CHAPTER 10. CONDITIONS OF EMPLOYMENT
IC 20-28-10
Chapter 10. Conditions of Employment
IC 20-28-10-1
Leave of absence; generally
Sec. 1. (a) A school corporation may grant a teacher a leave ofabsence not to exceed one (1) year for:
(1) a sabbatical;
(2) a disability leave; or
(3) a sick leave.
(b) The school corporation may grant consecutive leaves to ateacher.
(c) A school corporation may grant partial compensation for aleave in an amount the school corporation determines. However, ifa teacher on a sabbatical serves an employer that agrees to reimbursethe school corporation in whole or in part of the amount of theteacher's regular salary, the school corporation may grant full orpartial compensation.
(d) A teacher who is pregnant shall be granted a leave of absencefor the period provided in and subject to section 5 of this chapter.
(e) Except where a contract is not required under IC 20-28-7 in asituation that occurs before or after the commencement of leave, theteacher and the school corporation shall execute a regular teacher'scontract for each school year in which any part of the teacher's leaveis granted.
(f) The teacher has the right to return to a teaching position forwhich the teacher is certified or otherwise qualified under the rulesof the state board.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-2
Leave of absence; rights of teacher; group insurance coverage; sickleave; probationary years of service; charges against teacher'saccumulated sick days
Sec. 2. (a) Except as provided in section 1 of this chapter, rightsexisting at the time a leave commences that arise from a teacher's:
(1) status as a permanent teacher;
(2) accumulation of successive years of service;
(3) service performed under a teacher's contract underIC 20-28-6-8; or
(4) status or rights negotiated under IC 20-29;
remain intact.
(b) During a leave the teacher may maintain coverage in a groupinsurance program by paying the total premium including the schoolcorporation's share, if any, attributable to the leave period. Theschool corporation may elect to pay all or part of the cost of thepremium as an adopted or negotiated fringe benefit to teachers onleave.
(c) During a leave extending into a part of a school year, a teacheraccumulates sick leave under IC 20-28-9-9 through IC 20-28-9-12,
or a salary schedule of the school corporation that provides greatersick leave, in the same proportion that the number of days the teacheris paid during the year for work or leave bears to the total number ofdays for which teachers are paid in the school corporation.
(d) Except as provided in section 1 of this chapter, during a leaveof a nonpermanent teacher, the period of probationary successiveyears of service under a teacher's contract that is a conditionprecedent to becoming a permanent teacher under IC 20-28-6-8 isuninterrupted for that teacher. However, this probationary periodmay not include an entire school year spent on leave.
(e) All or part of a leave granted for sickness or disability,including pregnancy related disability, may be charged at theteacher's discretion to the teacher's available sick days. However, theteacher is not entitled to take accumulated sick days when theteacher's physician certifies that the teacher is capable of performingthe teacher's regular teaching duties. The teacher is entitled tocomplete the remaining leave without pay.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-3
Leave of absence; sabbatical
Sec. 3. (a) A school corporation may grant a teacher, on writtenrequest, a sabbatical for improvement of professional skills through:
(1) advanced study;
(2) work experience;
(3) teacher exchange programs; or
(4) approved educational travel.
(b) After taking a sabbatical, the teacher shall return for a lengthof time equal to that of the sabbatical leave.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-4
Leave of absence; disability or sick leave
Sec. 4. (a) A school corporation may place a teacher, with orwithout written request, on a disability or sick leave not to exceedone (1) year.
(b) A teacher placed on a disability or sick leave without a writtenrequest is entitled to a hearing on that action under IC 20-28-7-1 andIC 20-28-7-3 through IC 20-28-7-5.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-5
Leave of absence; pregnancy
Sec. 5. (a) A teacher who is pregnant may continue in activeemployment as late into pregnancy as the teacher wishes, if theteacher can fulfill the requirements of the teacher's position.
