reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 3.1 - Unfair Practice Procedure › Section 3.1-6 - Appeal; objection to hearing examiner's recommended order; deadline; transcript

Current through July 10, 2024
Authority: IC 20-29-3-11
Affected: IC 4-21.5-3; IC 20-29-7-4
Sec. 6.
(a) An
				appeal of the hearing examiner's recommended order may be initiated by filing a
				notice of objection with the board.
(b) A party has fifteen (15) days from the
				date the recommended order is issued to file a notice of objection, subject to
				the requirements of IC 4-21.5-3.
(c) The notice shall:
(1) be in writing;
(2) identify the part or parts of the hearing
				examiner's recommended order to which the party objects;
(3) state whether the party wants a
				transcript prepared;
(4) state the
				basis of the objection or objections with reasonable particularity;
(5) be filed electronically with the board,
				as prescribed in
				560 IAC
				2-6-1.1 or as otherwise permitted by IC 4-21.5-3 -1;
				and
(6) be served on the opposing
				party in accordance with IC 4-21.5-3 -1.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 3.1 - Unfair Practice Procedure › Section 3.1-7 - Board action

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC
				  4-21.5-3-29;
				  IC
				  20-29-7-4
Sec. 7.
(a) In the
				event that no notice of objection is timely filed and the board does not set a
				meeting to revise the hearing examiner's recommended order within fifteen (15)
				days from the date the recommended order is issued, such order shall become the
				final order of the board. The executive director shall issue a final order
				adopting the hearing examiner's recommended order as the board's final order
				without further action of the board.
(b) If a notice of objection is timely filed
				pursuant to section 6 of this rule, the executive director shall establish a
				briefing schedule.
(c) If a notice
				of objection is filed, the board shall hear oral argument, if requested by a
				party.
(d) The board shall issue a
				final order in accordance with IC
				4-21.5-3-29.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 3.1 - Unfair Practice Procedure › Section 3.1-8 - Mediation

Current through July 10, 2024
Authority: IC 20-29-3-11
Affected: IC 20-29-7-4
Sec. 8.
(a) The
				parties may agree to engage in mediation to resolve the unfair practice claim
				or claims at any time prior to the board's final decision.
(b) A request for mediation shall be made to
				the executive director and the hearing examiner, if appointed.
(c) The executive director shall appoint a
				mediator as soon as practicable after receiving the request and notify the
				parties of such appointment.
(d)
				Mediations under this rule shall be subject to
				560 IAC
				2-6-10.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 3.1 - Unfair Practice Procedure › Section 3.1-9 - Expedited proceedings when impasse is stayed due to unfair practice complaint

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC 4-21.5-3; IC
				  20-29-7-4
Sec. 9.
(a) In the
				event impasse is stayed as the result of an unfair practice complaint, the
				unfair practice proceedings shall be conducted in accordance with IC 4-21.5-3
				and this section.
(b) The executive
				director shall appoint a hearing examiner within two (2) business days of the
				date the complaint is filed.
(c)
				The hearing examiner shall set an expedited discovery schedule, and all
				discovery shall be completed no later than sixty (60) days of the date the
				complaint was filed.
(d) Any motion
				for summary judgment shall be filed no later than ninety (90) days of the date
				the complaint was filed.
(e) The
				hearing examiner may not grant any extension of time to file a motion for
				summary judgment or any responses thereto.
(f) The hearing shall be conducted within one
				hundred eighty (180) days of the date the complaint was filed.
(g) The hearing examiner shall not grant any
				extensions of time unless an emergency exists.
(h) The hearing examiner shall issue a
				written report within thirty (30) days of the later of:
(1) the conclusion of the hearing;
				or
(2) submission of proposed
				findings of fact.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 3.1 - Unfair Practice Procedure › Section 3.1-10 - Compliance and enforcement

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC 4-21.5-6
Sec. 10.
Compliance or enforcement of a board order may be pursued in
				  accordance with IC 4-21.5-6.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 4 - Impasse Procedures › Section 4-1 - Resolution of an impasse; petition for assistance

