, the teacher shall return for a length of time equal to that of the sabbatical leave.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-2.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-4. Leave of Absence; Disability or Sick Leave

Sec. 4. (a) A school corporation may place a teacher, with or without written request, on a disability or sick leave not to exceed one (1) year.
(b) A teacher placed on a disability or sick leave without a written request is entitled to a hearing on that action under IC 20-28-7.5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-3.]
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.36.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-5. Leave of Absence; Pregnancy

Sec. 5. (a) A teacher who is pregnant may continue in active employment as late into pregnancy as the teacher wishes, if the teacher can fulfill the requirements of the teacher's position.
(b) Temporary disability caused by pregnancy is governed by the following:
(1) A teacher who is pregnant shall be granted a leave of absence any time between the commencement of the teacher's pregnancy and one (1) year following the birth of the child, if the teacher notifies the superintendent at least thirty (30) days before the date on which the teacher wishes to start the leave. The teacher shall notify the superintendent of the expected length of this leave, including with this notice either:
(A) a physician's statement certifying the teacher's pregnancy; or
(B) a copy of the birth certificate of the newborn;
whichever is applicable. However, in the case of a medical emergency caused by pregnancy, the teacher shall be granted a leave, as otherwise provided in this section, immediately on the teacher's request and the certification of the emergency from an attending physician.
(2) All or part of a leave taken by a teacher because of a temporary disability caused by pregnancy may be charged, at the teacher's discretion, to the teacher's available sick days. However, the teacher is not entitled to take accumulated sick days when the teacher's physician certifies that the teacher is capable of performing the teacher's regular teaching duties. The teacher is entitled to complete the remaining leave without pay. However, the teacher may receive compensation for the pregnancy leave under a collective bargaining agreement or, if the teacher is not represented by an exclusive representative, by governing body policy.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-4.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-6. Full-Time Defense Service

Sec. 6. (a) This section and sections 7 through 11 of this chapter apply to a teacher who through:
(1) volunteering; or
(2) statutory selection;
enters defense service on a full-time basis.
(b) Because the United States Congress has decreed that it is imperative to increase and train United States armed forces personnel, this section and sections 7 through 11 of this chapter:
(1) provide protection for teachers who have been called to leave their positions to defend the nation due to the necessity of war or a state of emergency;
(2) preserve the status and contract rights under the laws to any teacher who enters the defense service; and
(3) place those teachers in a position that the defense service does not operate as an interruption of teaching service because the contract rights that each teacher had when entering the defense service are preserved during that service the same as if the teacher had not entered the service.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-5.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-7. Defense Service; Professional or Established Teacher

Sec. 7. A professional or established 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-6.]
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.37.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-8. Defense Service; Probationary Teacher

Sec. 8. (a) If a probationary 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) The period of probationary successive years of service under a teacher's contract that is a condition precedent to becoming a professional or established 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-7.]
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.38.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-9. Defense Service; Teacher's Reinstatement Status

Sec. 9. On reinstatement, the status of the teacher described in section 6(a) of this chapter is the same as when the teacher entered the defense service. All rights to changes of salary or position, except as specified in section 8 of this chapter, accrue to the teacher as if no interruption had occurred.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-8.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-10. Defense Service; Rights Under Teachers' Retirement Fund

Sec. 10. (a) A teacher described in section 6(a) of this chapter retains the teacher's contractual rights in the Indiana state teachers' retirement fund.
(b) Contributions and payments into the retirement fund shall be made in the same manner as they are made for a member of the fund who is granted a leave of absence under the law pertaining to that fund.
(c) The teacher is granted a leave of absence during the defense service.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-9.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-11. Defense Service; Reinstatement Period

Sec. 11. (a) Not later than sixty (60) days after:
(1) an honorable or medical discharge; or
(2) release from active participation in the defense service;
a teacher who has received a leave of absence for defense service shall return to the school corporation for reinstatement. The school corporation shall then reinstate the teacher.
(b) If the teacher is unable to return for reinstatement within the sixty (60) day period for any reason arising from mental or physical disability, the teacher has sixty (60) days after the date of removal of the disability to apply for reinstatement.
(c) On reinstatement or on written resignation submitted to the school corporation, the teacher's leave of absence and defense service is considered terminated.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-10.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-12. Antidiscrimination; Marital Status

