IC 20-28-9-1

Transcript IC 20-28-9-1

Senate Bill 575 and Changes to the Collective Bargaining Law

Michelle L. Cooper Bose McKinney & Evans LLP [email protected]

317-684-5223

Legal Bargaining Framework for Collective Bargaining Subjects of Bargaining Prior to SEA 575 3 Categories: 1. Mandatory subjects of bargaining; 2. Discussable or Non-mandatory subjects of bargaining; and 3.

“Grandfathered” subjects of bargaining – eliminated by SEA 575.

New Legal Framework Under SEA 575

Mandatory Subjects of Bargaining a. Salary b. Wages c. Salary and wage-related fringe benefits, including accident, sickness, health, dental, vision, life, disability, and retirement benefits.

d. Paid time off Hours was removed as a mandatory subject of bargaining.

New Legal Framework Under SEA 575

Prohibited Subjects of Bargaining a.

The school calendar Teacher dismissal procedures and criteria Restructuring options available under NCLB and PL 221 The ability to offer dual credit classes Any subject that is not specifically identified as a mandatory subject of bargaining Teacher evaluation procedures and criteria Prohibited subjects of bargaining may not be included in a collective bargaining agreement.

SEA 575 Changed the Definition of Deficit Financing

IC 20-29-2-6 – “Deficit Financing” “Deficit financing” for a budget year means

actual

expenditures exceeding

employer’s current year actual general fund revenue

Formerly, expenditures exceeding money legally available to the employer.

IC 20-29-6-3: Unlawful Deficit Financing

It is unlawful for the school employer to enter into any agreement that would place the employer in a position of deficit financing

the due to a reduction in employer’s actual general fund revenue or an increase in the employer’s expenditures when the expenditures exceed the employer’s current year actual general fund revenue

Deficit Financing – 2 Parts

IC 20-29-2-6

actual

expenditures exceeding

year actual general fund revenue

employer’s current

Expenditures > Actual General Fund Revenue IC 20-29-6-3

due to a reduction in the employer’s current employer’s actual general fund revenue or an increase in the expenditures when the expenditures exceed the year actual employer’s general fund revenue

Reduction in Revenue Employer’s Actual General Fund

What is the Consequence for Deficit Financing?

Any contract that provides for deficit financing is void to that extent; and Individual teachers’ contracts executed under the contract are void to that extent.

Who Determines Whether School is Engaging in Deficit Financing?

The Mediator?

The Fact-Finder?

The IEERB?

The Court?

NOTE

: IEERB used to be an executive agency that reported to the Governor’s Office. It is now an agency under the umbrella of the Indiana Department of Education.

IC 20-29-4-1: Rights of School Employees

School employees may: 1.

Form, join, or assist school employee organizations.

Participate in collective bargaining representatives of their own choosing.

through Engage in activities individually or in concert; To establish, maintain, or improve salaries, wages, and salary and wage-related fringe benefits and other matters set forth in IC 20-29-6-4 (mandatory subjects of bargaining) and IC 20-29-6-5 (arbitration provisions).

Removes bargaining

discussion.

IC 20-28-6 2: Regular Teacher’s Contract

(a) A contract entered into by a teacher and a school corporation must

: (1) be in writing; (2) be signed by both parties; and (3)

contain the

: (A) beginning date of the school term as determined annually by the school corporation; (B) number of days in the school term as determined annually by the school corporation; (C) total salary to be paid to the teacher during the school year; and (D) number of salary payments to be made to the teacher during the school year;

and (E) the number of hours per day the teacher is expected to work, as discussed pursuant to IC 20-29-6-7.

IC 20-29-4-3 and IC 20-29-6-11: Responsibilities of School Employers

School Employer Cannot Bargain Changes to the Statutory Dismissal Process

Repeals IC 20-29-6-11

, which allowed the school employer and the exclusive representative to bargain changes to the statutory grounds and procedures for contract cancellation and nonrenewal.

Precludes school employers from bargaining exceptions to the state suspension and discharge procedures.

Precludes having arbitrator review discharge decisions.