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-13
Affected: IC 20-29-6
Sec. 1.
(a) The
				executive director shall declare impasse sixty (60) days following the
				beginning of formal bargaining if either of the following occurs:
(1) The parties notify the board of
				impasse.
(2) The parties are, or
				are supposed to be under the terms of their CBA, in collective bargaining for
				all or part of a CBA and have not submitted a CBA to the board.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 4 - Impasse Procedures › Section 4-3 - Mediation

Current through July 10, 2024
Authority: IC 20-29-3-11; IC 20-29-6-13
Affected: IC 20-29-6
Sec. 3.
(a) Upon a
				declaration of impasse, the executive director shall appoint a mediator within
				fifteen (15) days of declaration of impasse.
(b) Mediation will consist of one (1) to
				three (3) sessions and shall continue no more than thirty (30) days. Mediation
				will end with the submission to the board of a ratified CBA or the exchange of
				last best offers.
(c) Parties at
				impasse shall engage in at least one (1) mediation session prior to the
				initiation of factfinding.
(d)
				Prior to declaration of impasse, parties may request appointment of a mediator
				through the board. The parties shall split the cost of pre-impasse mediation
				equally. The pre-impasse mediator shall not be the impasse mediator unless both
				parties agree to continue to utilize the pre-impasse mediator.
(e) Mediations under this rule shall be
				subject to
				560 IAC
				2-6-10.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 4 - Impasse Procedures › Section 4-3.1 - Last best offer

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-15.1
Affected: IC
				  20-29-6-12.5
Sec. 3.1.
(a) Each
				party shall submit its LBO to the opposing party and the board at the end of
				the thirty (30) day period for mediation.
(b) Each party's LBO shall contain a signed
				verification stating that all information is correct and that the LBO does not
				place the school employer in a position of deficit financing. The LBO shall:
(1) be submitted in the format required by
				the board; and
(2) include all
				information and documents required by the board.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 4 - Impasse Procedures › Section 4-4 - Factfinding

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-15.1;
				  IC
				  20-29-8-7
Affected: IC 20-29-6; IC
				  20-29-8-8
Sec. 4.
(a) Within
				fifteen (15) days of the end of an unsuccessful mediation, the executive
				director will appoint a factfinder.
(b) The factfinder shall, within thirty (30)
				days of appointment, investigate the parties' LBOs and pick one (1) to be the
				parties' CBA.
(c) If parties in the
				factfinding process are able to reach a settlement, they shall submit identical
				LBOs to the factfinder, and the factfinder shall impose the terms of the joint
				LBO as the CBA, if the LBO does not place the school employer in a position of
				deficit financing and is otherwise compliant. Each party's LBO shall contain a
				verification statement, as required by section 3.1 of this rule.
(d) Each party has a maximum of two (2) hours
				to present in the factfinding hearing and one (1) hour for rebuttal. The
				factfinder may allow additional time for the hearing.
(e) The factfinder shall issue a report with
				proposed findings of fact and conclusions of law.
(f) The factfinder may consult with, utilize,
				and rely upon a neutral financial consultant or other expert during the
				factfinding investigation. Neutral shall mean that the financial consultant or
				other expert does not have any conflicts of interest with either
				party.
(g) For LBOs that do not
				place a school employer in a position of deficit financing, the factfinder may
				strike noncompliant terms. Where both LBOs place the school employer in a
				position of deficit financing, the factfinder may modify or strike terms of the
				LBO most consistent with IC
				20-29-8-8
				to ensure the LBO does not place the school in a position of deficit financing
				and is otherwise compliant. Nothing in this rule shall be construed to permit
				the factfinder to impose terms beyond those proposed by the parties.
(h) The board shall issue the factfinder's
				report to the public within ten (10) days of the issuance of the report. The
				board may make changes to correct any errors to the factfinder's report, prior
				to its issuance, but is not required to do so.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 4 - Impasse Procedures › Section 4-6 - Appeal of factfinding reports