Sec. 12. A governing body or the governing body's agent may not make or enforce a rule or regulation concerning the employment of teachers that discriminates because of marital status.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-11.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-13. Antidiscrimination; Residence Requirements

Sec. 13. (a) A governing body may not adopt residence requirements for teachers or other school employees in the governing body's employment, assignment, or reassignment for services in a prescribed area.
(b) A school corporation that violates subsection (a) is ineligible for state funds under all enactments regarding that subject. The secretary of education and other state officials shall administer the funds accordingly on the submission of sworn proof of the existence of the discriminatory residence requirements.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-12.]
As added by P.L.1-2005, SEC.12. Amended by P.L.43-2021, SEC.94.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-14. Teacher's Freedom of Association

Sec. 14. (a) A school corporation may not dismiss or suspend any employee because of affiliation with or activity in an organization unless that organization advocates:
(1) the overthrow of the United States government by:
(A) force; or
(B) the use of violence; or
(2) the violation of law;
to achieve its objective.
(b) A rule or regulation contrary to subsection (a) is void.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-13.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-15. Teacher as Public Office Candidate

Sec. 15. A governing body may not dismiss, suspend, or enforce a mandatory leave of absence on a teacher who is a candidate for public office unless evidence is submitted to the governing body that would substantiate a finding that the teacher's activity has:
(1) impaired the teacher's effectiveness in the teacher's service; or
(2) interfered with the performance of the teacher's contractual obligations.
A suspension is valid only during the period of the impairing activity.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-14(a).]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-16. Teacher Serving in the General Assembly

Sec. 16. (a) If a teacher serves in the general assembly, the teacher shall be given credit for the time spent in this service, including the time spent for council or committee meetings. The leave for this service does not diminish the teacher's rights under the Indiana state teachers' retirement fund or the teacher's advancement on the state or local compensation plan. For these purposes, the teacher is, despite the leave, considered teaching for the school during that time.
(b) The compensation received while serving in the general assembly shall be included for teachers retiring after June 30, 1980, in the determination of the teacher's annual compensation to compute the teacher's retirement benefit under IC 5-10.2-4. A teacher serving in the general assembly may choose to have deductions made from the teacher's salary as a legislator for contributions under either IC 5-10.4-4-11 or IC 5-10.3-7-9.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-14(b), (c).]
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2006, SEC.139; P.L.213-2015, SEC.183.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-17. School Counselors; Privileged or Confidential Information

Sec. 17. (a) Except as provided in IC 20-33-7.5 and IC 31-32-11-1, a school counselor is immune from disclosing privileged or confidential communication made to the counselor as a counselor by a student.
(b) Except as provided in IC 20-33-7.5 and IC 31-32-11-1, the matters communicated are privileged and protected against disclosure.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-15.]
As added by P.L.1-2005, SEC.12. Amended by P.L.248-2023, SEC.1.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-18. Teacher's Legal Recourse for Infringement of Rights and Privileges

Sec. 18. A teacher whose rights and privileges under sections 14 through 17 of this chapter are or are about to be infringed by a rule or regulation may, in accord with the law governing injunctions, seek to enjoin the school corporation from the infringement. A circuit or superior court shall issue the injunction if the court finds an infringement.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-16.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 10. Conditions of Employment › 20-28-10-19. Daily Free Time for Teachers

Sec. 19. (a) Each governing body and its administrators shall arrange each teacher's daily working schedule to provide at least thirty (30) minutes between 10 a.m. and 2 p.m. for a period free of duties.
(b) The secretary of education shall report each failure to comply with subsection (a) to the state board, which shall immediately inform the governing body of each alleged violation.
(c) If the school corporation persistently fails or refuses to comply with subsection (a) for one (1) year, the state board shall:
(1) lower the grade of accreditation of the school corporation; and
(2) publish notice of that action in at least one (1) newspaper published in the county.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-6-17.]
As added by P.L.1-2005, SEC.12. Amended by P.L.43-2021, SEC.95.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
20-28-11-1formerly 20-6.1-9-120-28-11-2formerly 20-6.1-9-220-28-11-3formerly 20-6.1-9-320-28-11-4formerly 20-6.1-9-420-28-11-5formerly 20-6.1-9-520-28-11-6formerly 20-6.1-9-620-28-11-7formerly 20-6.1-9-720-28-11-8formerly 20-6.1-9-8.]
Repealed by P.L.90-2011, SEC.50.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-0.5. "Certificated Employee"