PL 217 and Committee Appointments

Under the old law, the exclusive representative had the right to appoint all teacher members of committees that make recommendations on mandatory subjects of discussion.

2. This practice usually precluded any teacher who was a member of the exclusive representative from serving on a Section 5 committee.

SEA 575 and Committee Appointments (New Language)

The percentage of teachers appointed by the exclusive representative to serve on statutory or locally created district wide committees may not exceed the percentage of teachers in the school corporation who are members of the exclusive representative.

The percentage applies to the number of teacher positions on a committee and not to the total number of positions on the committee.

This provision also applies to statutory or locally created school wide committees.

This section does not apply to the bargaining team for the exclusive representative.

IC 20-29-5-7: Committee Appointments (New Language)

A committee created under this section may not address mandatory subjects of bargaining.

A school employer’s appointment of a teacher to a committee under this section is not an unfair labor practice as it relates to the appointment of teacher committee members.

7. The local president must provide the Superintendent with of each school year.

lists of exclusive representative members in each school and for the entire school corporation by September 15

Example

Total Number of Teacher Members of Exclusive Representative Total Number of Teachers Employed by School Corporation = % of teachers exclusive representative appoints to the committee.

QUERY: Is this calculation done on a building-by-building basis or on a corporation-basis?

This percentage applies only to the number of teacher members on the committee and not to the total number of people on the committee.

Who picks the committee?

Who determines the number of people on the committee?

IC 20-29-6-1: Duty to Bargain Collectively

A school employer may only enter into a collective bargaining agreement including the mandatory subjects of collective bargaining.

2. Former definition was broader to allow bargaining on any of the matters which the parties bargained collectively in the past.

Many contracts included mandatory subjects of discussion in the collective bargaining agreement.

IC 20-29-6-2: Contracts

Any

contract may not include provisions that conflict with: 1.

Any right or benefit under state or federal law.

Any school employee rights set forth in IC 20-29-4-1 and IC 20-29-4-2.

Any school employer rights set forth in IC 20-29-4-3.

IC 20-29-6-2: Contracts

Any

contract may not include provisions that conflict with: This amendment struck the words

this chapter

”.

“

entered into

QUERY: Does this language extend to other employee contracts?

QUERY: Does this section apply to Memos of Understanding?

Are MOUs now limited to Section 4 items?

IC 20-29-6-2: Contracts

Any

contract may not include provisions that conflict with: 4.

NCLB/PL 221: school employer corporation or Restructuring options available to a under school to federal meet or state statutes, regulations, or rules because of the failure of the school federal or state accountability standards.

Dual Credit Classes: A school corporation’s ability to contract, partner or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity.

Prohibited Subjects of Bargaining: Prohibited subjects of bargaining listed in Section 4.5 of this chapter may not be included in collective bargaining agreements entered into after June 30, 2011.

IC 20-29-6-4: Subjects of Bargaining

Salary Wages Salary and wage-related fringe benefits including accident, sickness, health, dental, vision, life, disability, retirement benefits and

paid time off as permitted by IC 20-28-9-11

Removes Hours as a mandatory subject of bargaining.

Strikes “or other benefits” after health, vision, or dental benefits.

Paid Time Off as Permitted by IC 20-28-9-11

IC 20-28-9-11

Absences that are not described in sections 9 and 10 of this chapter

may be taken with pay when agreed on by the school employer and the exclusive representative under IC 20-29.

IC 20-28-9-9: Teacher Payments, Sick Days; Death in the Family

(a) Each teacher may be absent from work with pay: (1) On account of illness or quarantine for 10 days in the first year and 7 days in each succeeding year (referred to as “sick days”) in this chapter.

(2) For a death in the teacher’s immediate family for a period extending not more than 5 days beyond the death.

IC 20-28-9-9: Teacher Payments, Sick Days; Death in the Family

(b) If the teacher does not use all the teacher’s sick days in a school year, the unused days may accumulate up to a total of 90 days. However, each teacher shall be credited with the accumulated days accrued by the teacher on January 1, 1966.