(b) Temporary disability caused by pregnancy is governed by thefollowing:
(1) A teacher who is pregnant shall be granted a leave ofabsence any time between the commencement of the teacher's
pregnancy and one (1) year following the birth of the child, ifthe teacher notifies the superintendent at least thirty (30) daysbefore the date on which the teacher wishes to start the leave.The teacher shall notify the superintendent of the expectedlength of this leave, including with this notice either:
(A) a physician's statement certifying the teacher'spregnancy; or
(B) a copy of the birth certificate of the newborn;
whichever is applicable. However, in the case of a medicalemergency caused by pregnancy, the teacher shall be granted aleave, as otherwise provided in this section, immediately on theteacher's request and the certification of the emergency from anattending physician.
(2) All or part of a leave taken by a teacher because of atemporary disability caused by pregnancy may be charged, atthe teacher's discretion, to the teacher's available sick days.However, the teacher is not entitled to take accumulated sickdays when the teacher's physician certifies that the teacher iscapable of performing the teacher's regular teaching duties. Theteacher is entitled to complete the remaining leave without pay.However, the teacher may receive compensation for thepregnancy leave under a collective bargaining agreement or, ifthe teacher is not represented by an exclusive representative, bygoverning body policy.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-6
Full-time defense service
Sec. 6. (a) This section and sections 7 through 11 of this chapterapply to a teacher who through:
(1) volunteering; or
(2) statutory selection;
enters defense service on a full-time basis.
(b) Because the United States Congress has decreed that it isimperative to increase and train United States armed forcespersonnel, this section and sections 7 through 11 of this chapter:
(1) provide protection for teachers who have been called toleave their positions to defend the nation due to the necessity ofwar or a state of emergency;
(2) preserve the status and contract rights under the laws to anyteacher who enters the defense service; and
(3) place those teachers in a position that the defense servicedoes not operate as an interruption of teaching service becausethe contract rights that each teacher had when entering thedefense service are preserved during that service the same as ifthe teacher had not entered the service.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-7
Defense service; permanent teacher; leave of absence Sec. 7. A permanent teacher:
(1) with an indefinite contract under IC 20-28-6-8; and
(2) who is described in section 6(a) of this chapter;
is granted a leave of absence during the defense service.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-8
Defense service; nonpermanent teacher
Sec. 8. (a) If a nonpermanent teacher who is described in section6(a) of this chapter enters the defense service, the teacher's contractas a teacher and the teacher's rights to probationary successive yearsunder contract are preserved with the school corporation as theteacher had them when entering the defense service.
(b) The period of probationary successive years of service undera teacher's contract that is a condition precedent to becoming apermanent teacher under IC 20-28-6-8 is considered uninterruptedfor a teacher to whom this section applies. However, thisprobationary period may not include the time spent in defenseservice. The teacher is granted a leave of absence during the defenseservice.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-9
Defense service; teacher's reinstatement status
Sec. 9. On reinstatement, the status of the teacher described insection 6(a) of this chapter is the same as when the teacher enteredthe defense service. All rights to changes of salary or position, exceptas specified in section 8 of this chapter, accrue to the teacher as if nointerruption had occurred.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-10
Defense service; rights under teachers' retirement fund
Sec. 10. (a) A teacher described in section 6(a) of this chapterretains the teacher's contractual rights in the Indiana state teachers'retirement fund.
(b) Contributions and payments into the retirement fund shall bemade in the same manner as they are made for a member of the fundwho is granted a leave of absence under the law pertaining to thatfund.
(c) The teacher is granted a leave of absence during the defenseservice.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-11
Defense service; reinstatement period
Sec. 11. (a) Not later than sixty (60) days after:
(1) an honorable or medical discharge; or
(2) release from active participation in the defense service;
a teacher who has received a leave of absence for defense service
shall return to the school corporation for reinstatement. The schoolcorporation shall then reinstate the teacher.