Sec. 0.5. As used in this chapter, "certificated employee" includes the following:
(1) A certificated employee (as defined in IC 20-29-2-4).
(2) For purposes of annual performance evaluations conducted for a school year beginning after June 30, 2014, a teacher (as defined in IC 20-18-2-22), regardless of whether the individual is a certificated employee (as defined in IC 20-29-2-4).
As added by P.L.239-2015, SEC.6.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-1. "Evaluator"

Sec. 1. As used in this chapter, "evaluator" means an individual who conducts a staff performance evaluation.
As added by P.L.90-2011, SEC.39. Amended by P.L.200-2023, SEC.16.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-3. "School Corporation"

Sec. 3. As used in this chapter, "school corporation" includes:
(1) a school corporation;
(2) a school created by an interlocal agreement under IC 36-1-7;
(3) a special education cooperative under IC 20-35-5; and
(4) a joint career and technical education program created under IC 20-37-1.
However, for purposes of section 4(a) of this chapter, "school corporation" includes a charter school, a virtual charter school, and an eligible school (as defined in IC 20-51-1-4.7).
As added by P.L.90-2011, SEC.39. Amended by P.L.229-2011, SEC.176; P.L.172-2011, SEC.122; P.L.200-2023, SEC.17.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-4. Plan for Annual Performance Evaluations; Annual Designations; Evaluators

Sec. 4. (a) Each school corporation shall develop or adopt a plan for annual performance evaluations for each certificated employee. A plan must include performance evaluations for all certificated employees, conducted at least annually.
(b) A plan under this section must include an annual designation of each certificated employee in one (1) of the following rating categories:
(1) Highly effective.
(2) Effective.
(3) Improvement necessary.
(4) Ineffective.
The requirements for designation in each rating category must be determined by the school corporation.
(c) The plan must:
(1) be in writing; and
(2) be explained to the governing body in a public meeting;
before the evaluations are conducted. Before explaining the plan to the governing body, the superintendent of the school corporation shall discuss the plan with teachers or the teachers' representative, if there is one. This discussion is not subject to the open door law (IC 5-14-1.5). The plan is not subject to bargaining.
(d) The evaluator shall discuss the evaluation with the certificated employee.
(e) After a school corporation has assigned an evaluator to perform a certificated employee's evaluation, the certificated employee may request the school corporation to assign an evaluator other than the evaluator assigned to perform the certificated employee's evaluation.
As added by P.L.90-2011, SEC.39. Amended by P.L.239-2015, SEC.7; P.L.275-2019, SEC.7; P.L.150-2020, SEC.1; P.L.200-2023, SEC.18.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-5. Conduct of Evaluations

Sec. 5. (a) The superintendent or equivalent authority, for a school corporation that does not have a superintendent, may provide for evaluations to be conducted by an external provider.
(b) An individual may evaluate a certificated employee only if the individual has received training and support in evaluation skills.
As added by P.L.90-2011, SEC.39.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-6. Completed Evaluation; Remediation Plan; Conference With Superintendent

