IC 11-10-5
    Chapter 5. Academic and Vocational Education

IC 11-10-5-1
Implementation of academic and vocational education curriculaand programs; funding
    Sec. 1. The department shall, after consulting with the statesuperintendent of public instruction and the Indiana commission onvocational and technical education of the department of workforcedevelopment, implement academic and vocational educationcurricula and programs for confined offenders, by utilizing qualifiedpersonnel employed by the department or by arranging forinstruction to be given by public or private educational agencies inIndiana. The department shall include special education programs,which shall be governed under IC 20-35-2. To provide funding fordevelopment and implementation of academic and vocationaleducation curricula and programs, the department may accept giftsand apply for and receive grants from any source.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987,SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995,SEC.13; P.L.1-2005, SEC.121.

IC 11-10-5-2
Adoption of rules for licensing of teachers
    Sec. 2. The advisory board of the division of professionalstandards of the department of education established by IC 20-28-2-2shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules underIC 4-22-2 for the licensing of teachers to be employed by thedepartment.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005,SEC.96.

IC 11-10-5-3
Limited teaching and conditional vocational certificates;qualification of applicants
    Sec. 3. Limited certificates valid for one (1) year may be granted,upon the request of the commissioner, according to rules of theadvisory board of the division of professional standards of thedepartment of education established by IC 20-28-2-2. Modificationof these rules may be made by the advisory board of the division ofprofessional standards of the department of education established byIC 20-28-2-2 in a way reasonably calculated to make available anadequate supply of qualified teachers. A limited certificate may beissued in cases where special education and qualifications warrantthe waiver of part of the prerequisite professional education requiredfor certification to teach in the public schools. The limited certificate,however, may be issued only to applicants who have graduated froman accredited college or university. Teachers of vocational educationneed not be graduates of an accredited college or university but shall

meet requirements for conditional vocational certificates asdetermined by the department of education.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005,SEC.97.

IC 11-10-5-4
Teachers' salary and teachers' retirement fund plan
    Sec. 4. (a) All teachers employed by the department are subject toall provisions of law concerning the minimum salary of teachers andmembership in any teachers' retirement fund plan. The commissioneror the commissioner's designated representative shall annuallydetermine the salary schedule of the largest school corporation of thecounty in which each correctional institution is located.
    (b) Except as provided in subsections (e) through (f), from theinformation described in subsection (a), the commissioner shallprescribe, subject to approval by the state personnel department andthe budget agency, a salary schedule for each correctional institution,using a daily rate of pay for each teacher, which must be equal to thatof the largest school corporation in the county in which thecorrectional institution is located.
    (c) The commissioner shall prescribe the terms of the annualcontract awarded to licensed teachers qualifying for payment underthe schedule established under subsection (b).
    (d) Hours of work for all teachers shall be set in accordance withIC 4-15-2.
    (e) If the school corporation in which the correctional institutionis located becomes the largest school corporation in the county inwhich the correctional institution is located, the daily rate of pay foreach teacher must be equal to that of the school corporation in whichthe correctional institution is located without regard to whether theschool corporation in which the correctional institution is locatedremains the largest school corporation in the county.
    (f) Using a daily rate of pay for each teacher, the salary schedulefor each correctional institution located in a county having apopulation of:
        (1) more than seventeen thousand (17,000) but less thanseventeen thousand five hundred (17,500); or
        (2) more than one hundred thousand (100,000) but less than onehundred five thousand (105,000);
must be equal to that of the school corporation in which thecorrectional institution is located.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1982,P.L.92, SEC.1; P.L.96-1988, SEC.1; P.L.12-1992, SEC.68;P.L.170-2002, SEC.79.

IC 11-10-5-5
Employee wage payment arrangements
    Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctionalinstitution and:        (1) an employee if there is no representative described undersubdivision (2) or (3) for that employee;
        (2) the exclusive representative of its certificated employeeswith respect to those employees; or
        (3) a labor organization representing its noncertificatedemployees with respect to those employees;
may agree in writing to a wage payment arrangement.
    (b) A wage payment arrangement under subsection (a) mayprovide that compensation earned during a school year may be paid:
        (1) using equal installments or any other method; and
        (2) over:
            (A) all or part of that school year; or
            (B) any other period that begins not earlier than the first dayof that school year and ends not later than thirteen (13)months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in acalendar year is paid in the next calendar year, so long as all thecompensation is paid within the thirteen (13) month period beginningwith the first day of the school year.
    (c) A wage payment arrangement under subsection (a) must bestructured in such a manner so that it is not considered:
        (1) a nonqualified deferred compensation plan for purposes ofSection 409A of the Internal Revenue Code; or
        (2) deferred compensation for purposes of Section 457(f) of theInternal Revenue Code.
    (d) Absent an agreement under subsection (a), the correctionalinstitution remains subject to IC 22-2-5-1.
    (e) Wage payments required under a wage payment arrangemententered into under subsection (a) are enforceable under IC 22-2-5-2.
    (f) If an employee leaves employment for any reason, eitherpermanently or temporarily, the amount due the employee underIC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earnedand unpaid.
    (g) Employment with the correctional institution may not beconditioned upon the acceptance of a wage payment arrangementunder subsection (a).
    (h) An employee may revoke a wage payment arrangement undersubsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.1.