IC 20-28-9-10: Teacher Payments, Accumulation of Sick Days with Another Employer

(a) (b) This section applies when a teacher accumulates at least one (1) sick day and then is employed in another school corporation.

Beginning in the teacher's second year, the teacher's employer shall add up to three (3) sick days each year to the number of sick days to which the teacher is entitled under section 9(a) [IC 20-28-9-9(a)] of this chapter until the accumulated sick days to which the teacher was entitled in the teacher's last employment are exhausted.

IC 20-29-6-4: Mandatory Subjects of Bargaining

Are Unpaid Leaves Salary and Wage-Related Fringe Benefits? 2 Thoughts: 1.

A teacher on unpaid leave is absent without leave, so unpaid leave is not a salary or wage related fringe benefit. Therefore, unpaid leave is not a mandatory subject of bargaining.

A teacher is on an unpaid leave approved by the Board employment with the right to return to – does that make it a salary and wage-related fringe benefit?

IC 20-29-6-4: Subjects of Bargaining

Salary and wages include the amounts of pay increases available to employees under the

salary schedule adopted under 20-28-9-1

but do not include the teacher evaluation procedures and criteria, or any components of the teacher evaluation plan, rubric, or tool

IC 20-28-9-1 = Merit Pay Statute (which was accidentally repealed)

IC 20-28-9-1: Computation of Minimum Salary

New Definition of Teacher “Teacher” means a professional person whose position in a school corporation requires certain educational preparation and licensing and

whose primary responsibility is the instruction of students.

“Teachers” are subject to the merit pay provisions of this chapter.

IC 20-28-9-1: Computation of Minimum Salary

For purposes of IC 20-28, the term (teacher) includes: A superintendent.

A principal.

A teacher.

A librarian.

Supervisors and attendance officers were removed from this definition.

20-28-9-1: Computation of Minimum Salary

Merit Pay Effective Date –The earlier of: 1.

July 1, 2012; or 2. Upon the expiration of a contract in existence on July 1, 2011 And governs salary increases for teachers employed by a school corporation on the date this section takes effect.

Question (from FAQ Published by IDOE)

Will current contracts, including those that have been extended through the new biennium, take precedence over the latest legislation on teacher evaluation, compensation, salary determination, and collective bargaining through the end of the next biennium?

Or will new legislation trump current contracts, even if extended?

Question (from FAQ Published by IDOE)

Although the new legislation cannot trump current contracts

, corporations should note that, under IC 20-28-11.5, “a school corporation must submit its staff performance evaluation plan to the department for approval in order to qualify for any grant funding related to this chapter.

” For many, if not most school corporations, this grant funding may represent the only new dollars available.

Evaluation is also a legal standard for accreditation.

Constitutional Prohibition Against Impairment of Contracts.

How is Merit Pay Bargained?

The weight to be given to the following factors is bargainable: Degree/Experience (up to 33%) Teacher evaluation results Assignment of instructional leadership roles, including responsibility for conducting teacher evaluations Academic needs of students in the school corporation.

IC 20-28-9-1: Computation of Minimum Salary

A teacher rated ineffective or improvement necessary under IC 20-28-11.5

may not receive any raise or increment for the following year if the teacher’s employment continues.

2. The amount that would otherwise be allocated for the salary increases of teachers rated ineffective or improvement necessary shall be allocated to teachers who are rated effective or highly effective.

IC 20-28-9-1: Computation of Minimum Salary

Appeal of Denial of Increase or Increment 1.

A teacher who does not receive a raise or an increment rating of may file

ineffective

a request with the superintendent not later than 5 days after receiving notice that the teacher received a 2. The teacher is entitled to a private conference with the superintendent or designee.

Conference right is limited to teacher who receives rating of ineffective.

IC 20-28-9-1: Computation of Minimum Salary

Not later than January 31, 2012, the IDOE shall publish a model salary schedule that a school corporation may adopt.

Each school corporation shall submit its local salary schedule to the IDOE. The IDOE will publish these schedules on its website.

20-28-7.5-6: the next term A contract entered into by a teacher and a school employer continues in force on the same terms and for the same wages, unless increased under IC 20-29 for … following the date of the contract’s termination.