Sec. 6. (a) A copy of the completed evaluation, including any documentation related to the evaluation, must be provided to a certificated employee not later than seven (7) days after the evaluation is conducted.
(b) If a certificated employee receives a rating of ineffective or improvement necessary, as determined by the school corporation, the evaluator and the certificated employee shall develop a remediation plan of not more than ninety (90) school days in length to correct the deficiencies noted in the certificated employee's evaluation. The remediation plan must require the use of the certificated employee's license renewal credits in professional development activities intended to help the certificated employee achieve an effective rating, as determined by the school corporation, on the next performance evaluation. If the principal did not conduct the performance evaluation, the principal may direct the use of the certificated employee's license renewal credits under this subsection.
(c) A teacher who receives a rating of ineffective may file a request for a private conference with the superintendent or the superintendent's designee not later than five (5) days after receiving notice that the teacher received a rating of ineffective. The teacher is entitled to a private conference with the superintendent or superintendent's designee.
As added by P.L.90-2011, SEC.39. Amended by P.L.200-2023, SEC.19.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-7. Instruction by Teacher Rated Ineffective

Sec. 7. (a) This section applies to any teacher instructing students in a content area and grade subject to IC 20-32-5-2 (for a school year ending before July 1, 2018), and IC 20-32-5.1 (for a school year ending after June 30, 2018).
(b) A student may not be instructed for two (2) consecutive years by two (2) consecutive teachers, each of whom was rated as ineffective under this chapter in the school year immediately before the school year in which the student is placed in the respective teacher's class.
(c) If a teacher did not instruct students in the school year immediately before the school year in which students are placed in the teacher's class, the teacher's rating under this chapter for the most recent year in which the teacher instructed students, instead of for the school year immediately before the school year in which students are placed in the teacher's class, shall be used in determining whether subsection (b) applies to the teacher.
As added by P.L.90-2011, SEC.39. Amended by P.L.242-2017, SEC.21; P.L.192-2018, SEC.13; P.L.200-2023, SEC.20.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-8. State Board Action; Model Plan; Submit Staff Performance Evaluation Plan

Sec. 8. (a) To implement this chapter, the state board shall do the following:
(1) Adopt rules under IC 4-22-2 that establish an acceptable standard for training evaluators.
(2) Work with the department to develop a model plan and release it to school corporations. Subsequent versions of the model plan that contain substantive changes must be provided to school corporations.
(3) Work with the department to ensure the availability of ongoing training on the use of the performance evaluation to ensure that all evaluators and certificated employees have access to information on the plan, the plan's implementation, and this chapter.
(b) A school corporation may:
(1) adopt the department's model plan; or
(2) adopt or establish any other staff performance evaluation plan.
(c) Each school corporation shall submit its staff performance evaluation plan to the department. The department shall publish the staff performance evaluation plans on the department's website.
As added by P.L.90-2011, SEC.39. Amended by P.L.160-2012, SEC.50; P.L.150-2020, SEC.2; P.L.200-2023, SEC.21.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 11.5. Staff Performance Evaluations › 20-28-11.5-8.5. Review of School Corporation Plan

Sec. 8.5. Upon request by a school corporation, the department may review the school corporation's plan for efficacy and the Indiana education employment relations board may review the plan for legality, and both may comment to the school corporation.
As added by P.L.213-2015, SEC.184. Amended by P.L.200-2023, SEC.22.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 12. Endorsement for Independent Practice School Psychologists › 20-28-12-1. Application of Chapter

Sec. 1. This chapter does not apply to a psychologist who is licensed under IC 25-33.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.9-1.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 12. Endorsement for Independent Practice School Psychologists › 20-28-12-2. Compliance With Requirements for Endorsement

Sec. 2. In order to:
(1) practice school psychology; and
(2) receive an endorsement as an independent practice school psychologist;
a school psychologist must comply with this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.9-3.]
As added by P.L.1-2005, SEC.12.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 12. Endorsement for Independent Practice School Psychologists › 20-28-12-4. Provision of Services on Private Basis

Sec. 4. (a) A school psychologist who is not employed or excused from employment as described in section 3(2) of this chapter may not provide services on a private basis to an individual unless the school psychologist receives a referral from one (1) of the following:
(1) A developmental center.
(2) A public school or private school.
(3) A physician licensed under IC 25-22.5.
(4) A health service professional in psychology licensed under IC 25-33-1.
(5) The individual's parent if the individual is an unemancipated minor.
(b) A school psychologist who is endorsed under this chapter may not provide services on a private basis to a student:
(1) who attends a school (including a nonpublic school) to which the school psychologist is assigned; or
(2) whom the school psychologist would normally be expected to serve.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.9-5.]
As added by P.L.1-2005, SEC.12. Amended by P.L.196-2023, SEC.2.
2023 Indiana Code › Title 20. Education › Article 28. School Teachers › Chapter 12. Endorsement for Independent Practice School Psychologists › 20-28-12-5. School Psychologist; Disclosure of Information