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-18
Affected: IC 20-29-6; IC
				  20-29-8-8
Sec. 6.
(a) To
				obtain board review of a factfinding report, a request for review shall be made
				by the school employer or the exclusive representative within thirty (30) days
				after issuance of the report or revised issuance by the board, whichever is
				later.
(b) The written request for
				review shall state the nature of the objection to the report.
(c) The appeal of a factfinding report must
				be in writing, stating the specific nature of each objection to the report. Any
				party in opposition to the appeal may file an answering brief. Any answering
				brief shall be filed within fifteen (15) days of the filing of the appeal with
				the board. No additional briefs may be filed unless requested by the board. The
				board shall decide the matter upon the record, with or without oral argument,
				at the board's discretion.
(d) The
				appealing party shall bear the cost for preparation of a hearing
				transcript.
(e) The board may
				consult with, utilize, and rely upon a neutral financial consultant or other
				expert in its review of a factfinding report. Neutral shall mean that the
				financial consultant or other expert does not have any conflicts of interest
				with either party.
(f) For LBOs
				that do not place a school employer in a position of deficit financing, the
				board may strike noncompliant terms. Where both LBOs place the school employer
				in a position of deficit financing, the board may modify or strike terms of the
				LBO most consistent with IC
				20-29-8-8
				to ensure the LBO does not place the school in a position of deficit financing
				and is otherwise compliant. Nothing in this rule shall be construed to permit
				the board to impose terms beyond those proposed by the parties.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 4 - Impasse Procedures › Section 4-7 - Stay of impasse

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-13
Affected: IC 20-29-6
Sec. 7.
(a) Impasse
				shall be stayed when an unfair practice complaint is filed and:
(1) the complaint requests a stay of impasse
				procedures;
(2) the complaint
				alleges that a school employer committed an unfair labor practice;
				and
(3) the subject matter of the
				case effects impasse procedures or the ability of a party to bargain.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 5 - Research › Section 5-1 - Collective bargaining agreements; filing

Current through July 10, 2024
Authority: IC 20-29-3-11
Affected: IC 20-29-3-14
Sec. 1.
Every school employer entering into a written collective
				  bargaining agreement with an exclusive representative shall file a ratified
				  copy of the collective bargaining agreement with the board consistent with
				  560
				  IAC 2-8-2.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 5 - Research › Section 5-2 - Provision of information and documents

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC
				  20-29-3-14
Sec. 2.
(a) Every
				school employer and exclusive representative shall timely submit any documents
				or information required by the board or the executive director, as permitted by
				law.
(b) The documents and
				information required to be submitted shall be communicated to school employers
				electronically, and posted on the board's website.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - General Matters › Section 6-1.1 - Electronic filing and service

Current through July 10, 2024
Authority: IC 20-29-3-11
Affected: IC 4-21.5-3-1; IC 20-29
Sec. 1.1.
(a) This
				section shall apply to all board actions and filings. Filings in unfair labor
				actions pursuant to
				560 IAC
				2-3.1 may also be filed by any means permitted by IC
				4-21.5-3-1.
(b) An action shall be commenced by filing
				electronically in a manner prescribed by the board (e-filing).
(c) Electronic filing of documents is as
				follows:
(1) Unless otherwise permitted by
				this article, all documents submitted for filing shall be filed electronically
				with the board using the electronic filing method prescribed by the
				board.
(2) Attorneys, non-attorney
				representatives, or unrepresented litigants who wish to be exempted from the
				requirement that they file electronically may file a petition for electronic
				filing exemption. The petition shall be filed in each pending case to which
				these rules are applicable. The petition will be reviewed by the adjudicator
				assigned to that case and granted only upon a showing of good cause.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - General Matters › Section 6-2 - Representatives of parties and attorneys

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC 20-29
Sec. 2.
(a) A party
				may be represented by any person or attorney it may authorize to appear before
				the board on the party's behalf, and there shall be no limit on the number of
				such representatives who may appear. Each person or attorney appearing for a
				party shall file an appearance form. However, each party shall designate one
				(1) person for the purpose of service of notice, pleadings, and papers by the
				board and other parties. Service on the designated representative shall be
				deemed to be service on the party and all other representatives.
(b) This rule shall not be read to permit
				non-attorneys to engage in legal representation for which admission by the
				Indiana supreme court is required.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - General Matters › Section 6-7 - Correspondence with the board and its agents

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC 20-29
Sec. 7.
All correspondence on pending proceedings directed to the
				  board, individual members of the board, a hearing officer, a hearing examiner,
				  a mediator, a factfinder, or any other agent of the board, shall be served on
				  all other parties to such proceedings by simultaneously emailing a copy to
				  other parties; provided, however, this section in no way shall be construed to
				  impair the confidentiality of the mediation, factfinding, or representation
				  process.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - General Matters › Section 6-8 - Time limits