IC 20-28-9-1: Computation of Minimum Salary

The IDOE shall report any noncompliance to the State Board of Education, and the State Board of Education shall take appropriate action to ensure compliance with this section.

4. This chapter may not be construed to require or allow a school corporation to decrease the salary the teacher was earning on or before July 1, 2012, if that decrease would be made solely to conform to the new salary scale.

Other Considerations

Teachers who negatively affect student achievement and growth cannot be rated as effective or highly effective.

A student may not be instructed for 2 consecutive years by 2 consecutive teachers who have been rated ineffective in the prior school year.

By January 31, 2012, the IDOE will define actions that constitute a negative impact on student achievement.

IC 20-28-11.5: Evaluation Options

The State must develop an evaluation tool and define the evaluation criteria by January 31, 2012.

Each School Corporation shall develop and implement a plan beginning with the 2012-2013 school year.

a. School can adopt State plan.

b. School can adopt its own plan, but it must be approved by the State. However, 75% of the teachers must approve the plan before it is submitted to the State.

School’s plan must be approved by State to qualify for grant funding.

IC 20-29-6-4.5: Prohibited Subjects of Bargaining (New Language)

For a contract entered into after June 30, 2011, a school employer may not bargain: 1.

School calendar.

Teacher dismissal procedures and criteria.

3. Restructuring options under federal and state statues, regulations, or rules because of school’s failure to meet federal or state accountability standards.

IC 20-29-6-4.5: Prohibited Subjects of Bargaining (New Language )

The ability of the school employer to contract with an educational entity to provide postsecondary credits to students or dual credits from the school employer and the educational entity.

5. Any subject not expressly listed in Section 4 of this chapter.

A subject that may not be bargained may not be included in an agreement entered into under this article.

IC 20-29-6-4.7: Evaluation and Term of Agreement

Effective upon enactment of the law: A school employer may not bargain on teacher evaluation procedures and criteria.

A contract entered into by the school employer and the exclusive representative may not extend past the end of the state budget biennium.

QUESTION: Which Biennium?

IC 20-29-6-5: Arbitration Provisions

The section states that a contract may include a grievance procedure but strikes the language stating that the grievance procedure may culminate in final and binding arbitration.

The amendment also provisions of the contract.

strikes the language stating that the binding arbitration has no power to amend, add to, subtract from, or supplement the

IC 20-29-6-7: Subjects of Discussion

The amendments strike the language stating that the school employer may bargain subjects of discussion or enter into impasse procedures on mandatory subjects of discussion.

The amendments eliminate “working conditions” as a mandatory subject of discussion.

The amendments add evaluations as a mandatory subject of discussion.

IC 20-29-6-7: Subjects of Discussion

The amendments add

students and employees in the workplace, except those items required to be confidential by state or federal law

“

safety issues for

” as a mandatory subject of discussion.

The amendments make hours a mandatory subject of discussion.

The amendments also delete the grandfather language protecting items included in 1972-73 agreements that were discussable that became mandatory subjects of bargaining by virtue of their inclusion in the grandfathered collective bargaining agreement.

So just give me the list – what am I required to discuss?

(1)

Curriculum development and revision.

(2)

Textbook selection.

(3)

Teaching methods.

(4)

Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated employees.

(5)

Student discipline.

(6)

Expulsion or supervision of students.

(7)

Pupil/teacher ratio.

(8)

Class size or budget appropriations.

(9)

Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.

(10)

Hours.

What if the Administration does not agree with the teachers’ input during discussion?

The obligation to discuss does not require either party to enter into a contract, agree to a proposal, or make a concession related to the mandatory discussable items. A failure to reach an agreement on a matter of discussion does not allow the use of any part of the impasse procedure under IC 20-29-8.

May the Administration confer with others regarding a mandatory discussable?

YES. The obligation to bargain collectively or discuss a matter does not prevent the school employer or superintendent from conferring with a citizen, taxpayer, student, school employee, or other person considering the operation of the schools and the school corporation.