Sec. 5. A school psychologist who is endorsed under this chapter may not disclose any information acquired from persons with whom the school psychologist has dealt in a professional capacity, except under the following circumstances:
(1) Trials for homicide when the disclosure relates directly to the fact or immediate circumstances of the homicide.
(2) Proceedings:
(A) to determine mental competency; or
(B) in which a defense of mental incompetency is raised.
(3) Civil or criminal actions against a school psychologist for malpractice.
(4) Upon an issue as to the validity of a document.
(5) If the school psychologist has the express consent of the client or, in the case of a client's death or disability, the express consent of the client's legal representative.
(6) Circumstances under which privileged communication is lawfully invalidated.
(7) Disclosures required by IC 20-33-7.5.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.9-6.]
As added by P.L.1-2005, SEC.12. Amended by P.L.248-2023, SEC.2.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 1. Findings and Intent › 20-29-1-1. Intent

Sec. 1. The general assembly declares the following:
(1) The citizens of Indiana have a fundamental interest in the development of harmonious and cooperative relationships between school corporations and their certificated employees.
(2) Recognition by school employers of the right of school employees to organize and acceptance of the principle and procedure of collective bargaining between school employers and school employee organizations can alleviate various forms of strife and unrest.
(3) The state has a basic obligation to protect the public by attempting to prevent any material interference with the normal public school educational process.
(4) The relationship between school corporation employers and certificated school employees is not comparable to the relationship between private employers and employees for the following reasons:
(A) A public school corporation is not operated for profit but to ensure the citizens of Indiana rights guaranteed them by the Constitution of the State of Indiana.
(B) The obligation to educate children and the methods by which the education is effected will change rapidly with:
(i) increasing technology;
(ii) the needs of an advancing civilization; and
(iii) requirements for substantial educational innovation.
(C) The general assembly has delegated the discretion to carry out this changing and innovative educational function to the governing bodies of school corporations, composed of citizens elected or appointed under applicable law, a delegation that these bodies may not and should not bargain away.
(D) Public school corporations have different obligations concerning certificated school employees under constitutional and statutory requirements than private employers have to their employees.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-1.]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-2. "Bargain Collectively"

Sec. 2. "Bargain collectively" means the performance of the mutual obligation of the school employer and the exclusive representative to:
(1) meet at reasonable times to negotiate in good faith concerning the items enumerated in IC 20-29-6-4; and
(2) execute a written contract incorporating any agreement relating to the matters described in subdivision (1).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(n).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-3. "Board"

Sec. 3. "Board" refers to the Indiana education employment relations board established by IC 20-29-3-1.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(m).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-4. "Certificated Employee"

Sec. 4. "Certificated employee" means a person:
(1) whose contract with the school corporation requires that the person hold a license or permit from the division of professional standards of the department under IC 20-28; or
(2) who is employed as a teacher by a charter school established under IC 20-24.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(f).]
As added by P.L.1-2005, SEC.13. Amended by P.L.1-2007, SEC.145.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-5. "Confidential Employee"

Sec. 5. "Confidential employee" means a school employee whose:
(1) unrestricted access to confidential personnel files; or
(2) functional responsibilities or knowledge in connection with the issues involved in dealings between the school corporation and its employees;
makes the school employee's membership in a school employee organization incompatible with the school employee's official duties.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(i).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-6. "Deficit Financing"; Gary and Muncie School Corporations