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC
				  4-21.5-3-2; IC
				  20-29
Sec. 8.
(a) In
				instances where this article, IC 20-29, and IC 4-21.5-3 do not provide a time
				by which an act must be accomplished, the executive director, hearing officer,
				hearing examiner, board, or an agent of the board may set the time. For good
				cause shown, the executive director, hearing officer, hearing examiner, board,
				or an agent of the board may also extend the time by which an act may be
				accomplished.
(b) In computing any
				period of time under this article, not otherwise specified, the board shall
				refer to IC
				4-21.5-3-2 to
				compute a period of time for the filing of papers or accomplishing an
				act.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - General Matters › Section 6-10 - Mediation

Current through July 10, 2024
Authority: IC
				  20-29-3-11
Affected: IC 20-29
Sec. 10.
(a) All
				mediations conducted under this article shall be confidential and subject to
				Rule 2 Mediation of the Indiana Rules for Alternative Dispute Resolution
				adopted by the Indiana supreme court, last amended on February 9, 2017, not
				including any subsequent amendments, which is incorporated in this article by
				reference and may be obtained from the Indiana supreme court online, except to
				the extent outlined in this article. All mediations shall be subject to Rule 2
				of the Indiana Rules for Alternative Dispute Resolution, except to the extent
				such rule is inconsistent with this article.
(b) Mediators shall be appointed by the
				executive director from the board's staff or ad hoc panel.
(c) Mediators are not required to be
				registered mediators or attorneys.
(d) A mediator shall not be subject to
				process requiring the disclosure of any matter occurring during the mediation
				except in a separate matter as required by law.
(e) Mediation shall be regarded as settlement
				negotiations.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - General Matters › Section 6-11 - Ad hoc panel

Current through July 10, 2024
Authority: IC
				  20-29-3-3.1;
				  IC
				  20-29-3-11
Affected: IC 20-29
Sec. 11.
(a) The
				executive director shall maintain an ad hoc panel comprised of qualified
				individuals to serve as mediators, hearing examiners, hearing officers,
				factfinders, compliance officers, financial consultants, and
				trainers.
(b) To be considered for
				the ad hoc panel, individuals must submit an ethics obligation and
				acknowledgment, information sheet, application, and resume to the executive
				director.
(c) The executive
				director and any board member may recommend potential ad hocs to the
				panel.
(d) The executive director,
				at the executive director's discretion, may:
(1) remove individuals from the ad hoc panel:
(A) for violations of subsection
				(f);
(B) if requested by the ad
				hoc;
(C) if the ad hoc's current
				employment presents a conflict of interest or is otherwise barred by
				statute;
(D) if the ad hoc has not
				had an appointment in the past five (5) years; or
(E) for other good or just cause after notice
				to the ad hoc; and
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-1 - Compliance rubric

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-6.1
Affected: IC 20-29-6
Sec. 1.
The board shall do the following:
(1) Develop a rubric for use in reviewing a
				CBA to determine its compliance with IC 20-29-6.
(2) Publish the rubric on the board's website
				no later than July 1, 2015.
(3)
				Annually review and update the compliance rubric for use in reviewing a CBA to
				determine its compliance, as needed.
(4) Publish the updated rubric on the board's
				website no later than thirty (30) days prior to the start of formal
				bargaining.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-2 - Submission of ratified collective bargaining agreement; compliance officer appointment

Current through July 10, 2024
Authority: IC 20-29-3-11; IC 20-29-6-6.1
Affected: IC 20-29-6-6.1
Sec. 2.
(a) As soon
				as practicable after ratification by both parties, the school employer shall
				submit a copy of the ratified CBA (as defined in
				560 IAC 2-1-2) ,
				including the compensation plan, to the board in the manner prescribed by the
				board.
(b) The executive director
				shall appoint a compliance officer to review the CBA using the rubric described
				in section 1 of this rule.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-3 - Compliance officer's review and report