Likewise, a school employee is not prevented from petitioning the school employer, governing body, or superintendent for a redress of the employee's grievances, either individually or through the exclusive representative

IC 20-29-6-12: Commencement of Collective Bargaining

Formal collective begin before: bargaining between the school corporation and the exclusive representative shall not 1.

August 1 in the first year of the budget biennium; or 2.

August 1 in the second year of the budget biennium if the parties agreed to a one year contract during the first year of the budget biennium or the contract provides for renegotiating certain financial items in the second year of a 2-year contract.

Informal negotiations may be held before August 1.

IC 20-29-6-12.5: Certification of Funding (New Language)

Before August 1

budget biennium, the department shall provide the parties with formula.

of the first year of the state

an estimate

of the general fund revenue available for bargaining in the school corporation from the school funding 2. Within 30 days after the date of the first ADM count date of the school year in the first year of the state budget biennium, the department shall provide certification of estimated general fund revenue available for bargaining from the school funding formula.

IC 20-29-6-12.5: Certification of Funding (New Language)

A school employer that has passed a general fund operating referendum must have that amount certified by the DLGF.

The school corporation must obtain the certifications before the commencement of bargaining.

5. These certifications must be the basis for determinations throughout the impasse proceedings.

IC 20-29-6-13: Appointment of Mediator

“At any time after at least sixty (60) days following the beginning of formal bargaining collectively between the parties, an impasse is declared, and the board shall appoint a mediator from the board's staff or an ad hoc panel.

” The mediator shall begin mediation within 15 days after the Board receives notice of impasse.

Query: What happens if neither the School Board nor the Union declare impasse? Can the IEERB declare impasse on behalf of the parties?

IC 20-29-6-13: Appointment of Mediator

The mediation must consist of not more than three (3) mediation sessions and must result in one (1) of the following: a. Settlement - An agreement between the parties on mandatory subjects of bargaining; or b. Last Best Offer - Each fiscal rationale, related to party’s last best offer, including the mandatory subjects of bargaining.

The cost of the mediator is shared equally by the parties.

Mediation shall be completed within 30 days.

IC 20-29-6-15.1: Binding Fact-Finding

If agreement has not been reached on Section 4 items within 15 days after mediation has ended, the Board shall initiate fact-finding.

Fact-finding must culminate in the fact-finder imposing contract terms on the parties.

The fact-finder must select one the contract terms.

party’s last best offer as 4.

The fact finder’s order must be restricted to those items permitted to be bargained and included in the collective bargaining agreement and must not put the employer in a position of deficit financing.

IC 20-29-6-15.1: Binding Fact-Finding

The fact finder’s order may not impose terms beyond those proposed by the parties in their last best offers.

The cost for the fact-finder is shared equally by the parties.

7. Fact-finding may last no longer than 15 days.

IC 20-29-8-7: Binding Fact-Finding

The factfinder shall conduct the factfinding hearing in public in a room or facility owned by the county or local unit of government located in the county in which the school employer is located, or if the school employer is located in more than one (1) county, in the county in which the greatest number of students who attend the school employer's schools reside.

The public hearing may begin not earlier than October 1 in the first year of the state budget biennium and must be concluded by December 31 of the same year.

The fact-finding process may not exceed 15 days from beginning to end, and not more than 2 of those days may be used for public testimony, which may be taken at the discretion of the fact-finder.

IC 20-29-8-7: Binding Fact-Finding

During the public hearing, each party shall present fully its last, best offer, including the fiscal rationale for the offer.

5. Only general operating funds and those funds certified by the department of education and the department of local government finance may be considered as a source of the funding for items, unless the school funding formula allows other funds to be used for certain items.

IC 20-29-8-7: Binding Fact-Finding

The fact-finder shall make a recommendation on the items in dispute over which he has jurisdiction.

The fact-finder shall: a. make the investigation, hearing, and findings as expeditiously as the circumstances permit; and b. deliver the findings to the parties and the Board.

IC 20-29-8-7: Binding Fact-Finding

The board (IEERB), after receiving the findings and recommendations, may make additional findings and recommendations to the parties based on information in:

(1)

the report; or

(2)

the board's own possession.

