CHAPTER 6. CONTRACTS
IC 20-28-6
Chapter 6. Contracts
IC 20-28-6-1
Preemployment consideration; qualifications
Sec. 1. (a) Not later than ten (10) days after a request from thegoverning body, the superintendent of a school corporation shallmake a report on an individual being considered by the schoolcorporation for either a teaching appointment or an indefinitecontract as described in section 8 of this chapter. The report mustcontain information on the individual's teaching preparation,experience, and license.
(b) The governing body of a school corporation may not employan individual who receives an initial standard or reciprocal licenseafter March 31, 1988, for a teaching appointment under this chapterunless the individual:
(1) has successfully completed a beginning teacher internshipprogram, under IC 20-6.1-8 (repealed); or
(2) has at least two (2) years teaching experience outsideIndiana.
(c) This section does not prevent the granting of additionalauthority in the selection or employment of teachers to asuperintendent of a school corporation by the rules of the schoolcorporation.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-2
Basic contract requirements
Sec. 2. (a) A contract entered into by a teacher and a schoolcorporation must:
(1) be in writing;
(2) be signed by both parties; and
(3) contain the:
(A) beginning date of the school term as determinedannually by the school corporation;
(B) number of days in the school term as determinedannually by the school corporation;
(C) total salary to be paid to the teacher during the schoolyear; and
(D) number of salary payments to be made to the teacherduring the school year.
(b) The contract may provide for the annual determination of theteacher's annual compensation by a local salary schedule, which ispart of the contract. The salary schedule may be changed by theschool corporation on or before May 1 of a year, with the changeseffective the next school year. A teacher affected by the changesshall be furnished with printed copies of the changed schedule notlater than thirty (30) days after the schedule's adoption.
(c) A contract under this section is also governed by the followingstatutes: (1) IC 20-28-9-1 through IC 20-28-9-6.
(2) IC 20-28-9-9 through IC 20-28-9-11.
(3) IC 20-28-9-13.
(4) IC 20-28-9-14.
(d) A governing body shall provide the blank contract forms,carefully worded by the state superintendent, and have them signed.The contracts are public records open to inspection by the residentsof each school corporation.
(e) An action may be brought on a contract that conforms withsubsections (a)(1), (a)(2), and (d).
As added by P.L.1-2005, SEC.12.
IC 20-28-6-3
Contract forms; state superintendent's duties
Sec. 3. The state superintendent shall do the following:
(1) Prescribe the following forms:
(A) The uniform teacher's contract in the following alternateforms:
(i) The regular teacher's contract.
(ii) The temporary teacher's contract.
(B) The supplemental service teacher's contract.
(2) Furnish each school corporation with the forms.
(3) Require each school corporation to include in the schoolcorporation's semiannual report on ADA a statement that theschool corporation is in compliance with IC 20-28-5-2, sections4 through 7 of this chapter, IC 20-28-9-7, and IC 20-28-9-8.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2006, SEC.137.
IC 20-28-6-4
Contract forms; applicable teachers
Sec. 4. (a) This section does not apply to a teacher employed asa substitute teacher.
(b) A teacher employed in a public school must be employed ona uniform teacher's contract or a supplemental service teacher'scontract.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-5
Regular teacher's contract
Sec. 5. The regular teacher's contract must be used statewidewithout amendment and must contain, in addition to the items insection 2(a)(3) of this chapter:
(1) the manner of salary payment; and
(2) any provisions relating to the government of the school thatthe state superintendent includes.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-6
Temporary teacher's contract
Sec. 6. (a) A temporary teacher's contract shall be used only for
employing a teacher to serve in the absence of a teacher who hasbeen granted a leave of absence by the school corporation for:
(1) engaging in defense service or in service auxiliary todefense service;
(2) professional study or advancement;
(3) exchange teaching;
(4) extended disability to which a licensed physician hasattested; or
(5) serving in the general assembly.
(b) The temporary teacher's contract must contain:
(1) the provisions of the regular teacher's contract except thoseproviding for continued tenure of position;
(2) a blank space for the name of the teacher granted the leave,which may not be used on another temporary teacher's contractfor the same leave of absence; and
(3) an expiration date that:
(A) is the date of the return of the teacher on leave; and
(B) is not later than the end of the school year.