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-6.1
Affected: IC
				  20-29-6-6.1
Sec. 3.
(a) If the
				compliance officer needs to clarify or request additional information about the
				CBA or an MOU, the compliance officer shall contact both the school employer
				and the exclusive representative.
(b) Upon completion of the review of a CBA,
				the compliance officer shall prepare a written compliance report and
				recommendation (report).
(c) Upon
				completion of the review of an MOU, the compliance officer shall prepare a
				written addendum to the original report.
(d) The report or addendum shall, as
				applicable:
(1) identify and describe any and
				all noncompliant items; and
(2)
				recommend a penalty for such noncompliance that may include one (1) or more of
				the following:
(A) Ordering the parties to
				cease and desist from all identified areas of noncompliance.
(B) Requiring the parties to obtain written
				approval from the board or board's agent prior to ratifying any subsequent CBA
				or MOU.
(C) Requiring any other
				action deemed appropriate by the compliance officer as authorized by state
				law.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-4 - Memorandum of understanding; compliance review

Current through July 10, 2024
Authority: IC 20-29-3-11; IC 20-29-6-6.1
Affected: IC 20-29-6-6.1
Sec. 4.
(a) Any MOU
				as defined in
				560 IAC 2-1-2 is
				subject to review by a compliance officer pursuant to this rule.
(b) Any MOU not submitted as required by this
				rule constitutes a failure to submit a complete CBA and may result in a finding
				of noncompliance with a penalty of requiring board approval prior to ratifying
				any subsequent CBA or MOU.
(c) Any
				MOU ratified by the parties outside the bargaining timelines, except to the
				extent permitted by this section, is noncompliant.
(d) Notwithstanding subsection (c), the
				following may constitute an exception to a finding of noncompliance for
				bargaining outside the allowable bargaining timelines:
(1) Newly discovered information or an
				unanticipated event that was not known or available at the time the parties
				ratified the original CBA.
(2)
				Nonrule policy guidance issued by the board addressing unanticipated
				circumstances impacting multiple bargaining parties and allowing parties to
				bargain and ratify a limited MOU outside of the bargaining timelines.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-5 - Compliance officer's report or addendum to parties

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-6.1
Affected: IC
				  20-29-6-6.1
Sec. 5.
(a) The
				compliance officer will provide the parties with a copy of the compliance
				officer's report or addendum via email to each party's contact information on
				file with the board.
(b) Unless
				otherwise indicated in this rule, all correspondence for CBA and MOU compliance
				reviews, including approval or denial of approval to ratify as described in
				section 8 of this rule, shall be via email. Receipt of an email will be
				presumed upon dispatch.
(c) Until
				such time as the board has issued a final order or a party has appealed, the
				compliance officer shall retain jurisdiction of the compliance report and may
				correct a compliance report to ameliorate any errors or omissions in the
				compliance report.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-6 - Appeal of findings of noncompliance or penalty

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-6.1
Affected: IC
				  20-29-6-6.1
Sec. 6.
(a) Parties
				have fifteen (15) days from the date the report, corrected report, or addendum
				is issued to appeal:
(1) a finding of
				noncompliance;
(2) a recommended
				penalty; or
(3) both a finding of
				noncompliance and a recommended penalty.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-7 - Board order on appeal

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-6.1
Affected: IC
				  20-29-6-6.1
Sec. 7.
(a) The
				board shall issue a final order within thirty (30) days of the board hearing on
				the appeal.
(b) In the event no
				timely appeal is filed, the compliance officer's report or addendum shall
				become the final order of the board.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-8 - Prior approval for ratifying subsequent agreement

Current through July 10, 2024
Authority: IC 20-29-3-11; IC 20-29-6-6.1
Affected: IC 20-29-6-6.1; IC 20-29-6-13
Sec. 8.
(a) If the
				final order of the board requires the parties to obtain written approval prior
				to ratifying any subsequent CBA or MOU, the following shall occur:
(1) The executive director shall appoint a
				compliance officer to review the tentatively agreed upon CBA or MOU.
(2) The written appointment shall:
(A) be made no later than the first day of
				formal bargaining; and
(B) be
				provided to both the school employer and the exclusive
				representative.
(3) The
				school employer shall submit a copy of the tentatively agreed upon CBA or MOU
				to the compliance officer in the manner prescribed by the compliance
				officer.
(4) The compliance officer
				shall review the CBA or MOU and provide the parties with a written notice of
				approval or denial.
Indiana Administrative Code › Title 560 - INDIANA EDUCATION EMPLOYMENT RELATIONS BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Review of Collective Bargaining Agreements › Section 8-9 - Applicability of IC 4-21.5

