IC 20-24-6
    Chapter 6. Employment of Teachers and Other Personnel;Collective Bargaining

IC 20-24-6-1
Employees; collective bargaining agreements; accrual of andfinancial responsibility for benefits
    Sec. 1. (a) Except as provided in subsection (b), individuals whowork at a charter school are employees of the charter school or of anentity with which the charter school has contracted to provideservices.
    (b) Teachers in a conversion charter school are employees of boththe charter school and the school corporation that sponsored thecharter school. For purposes of the collective bargaining agreement,conversion charter school teachers are considered employees of theschool corporation that sponsored the charter school.
    (c) All benefits accrued by teachers as employees of theconversion charter school are the financial responsibility of theconversion charter school. The conversion charter school shall paythose benefits directly or reimburse the school corporation for thecost of the benefits.
    (d) All benefits accrued by a teacher during the time the teacherwas an employee only of the school corporation that sponsored thecharter school are the financial responsibility of the schoolcorporation. The school corporation shall pay those benefits directlyor reimburse the conversion charter school for the cost of thebenefits.
    (e) For any other purpose not otherwise stated in this section, ateacher is an employee of the charter school.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-2
Teachers; voluntary service and hiring
    Sec. 2. Individuals must choose to be teachers at a charter schoolvoluntarily, and a charter school must voluntarily choose thoseindividuals to be its teachers.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-3
Collective bargaining permitted
    Sec. 3. Employees of a charter school may organize and bargaincollectively under IC 20-29.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-4
Conversion charter schools; collective bargaining
    Sec. 4. (a) This section applies to a conversion charter school.
    (b) After the conversion, the teachers in a conversion charterschool remain part of the bargaining unit of the sponsor and aresubject to all the provisions of the collective bargaining agreement.    (c) The governing body, the equivalent body of the conversioncharter school, and the exclusive representative may by mutualagreement grant a waiver of a specific provision of the collectivebargaining agreement.
    (d) Noncertificated employees (as defined in IC 20-29-2-11)remain in existing bargaining units and are covered under existingcollective bargaining agreements.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-5
Teachers; license or completion of transition to teaching programrequired; other services; appropriate license required
    Sec. 5. (a) An individual who teaches in a charter school musteither:
        (1) hold a license to teach in a public school in Indiana underIC 20-28-5; or
        (2) be in the process of obtaining a license to teach in a publicschool in Indiana under the transition to teaching programestablished by IC 20-28-4-2.
    (b) An individual described in subsection (a)(2) must complete thetransition to teaching program not later than three (3) years afterbeginning to teach at a charter school.
    (c) An individual who provides to students in a charter school aservice:
        (1) that is not teaching; and
        (2) for which a license is required under Indiana law;
must have the appropriate license to provide the service in Indiana.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-6
Substitute teachers
    Sec. 6. A charter school may employ a substitute teacher or anindividual who holds a limited license to teach in the same mannerin which a noncharter public school may employ a substitute teacheror an individual who holds a limited license to teach.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-7
Participation of employees in retirement fund
    Sec. 7. (a) A charter school may participate in any of thefollowing:
        (1) The Indiana state teachers' retirement fund in accordancewith IC 5-10.4.
        (2) The public employees' retirement fund in accordance withIC 5-10.3.
        (3) Another employee pension or retirement fund.
    (b) Except as provided in subsection (e), a person who teaches ina charter school is a member of the Indiana state teachers' retirementfund. Service in a charter school is creditable service for purposes ofIC 5-10.4.    (c) Except as provided in subsection (e), a person who:
        (1) is a local school employee of a charter school; and
        (2) is not eligible to participate in the Indiana state teachers'retirement fund;
is a member of the public employees' retirement fund.
    (d) The boards of the Indiana state teachers' retirement fund andthe public employees' retirement fund shall implement this sectionthrough the organizer of the charter school, subject to andconditioned upon receiving any approvals either board considersappropriate from the Internal Revenue Service and the United StatesDepartment of Labor.
    (e) Charter school employees may participate in a private pensionor retirement program, if the organizer of the charter school offersthe opportunity to participate in the program.
As added by P.L.1-2005, SEC.8. Amended by P.L.2-2006, SEC.105;P.L.234-2007, SEC.226.

IC 20-24-6-8
Decision to grant charter; not subject to restraint by collectivebargaining agreement
    Sec. 8. The decision by a sponsor whether to grant a charter is notsubject to restraint by a collective bargaining agreement.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-9
Personnel adjustments in noncharter schools; continuation of legalor contractual provisions
    Sec. 9. If a school corporation grants a charter to a charter schooland individuals choose and are chosen by the charter school to teachin the charter school, the school corporation may make personneladjustments among its noncharter school teachers that the schoolcorporation believes are necessary or appropriate to match existingresources with existing needs in its noncharter schools. If, as part ofthe adjustments, the school corporation eliminates a teachingposition within the corporation, the legal or contractual provisions,if any, that otherwise apply to the teacher in one (1) of the noncharterschools whose contract with the school corporation is canceled as aresult of the elimination of the position within the school corporationcontinue to apply to that teacher.
As added by P.L.1-2005, SEC.8.

IC 20-24-6-10
Transfer of teacher to nonconversion charter school; continuationof seniority status
    Sec. 10. (a) The governing body:
        (1) must grant a transfer of not more than two (2) years; and
        (2) may grant a transfer for a period in addition to the periodrequired in subdivision (1);
to a teacher of a noncharter school in the school corporation whowishes to teach and has been accepted to teach at a nonconversion

charter school.
    (b) During the term of the transfer under subsection (a):
        (1) the teacher's seniority status under law continues as if theteacher were an employee of a noncharter school in the schoolcorporation; and
        (2) the teacher's years as a charter school employee shall not beconsidered for purposes of permanent or semipermanent statuswith the school corporation under IC 20-28-6, IC 20-28-7, orIC 20-28-8.
As added by P.L.1-2005, SEC.8.