The board may not make any recommendations to the parties related to any items not specifically identified in IC 20-29-6-4.

IC 20-29-8-7: Binding Fact-Finding

At any time within five (5) days after the findings and recommendations are delivered to the board (IEERB), the board may make the findings and recommendations of the factfinder and the board's additional findings and recommendations, if any, available to the public through news media and other means the board considers effective.

IC 20-29-8-7: Binding Fact-Finding

The board (IEEB) shall make the findings and recommendations available to the public not later than ten (10) days after the findings and recommendations are delivered to the board.

IC 20-29-6-16: Status Quo Period

During Bargaining 1.

If an agreement has not been reached on items to be bargained collectively by November 1, the parties shall continue the terms of the current contract that is in effect, and the school employer may issue tentative individual contracts and prepare its budget on that basis.

During this period, in order to allow the successful resolution of the dispute, the school employer may not unilaterally change the terms of conditions of employment that are in dispute.

Both of these amendments deleted the words “status quo”.

IC 20-29-6-16: Status Quo Period

Upon Expiration of Current Contract 3.

Upon the expiration of the current contract that is in effect, the school employer

shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed, unless continuation would put the school employer in a position of deficit financing

due to a reduction in the employer's actual general fund revenue or an increase in an employer's expenditures when the expenditures exceed the current year actual general fund revenue.

IC 20-29-6-16: Status Quo Period

The only parts of the contract that must continue under this section are the items contained in the contract and listed in section 4 [IC 20-29-6-4] of this chapter. (i.e., The items that must be bargained).

IC 20-29-6-16: Status Quo Period

This section may not be construed as relieving the school employer or the school employee organization from the duty to bargain collectively until a mutual agreement has been reached and a contract entered as called for in this chapter.

It is an unfair practice for a school employer to do any of the following:

(1)

Interfere with, restrain, or coerce school employees in the exercise of the rights guaranteed in IC 20-29-4.

(2)

Dominate, interfere, or assist in the formation or administration of any school employee organization or contribute financial or other support to the organization. Subject to rules adopted by the governing body, a school employer may permit school employees to confer with the school employer or with any school employee organization during working hours without loss of time or pay.

(3)

Encourage or discourage membership in any school employee organization through discrimination in regard to:

(A)

hiring;

(B)

tenure of employment; or

(C)

any term or condition of employment.

(4)

Discharge or otherwise discriminate against a school employee because the employee has filed a complaint, affidavit, petition, or any information or testimony under this article.

(5)

Refuse to:

(A)

bargain collectively; or

(B)

discuss; with an exclusive representative as required by this article.

(6)

Fail or refuse to comply with any provision of this article.

It is an unfair practice for a school employee organization or the organization’s agents to do any of the following: (1)

Interfere with, restrain, or coerce:

(A)

school employees in the exercise of the rights guaranteed by this article; or

(B)

a school employer in the selection of its representatives for the purpose of bargaining collectively, discussing, or adjusting grievances.

This subdivision does not impair the right of a school employee organization to adopt its own rules with respect to the acquisition or retention of membership in the school employee organization.

(2)

Cause or attempt to cause a school employer to discriminate against an employee in violation of section 1 [IC 20-29-7-1] of this chapter.

(3)

Refuse to bargain collectively with a school employer if the school employee organization is the exclusive representative.

(4)

Fail or refuse to comply with any provision of this article.

Filing an Unfair Labor Practice Complaint

A school employer or a school employee who believes the employer or employee is aggrieved by an unfair practice may file a complaint under oath:

(1)

setting out a summary of the facts involved; and

(2)

specifying the section or sections of this article alleged to have been violated.

After the ULP is filed:

The IEERB shall:

(1)

give notice to the person or school employee organization against whom the complaint is directed; and

(2)

determine the matter raised in the complaint.

The ULP Hearing

A hearing examiner or agent of the IEERB, who may be a member of the IEERB, may:

(1)

take testimony; and

(2)

make findings and conclusions.