Current through July 10, 2024
Authority: IC
				  20-29-3-11; IC
				  20-29-6-6.1
Affected: IC 4-21.5; IC
				  20-29-6-6.1
Sec. 9.
IC 4-21.5 does not apply to the reviews under this
				  rule.
Indiana Administrative Code › Title 570 - INDIANA COMMISSION ON PROPRIETARY EDUCATION

Current through July 10, 2024
Agency abolished by IC 21-18.5-1-5(a), effective July 1, 2012.
Transferred from the Indiana Commission on Proprietary Education (570 IAC) to the Department of Workforce Development (646 IAC 6) by IC 21-18.5-1-5(f), effective July 1, 2012.
Indiana Administrative Code › Title 572 - INDIANA COMMISSION ON VOCATIONAL AND TECHNICAL EDUCATION › Article 1 - POLICIES AND PROCEDURES (TRANSFERRED)

Current through July 10, 2024
Transferred from the Indiana Commission on Vocational and Technical Education (572 IAC 1) to the Department of Work Force Development (646 IAC 4) by  P.L. 105-1994,  SECTION 5, effective July 1, 1994.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 1 - General Provisions › Section 1-1 - Applicability of specifications; definitions

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-2-8
Sec. 1.
(a) The definitions in this section apply throughout this article.
(b) "Multifunction school activity bus" or "MFSAB" means a bus of any type for use in transporting children on trips other than those between home and school. MFSABs may not be used for picking up and dropping off of regular education children during service between home and school and are thus not required to be equipped with functional traffic control devices. MFSABs may be used for picking up and dropping off special education, homeless, and foster children during service between home and school as long as they are not picked up in a location that would require the use of traffic control devices. MFSABs are required to meet all:
(1) requirements in the school bus crashworthiness standards;
(2) other requirements in the school bus crash avoidance safety standards; and
(3) post crash school bus standards.
All MFSABs must meet all federal and Indiana state construction and inspection standards of a school bus with the exception of functional traffic control devices.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 1 - General Provisions › Section 1-4 - Written certification of compliance

Current through July 10, 2024
Authority: IC  20-27-3-4
Affected: IC  20-27-9
Sec. 4.
(a) Body and chassis manufacturers must annually certify to the state school bus committee that all school bus bodies and chassis supplied to Indiana schools comply with the provisions of 575 IAC 1. Manufacturers must submit the certification required under this section on or before February 1.
(b) No school bus may be placed in service or remain in service in Indiana if it does not meet the minimum specifications of this article.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 1 - General Provisions › Section 1-4.6 - Display of United States flag

Current through July 10, 2024
Authority: IC
				  20-27-3-4;
				  IC
				  20-27-3-6
Affected: IC 20-27
Sec. 4.6.
(a) A
				school bus may display the United States flag.
(b)  The flag must:
(1) be a decal only;
(2) not contain any words, lettering,
				slogans, or symbols;
(3) be
				nonreflective;
(4) be a maximum of
				three (3) inches high with proportional length;
(5) have straight horizontal stripes with the
				union facing the front of the school bus;
(6) be located on both sides of the school
				bus beneath the first passenger window and centered vertically in the belt line
				between the rub rails;
(7) be the
				same size on each side; and
(8) not
				obscure the governing body name, bus number, other identifiers, or equipment in
				the belt line.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 1 - General Provisions › Section 1-5 - Applicability of minimum specifications

Current through July 10, 2024
Authority: IC
				  20-27-3-4
Affected: IC 20-27-9
Sec. 5.
(a) The
				minimum specifications outlined in this title apply to all school buses that
				are:
(1) owned;
(2) operated;
(3) leased; or
(4) otherwise used; by school corporations,
				private schools, or authorized agencies to transport children under IC
				20-27.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 1 - General Provisions › Section 1-6 - Deviation from minimum specifications

Current through July 10, 2024
Authority: IC  20-27-3-4
Affected: IC  20-27-9
Sec. 6.
Any deviation from the standards set forth in this title must be approved by the department of education. If the department denies a request to place additional equipment on the bus, an appeal may be made to the state school bus committee.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-1 - Air cleaner