(c) If a teacher is employed on the temporary teacher's contract forat least sixty (60) days in a school year, the teacher may, on request,receive the service credit that the teacher would otherwise receivewith regard to the Indiana state teachers' retirement fund.Additionally, the salary of that teacher may not be less than the stateminimum salary under IC 20-28-9-1 and IC 20-28-9-2, or by a localsalary schedule not less remunerative than the state minimum salaryunder IC 20-28-9-1 and IC 20-28-9-2.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-7
Supplemental service teacher's contract
Sec. 7. (a) As used in this section, "teacher" includes an individualwho:
(1) holds a substitute teacher's license; and
(2) provides instruction in a joint summer school program underIC 20-30-7-5.
(b) The supplemental service teacher's contract shall be used whena teacher provides professional service in evening school or summerschool employment, except when a teacher or other individual isemployed to supervise or conduct noncredit courses or activities.
(c) If a teacher serves more than one hundred twenty (120) dayson a supplemental service teacher's contract in a school year, thefollowing apply:
(1) Sections 1, 2, 3, and 8 of this chapter.
(2) IC 20-28-10-1 through IC 20-28-10-2.
(3) IC 20-28-7-3 through IC 20-28-7-5.
(4) IC 20-28-7-7 through IC 20-28-7-12.
(5) IC 20-28-7-14.
(6) IC 20-28-10-1 through IC 20-28-10-5.
(d) The salary of a teacher on a supplemental service contractmust equal the salary of a teacher on the regular salary schedule of
the school corporation where the teacher will serve. Part-time serviceon the supplemental service contract is computed on the basis of six(6) hours as a full day of service.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-8
Indefinite contract; permanent teacher
Sec. 8. (a) An individual who:
(1) serves under contract as a teacher in a public schoolcorporation for at least five (5) successive years; and
(2) at any time enters into a teacher's contract for further servicewith the school corporation;
becomes, by entering into the contract described in subdivision (2),a permanent teacher of the school corporation. When a contractbetween the school corporation and a permanent teacher expires bythe contract's terms, the contract is considered to continueindefinitely as an indefinite contract.
(b) An indefinite contract remains in force until the indefinitecontract is:
(1) replaced by a new contract signed by both parties; or
(2) canceled as provided in IC 20-28-7.
As added by P.L.1-2005, SEC.12. Amended by P.L.43-2010, SEC.1.
IC 20-28-6-9
Laboratory school teacher; transfer to local school corporation;service credit; indefinite contract
Sec. 9. (a) A teacher serving under a regular contract at alaboratory school operated under IC 20-24.5-2 who is offered andaccepts a position in the local school corporation that is a party to theagreement with the university operating the laboratory school isentitled to:
(1) transfer to the local school corporation any years served asa regular teacher at the laboratory school; and
(2) receive credit for the years in meeting the five (5) yearrequirement for an indefinite contract contained in section 8 ofthis chapter.
(b) If the teacher accepting a position with the local schoolcorporation has served as a regular teacher at the laboratory schoolfor at least five (5) successive years, the teacher's contract with thelocal school corporation is an indefinite contract under section 8 ofthis chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2007, SEC.218.
IC 20-28-6-10
Indefinite contract; semipermanent teacher
Sec. 10. (a) An individual who:
(1) serves under contract as a teacher in a public schoolcorporation for two (2) successive years;
(2) at any time after serving two (2) successive years in thepublic school corporation enters into a teacher's contract for
further service with the school corporation; and
(3) is not a permanent teacher under section 8 of this chapter;
is a semipermanent teacher of the school corporation. When acontract between the school corporation and a semipermanentteacher expires by the contract's terms, the contract continuesindefinitely as an indefinite contract for a semipermanent teacher.
(b) An indefinite contract for a semipermanent teacher remains inforce until:
(1) the contract is replaced by a new contract signed by bothparties;
(2) the contract is canceled as provided in IC 20-28-7; or
(3) the teacher becomes a permanent teacher under section 8 ofthis chapter.
As added by P.L.1-2005, SEC.12.