The ULP Decision

The IEERB, but not a hearing examiner or agent of the IEERB, may enter the interlocutory orders, after summary hearing, the IEERB considers necessary in carrying out the intent of unfair practices provisions in the Indiana Code.

IEERB decisions may be appealed.

Attorneys’ Fees in ULP Cases

If a complaint is filed that alleges an unfair practice has occurred with respect to a subject that may be discussed and the complaint is found to be frivolous, then the party that filed that complaint is liable for costs and attorney's fees.

QUESTIONS

THANK YOU!

Michelle L. Cooper Bose McKinney & Evans LLP (317) 684-5223 [email protected]

IC 20-28-9-1

Transcript IC 20-28-9-1

Senate Bill 575 and Changes to the Collective Bargaining Law

New Legal Framework Under SEA 575

New Legal Framework Under SEA 575

SEA 575 Changed the Definition of Deficit Financing

IC 20-29-6-3: Unlawful Deficit Financing

Deficit Financing – 2 Parts

What is the Consequence for Deficit Financing?

Who Determines Whether School is Engaging in Deficit Financing?

IC 20-29-4-1: Rights of School Employees

IC 20-28-6 2: Regular Teacher’s Contract

IC 20-29-4-3 and IC 20-29-6-11: Responsibilities of School Employers

PL 217 and Committee Appointments

SEA 575 and Committee Appointments (New Language)

IC 20-29-5-7: Committee Appointments (New Language)

Example

IC 20-29-6-1: Duty to Bargain Collectively

IC 20-29-6-2: Contracts

IC 20-29-6-2: Contracts

IC 20-29-6-2: Contracts

IC 20-29-6-4: Subjects of Bargaining

Paid Time Off as Permitted by IC 20-28-9-11

IC 20-28-9-9: Teacher Payments, Sick Days; Death in the Family

IC 20-28-9-9: Teacher Payments, Sick Days; Death in the Family

IC 20-29-6-4: Mandatory Subjects of Bargaining

IC 20-29-6-4: Subjects of Bargaining

IC 20-28-9-1: Computation of Minimum Salary

IC 20-28-9-1: Computation of Minimum Salary

20-28-9-1: Computation of Minimum Salary

Question (from FAQ Published by IDOE)

Question (from FAQ Published by IDOE)

How is Merit Pay Bargained?

IC 20-28-9-1: Computation of Minimum Salary

IC 20-28-9-1: Computation of Minimum Salary

IC 20-28-9-1: Computation of Minimum Salary

IC 20-28-9-1: Computation of Minimum Salary

Other Considerations

IC 20-28-11.5: Evaluation Options

IC 20-29-6-4.7: Evaluation and Term of Agreement

IC 20-29-6-5: Arbitration Provisions

IC 20-29-6-7: Subjects of Discussion

IC 20-29-6-7: Subjects of Discussion

So just give me the list – what am I required to discuss?

What if the Administration does not agree with the teachers’ input during discussion?

May the Administration confer with others regarding a mandatory discussable?

IC 20-29-6-12: Commencement of Collective Bargaining

IC 20-29-6-12.5: Certification of Funding (New Language)

IC 20-29-6-12.5: Certification of Funding (New Language)

IC 20-29-6-13: Appointment of Mediator

IC 20-29-6-13: Appointment of Mediator

IC 20-29-6-15.1: Binding Fact-Finding

IC 20-29-6-15.1: Binding Fact-Finding

IC 20-29-8-7: Binding Fact-Finding

IC 20-29-8-7: Binding Fact-Finding

IC 20-29-8-7: Binding Fact-Finding

IC 20-29-8-7: Binding Fact-Finding

IC 20-29-8-7: Binding Fact-Finding

IC 20-29-8-7: Binding Fact-Finding

IC 20-29-6-16: Status Quo Period

IC 20-29-6-16: Status Quo Period

IC 20-29-6-16: Status Quo Period

IC 20-29-6-16: Status Quo Period

It is an unfair practice for a school employer to do any of the following:

Filing an Unfair Labor Practice Complaint

After the ULP is filed:

The ULP Hearing

The ULP Decision

Attorneys’ Fees in ULP Cases

QUESTIONS

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