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 1.
The engine intake air cleaner must meet engine
				  specifications.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-2 - Axles

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 2.
The axles or other suspension assemblies must be compatible
				  with a GVWR of at least 10,000 pounds.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-3 - Brakes

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 3.
(a) A full
				compressed air or hydraulic brake system must be installed in each
				bus.
(b) All brake linings must be
				made of non-asbestos materials. Brake lining areas must be protected by an
				adequate dust cover.
(c) Buses
				using an hydraulic assist booster in the brake system must have audible and
				visible warning signals that provide continuous warning to the driver when
				there is a loss of fluid flow from the primary source or a loss of electricity
				to the back-up system.
(d) If an
				air brake system is used, alcohol evaporators or injectors are prohibited.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-4 - Front bumper

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 4.
(a) The
				chassis manufacturer must furnish the front bumper as part of the
				chassis.
(b) The front bumper must
				extend to the outer edges of the fenders at the bumper top line and be made of
				pressed steel channel that is at least three-sixteenths (3/16) inches thick.
				Chrome bumpers are prohibited.
(c)
				The front bumper must be black.
(d)
				The only permissible applications on the front bumper are a yellow bus number
				and black, abrasive, non-skid tape.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-5 - Clutch

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 5.
The clutch torque capacity must be equal to or greater than
				  the engine torque output. The clutch must be made of non-asbestos materials.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-6 - Color of chassis

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 6.
(a) The
				chassis, including the wheels and the front bumper, must be black. Rims may be
				gray or black. The hood, cowl, and fenders must be national school bus yellow.
				The top of the hood may be painted a low-luster yellow color to minimize
				glare.
(b) The grill may be black,
				national school bus yellow, or chrome plated.
(c) All paint must be lead-free.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-7 - Drive shaft

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 7.
The drive shaft must be protected by metal guards to prevent
				  it from whipping through the floor if it breaks.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-8 - Electrical system

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 8.
(a) The
				alternator and rectifier must have a minimum output capacity of 80 amperes. If
				the bus has a passenger capacity of more than 36, the output capacity must be
				at least 100 amperes. A single belt drive is permissible.
(b) The battery must be conventional
				(lead-antimony) or maintenance free sealed (lead-calcium). Each battery system
				must be twelve (12) volt with at least 430 CCA (cold cranking amperes) per
				J-537h specifications. If the bus has a diesel engine, the battery system must
				have a minimum of 900 CCA. If the battery is mounted outside of the engine
				compartment, it may be temporarily mounted to the chassis. One piece battery
				cables, SAE J-541, that are at least 36 inches longer than normally required to
				accommodate the battery when located 52 inches to the rear of the cowl, must be
				used.
(c) The chassis must be
				equipped with the following instruments and gauges:
(1) speedometer;
(2) odometer which will give accrued mileage,
				calibrated in tenths of miles;
(3)
				voltmeter or ammeter;
(4) oil
				pressure gauge;
(5) water
				temperature gauge;
(6) fuel
				gauge;
(7) upper beam headlamp
				indicator; and
(8) brake warning
				light.
All instruments must be easily accessible for maintenance and
				  repair. The instrument panel must have lamps of sufficient candlepower to
				  illuminate all instruments and gauges.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-9 - Exhaust system

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 9.
(a) The
				exhaust pipe, muffler, and tail pipe must be outside the bus body and attached
				to the chassis per the manufacturer's standards. The tail pipe must be
				constructed of seamless or electrically welded tubing that is at least (16)
				gauge steel or its equivalent. The size of the tail pipe as received from the
				manufacturer may not be altered.
(b) The exhaust system must be insulated from
				the fuel tank by a metal shield at any point where the exhaust system is twelve
				(12) inches or less from the tank.
(c) The muffler must be constructed of
				corrosion-resistant material.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-10 - Frame

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 10.
The frame must not extend the wheel base.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-11 - Fuel system

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 11.
(a) The
				fuel tank must meet the manufacturer's standards and must be mounted, filled,
				and vented outside the body.
(b) A
				diesel engine chassis must have a fuel/water separator with a sight bowl or a
				warning indicator on the instrument panel.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-12 - Horn