Sec. 6. "Deficit financing" for a budget year:
(1) means, except as provided in subdivision (2), actual expenditures exceeding the employer's current year actual education fund revenue and, for a school employer for which the voters have passed an operating referendum tax levy under IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9, the amount of revenue certified by the department of local government finance, excluding money distributed to a charter school under IC 20-46-1-21 or IC 20-46-9-22; or
(2) means, in the case of any distressed school corporation, the Gary Community School Corporation, or the Muncie Community school corporation, actual expenditures plus additional payments against any outstanding debt obligations exceeding the employer's current year actual education fund revenue, and, for a school employer for which the voters have passed an operating referendum tax levy under IC 20-46-1 or a school safety referendum tax levy under IC 20-46-9, excluding money distributed to a charter school under IC 20-46-1-21 or IC 20-46-9-22, the amount of revenue certified by the department of local government finance.
Except as provided in IC 20-29-6-3(c), revenue does not include money estimated to be or actually transferred from the school corporation's operations fund to its education fund.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(q).]
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.7; P.L.244-2017, SEC.55; P.L.213-2018(ss), SEC.24; P.L.213-2018(ss), SEC.25; P.L.211-2019, SEC.24; P.L.254-2019, SEC.1; P.L.272-2019, SEC.5; P.L.189-2023, SEC.26.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-7. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(o).]
As added by P.L.1-2005, SEC.13. Repealed by P.L.200-2023, SEC.24.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-8. "Employees Performing Security Work"

Sec. 8. "Employees performing security work" means a school employee:
(1) whose primary responsibility is the protection of personal and real property owned or leased by the school corporation; or
(2) who performs police or quasi-police powers.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(j).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-9. "Exclusive Representative"

Sec. 9. "Exclusive representative" means the:
(1) school employee organization that has been:
(A) certified for purposes of this article by the board; or
(B) recognized by a school employer as the exclusive representative of the employees in an appropriate unit;
under IC 20-29-5-1 through IC 20-29-5-5; or
(2) person or persons authorized to act on behalf of a representative described in subdivision (1).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(l).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-10. "Governing Body"

Sec. 10. "Governing body" means:
(1) a board of school commissioners;
(2) a metropolitan board of education;
(3) a board of trustees;
(4) any other board or commission charged by law with the responsibility of administering the affairs of a school corporation; or
(5) the body that administers a charter school established under IC 20-24.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(b).]
As added by P.L.1-2005, SEC.13. Amended by P.L.233-2015, SEC.220.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-11. "Noncertificated Employee"

Sec. 11. "Noncertificated employee" means a school employee whose employment is not dependent on the holding of a license or permit under IC 20-28.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(g).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-12. "School Corporation"

Sec. 12. "School corporation" means a local public school corporation established under Indiana law. The term includes any:
(1) school city;
(2) school town;
(3) consolidated school corporation;
(4) metropolitan school district;
(5) township school corporation;
(6) county school corporation;
(7) united school corporation;
(8) community school corporation; and
(9) public career and technical education center or school or school for children with disabilities established or maintained by two (2) or more school corporations.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(a).]
As added by P.L.1-2005, SEC.13. Amended by P.L.234-2007, SEC.109; P.L.233-2015, SEC.221.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-13. "School Employee"

Sec. 13. "School employee" means a full-time certificated person in the employment of the school employer. A school employee is considered full time even though the employee does not work during school vacation periods and accordingly works less than a full year. The term does not include:
(1) supervisors;
(2) confidential employees;
(3) employees performing security work;
(4) noncertificated employees; and
(5) adjunct teachers who hold permits issued under IC 20-28-5-27.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(e).]
As added by P.L.1-2005, SEC.13. Amended by P.L.168-2022, SEC.16.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-14. "School Employee Organization"

Sec. 14. "School employee organization" means an organization that:
(1) has school employees as members; and
(2) as one (1) of its primary purposes, represents school employees in dealing with their school employer.
The term includes a person or persons authorized to act on behalf of the organization.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(k).]
As added by P.L.1-2005, SEC.13.
2023 Indiana Code › Title 20. Education › Article 29. Collective Bargaining for Teachers › Chapter 2. Definitions › 20-29-2-15. "School Employer"

Sec. 15. "School employer" means:
(1) the governing body of each:
(A) school corporation; or
(B) charter school established under IC 20-24; and
(2) a person or persons authorized to act for the governing body of the school employer in dealing with its employees.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(c).]
As added by P.L.1-2005, SEC.13.