(b) If the teacher is unable to return for reinstatement within thesixty (60) day period for any reason arising from mental or physicaldisability, the teacher has sixty (60) days after the date of removal ofthe disability to apply for reinstatement.
(c) On reinstatement or on written resignation submitted to theschool corporation, the teacher's leave of absence and defense serviceis considered terminated.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-12
Antidiscrimination; marital status
Sec. 12. A governing body or the governing body's agent may notmake or enforce a rule or regulation concerning the employment ofteachers that discriminates because of marital status.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-13
Antidiscrimination; residence requirements
Sec. 13. (a) A governing body may not adopt residencerequirements for teachers or other school employees in the governingbody's employment, assignment, or reassignment for services in aprescribed area.
(b) A school corporation that violates subsection (a) is ineligiblefor state funds under all enactments regarding that subject. The statesuperintendent and other state officials shall administer the fundsaccordingly on the submission of sworn proof of the existence of thediscriminatory residence requirements.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-14
Teacher's freedom of association
Sec. 14. (a) A school corporation may not dismiss or suspend anyemployee because of affiliation with or activity in an organizationunless that organization advocates:
(1) the overthrow of the United States government by:
(A) force; or
(B) the use of violence; or
(2) the violation of law;
to achieve its objective.
(b) A rule or regulation contrary to subsection (a) is void.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-15
Teacher as public office candidate
Sec. 15. A governing body may not dismiss, suspend, or enforcea mandatory leave of absence on a teacher who is a candidate forpublic office unless evidence is submitted to the governing body thatwould substantiate a finding that the teacher's activity has: (1) impaired the teacher's effectiveness in the teacher's service;or
(2) interfered with the performance of the teacher's contractualobligations.
A suspension is valid only during the period of the impairing activity.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-16
Teacher serving in the general assembly
Sec. 16. (a) If a teacher serves in the general assembly, the teachershall be given credit for the time spent in this service, including thetime spent for council or committee meetings. The leave for thisservice does not diminish the teacher's rights under the Indiana stateteachers' retirement fund or the teacher's advancement on the state ora local salary schedule. For these purposes, the teacher is, despite theleave, considered teaching for the school during that time.
(b) The compensation received while serving in the generalassembly shall be included for teachers retiring after June 30, 1980,in the determination of the teacher's annual compensation to computethe teacher's retirement benefit under IC 5-10.2-4. A teacher servingin the general assembly may choose to have deductions made fromthe teacher's salary as a legislator for contributions under eitherIC 5-10.4-4-11 or IC 5-10.3-7-9.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2006, SEC.139.
IC 20-28-10-17
School counselors; privileged or confidential information
Sec. 17. (a) Except as provided in IC 31-32-11-1, a schoolcounselor is immune from disclosing privileged or confidentialcommunication made to the counselor as a counselor by a student.
(b) Except as provided in IC 31-32-11-1, the matterscommunicated are privileged and protected against disclosure.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-18
Teacher's legal recourse for infringement of rights and privileges
Sec. 18. A teacher whose rights and privileges under sections 14through 17 of this chapter are or are about to be infringed by a ruleor regulation may, in accord with the law governing injunctions, seekto enjoin the school corporation from the infringement. A circuit orsuperior court shall issue the injunction if the court finds aninfringement.
As added by P.L.1-2005, SEC.12.
IC 20-28-10-19
Daily free time for teachers
Sec. 19. (a) Each governing body and its administrators shallarrange each teacher's daily working schedule to provide at leastthirty (30) minutes between 10 a.m. and 2 p.m. for a period free ofduties. (b) The state superintendent shall report each failure to complywith subsection (a) to the state board, which shall immediatelyinform the governing body of each alleged violation.
(c) If the school corporation persistently fails or refuses to complywith subsection (a) for one (1) year, the state board shall:
(1) lower the grade of accreditation of the school corporation;and
(2) publish notice of that action in at least one (1) newspaperpublished in the county.
As added by P.L.1-2005, SEC.12.