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 12.
Each bus must have two (2) electric horns of standard make
				  that are installed under the hood.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-13 - Heating system water lines

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 13.
The chassis engine must contain plugged openings for
				  supplying hot water to the bus heating system water lines. The openings must
				  accommodate a hose connector with a three-fourths (3/4) inch pipe thread. The
				  engine must supply water at 170 degrees Fahrenheit flowing 50 pounds per minute
				  through 30 feet of automotive hot water heater hose which has an inside
				  diameter of one (1) inch (SBMI Standard No. 001 - Standard Code for Testing and
				  Rating Automotive Bus Hot Water Heating and Ventilating Equipment). The chassis
				  manufacturer must install hose bibs in a location convenient for the
				  installation of the heater hose by the body manufacturer.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-14 - Oil filter

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 14.
The oil filter must meet the manufacturer's standards.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-15 - Openings

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 15.
All openings in the floorboard and firewall between the
				  chassis and passenger compartment, such as the openings for the gearshift lever
				  and the auxiliary brake lever, must be sealed.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-16 - Length

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 16.
The length of the bus may not exceed 36 feet.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-17 - Power

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 17.
The GVWR may not exceed 185 pounds per net published
				  horsepower of the engine at the manufacturer's recommended maximum number of
				  revolutions per minute.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-18 - Shock absorbers

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 18.
Every bus must have front and rear double-acting shock
				  absorbers, that meet the manufacturer's rated axle capacity.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-19 - Springs

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 19.
The springs or suspension assembly must accommodate a GVWR of
				  at least 10,000 pounds.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-20 - Steering gear

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 20.
The steering gear must be approved by the chassis
				  manufacturer and designed to assure safe and accurate performance when the bus
				  is operated with a maximum load and at maximum speed. It must provide for lash
				  adjustment for lost motion. The chassis manufacturer must approve an alteration
				  of the steering apparatus. There must be at least two (2) inches between the
				  steering wheel and any other surface. Nothing may be attached to the steering
				  wheel. Power steering is required. If the wear points are not permanently
				  lubricated, the steering gear assembly must be designed so that the wear points
				  can be lubricated.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-21 - Tires and rims

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 21.
(a) The
				tires must be of equal size, construction, and ply rating and have rims of
				equal size. All tires must conform to the GAWR.
(b) Regrooved or retread tires on front or
				single rear wheels are prohibited.
(c) The bus distributor's or manufacturer's
				recommendation on tire and rim size must be followed.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-22 - Transmission

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 22.
The transmission may be automatic or manual.
(1) An automatic transmission must have at
				least three (3) forward gear ratios. The transmission shift quadrant must have
				three (3) forward drive ranges plus neutral and reverse. Within the range
				selected, ratio changes must occur automatically at full engine power, without
				the use of an engine disconnect clutch.
(2) A manual transmission must be synchromesh
				in all gears except first and reverse. It must have at least three (3) forward
				gears and one (1) reverse gear. The gearshift must not interfere with the
				operation of the service door.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-23 - Undercoating

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 23.
The chassis manufacturer must coat the chassis-supplied body
				  components that are subject to rust with a compound that meets or exceeds
				  federal specifications TT-C520b. The compound must be made of non-asbestos
				  material.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-24 - Aisle

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 24.
(a) The
				width of the center aisle must be at least twelve (12) inches.
(b) The aisle supports of the seat backs must
				slant away from the aisle, leaving a clearance of at least 15 inches at the top
				of the seat backs.
Indiana Administrative Code › Title 575 - STATE SCHOOL BUS COMMITTEE › Article 1 - MINIMUM SPECIFICATIONS FOR SCHOOL BUSES › Rule 2.5 - Type B School Bus (Repealed) › Section 2.5-25 - Battery

Current through July 10, 2024
Authority: IC 20-27-3-4
Affected: IC 20-27-9
Sec. 25.
The chassis manufacturer must mount the battery outside of
				  the engine compartment. The body manufacturer must securely attach the battery
				  on a slide-out tray in a closed, vented, and accessible compartment of the body
				  skirt in accordance with SBMI Design Objectives Booklet, January, 1985. The
				  battery compartment cover must be secured by a fastener.