CHAPTER 7. CANCELLATION OF TEACHER CONTRACTS
IC 20-28-7
Chapter 7. Cancellation of Teacher Contracts
IC 20-28-7-1
Cancellation of indefinite contract by school corporation; grounds
Sec. 1. (a) An indefinite contract with a permanent teacher maybe canceled in the manner specified in sections 3 through 5 of thischapter only for one (1) or more of the following grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey thestate school laws or reasonable rules prescribed for thegovernment of the school corporation.
(3) Neglect of duty.
(4) Incompetence.
(5) Justifiable decrease in the number of teaching positions.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good and just cause.
When the cause of cancellation is a ground set forth in subdivision(1), (2), or (6), the cancellation is effective immediately. When thecause of cancellation is a ground set forth in subdivision (3), (4), (5),or (7), the cancellation is effective at the end of the school termfollowing the cancellation.
(b) An indefinite contract may not be canceled for political orpersonal reasons.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-2
Cancellation of indefinite contract of semipermanent teacher byschool corporation; grounds
Sec. 2. (a) An indefinite contract with a semipermanent teachermay be canceled in the manner specified in sections 3 through 5 ofthis chapter only for one (1) or more of the following grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey thestate school laws or reasonable rules prescribed for thegovernment of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the schoolcorporation.
(8) A conviction for an offense listed in IC 20-28-5-8(c).
(b) An indefinite contract with a semipermanent teacher may notbe canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinitecontract, the principal of the school at which the teacher teachesmust provide the teacher with a written evaluation of the teacher'sperformance before January 1 of each year. Upon the request of asemipermanent teacher, delivered in writing to the principal not later
than thirty (30) days after the teacher receives the evaluation requiredby this section, the principal must provide the teacher with anadditional written evaluation.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-3
Cancellation of indefinite contract by school corporation;procedure
Sec. 3. An indefinite contract with a permanent or semipermanentteacher may be canceled only in the following manner:
(1) The teacher must be notified in writing of the date, time, andplace for the consideration by the school corporation of thecancellation of the contract. Notification under this subdivisionmust occur not more than forty (40) days nor less than thirty(30) days before the consideration.
(2) The teacher must be furnished, not later than five (5) daysafter a written request, a written statement of the reasons for theconsideration.
(3) The teacher may file a written request for a hearing not laterthan fifteen (15) days after receiving notice under subdivision(1).
(4) If a request for a hearing is filed, the teacher must be givena hearing before the governing body on a day not earlier thanfive (5) days after the filing of the request.
(5) The teacher must be given not less than five (5) days noticeof the date, time, and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposedcancellation of the contract; and
(B) to be heard and to present the testimony of witnesses andother evidence bearing on the reasons for the proposedcancellation of the contract.
(7) A contract may not be canceled before the date set forconsideration of the cancellation of the contract and until thefollowing have occurred:
(A) A hearing is held, if a hearing is requested by theteacher.
(B) The superintendent of the school corporation has giventhe superintendent's recommendations on the contract. Onfive (5) days written notice to the superintendent by theschool corporation, the superintendent shall present arecommendation on the contract, except if the contract is asuperintendent's contract.
(8) Pending a decision on the cancellation of a teacher'scontract, the teacher may be suspended from duty.
(9) After complying with:
(A) section 1 of this chapter, in the case of permanentteachers; or
(B) section 2 of this chapter, in the case of semipermanentteachers; and with this section, the governing body of the school corporationmay cancel an indefinite contract with a teacher by a majorityvote evidenced by a signed statement in the minutes of theboard. The decision of the governing board is final.
The vote to cancel a contract under subdivision (9) must be taken bythe governing body on the date and at the time and place specified insubdivision (1).
As added by P.L.1-2005, SEC.12.
IC 20-28-7-4
Suspension of permanent or semipermanent teacher; withholdingof salary or benefits
Sec. 4. If a permanent or semipermanent teacher is suspendedunder section 3(8) of this chapter, and except as provided inIC 20-28-9-18, the governing body may not, while the teacher issuspended, withhold from the teacher any salary payments or otheremployment related benefits that before the suspension the teacherwas entitled to receive.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-5
Hearing regarding indefinite contract of permanent orsemipermanent teacher; subpoenas
Sec. 5. (a) The governing body may appoint an agent, who:
(1) is not an employee of the school corporation; and
(2) may be a member of the governing body or an attorneyretained to administer the hearing proceedings under thischapter;
to issue subpoenas for the attendance of witnesses for either party atthe hearing.
(b) A subpoena issued under this section must be:
(1) served by the party who seeks to compel the attendance ofa witness; and
(2) upon application to the court by the party, enforced in themanner provided by law for the service and enforcement ofsubpoenas in a civil action.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-6
Discharge and contract rights of permanent and semipermanentteachers
Sec. 6. (a) A permanent teacher who holds an indefinite contractunder IC 20-28-6-8 may not be discharged or have the teacher'scontract canceled except as provided in sections 1, 3, 4, and 5 of thischapter.
(b) A semipermanent teacher who holds an indefinite contractunder IC 20-28-6-10 may not be discharged or have the teacher'scontract canceled except as provided in sections 2 through 5 of thischapter.
(c) A school corporation and the school corporation's proper
officers shall retain a permanent or semipermanent teacher until theteacher's indefinite contract is properly terminated.
(d) If subsection (a), (b), or (c) is violated, the permanent orsemipermanent teacher may bring an action for mandate as providedby law against the proper officers of the school corporation for anorder requiring the officers to reinstate the teacher and restore theteacher to full rights as a permanent or semipermanent teacher.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-7
Cancellation of indefinite contract by teacher
Sec. 7. (a) A permanent or semipermanent teacher may not cancelan indefinite contract during the school term of the contract or duringthe thirty (30) days before the beginning date of the school termunless the cancellation is mutually agreed upon. A permanent orsemipermanent teacher may cancel the teacher's indefinite contractat any other time by giving five (5) days notice to the schoolcorporation.
(b) A permanent or semipermanent teacher who cancels theteacher's indefinite contract in any manner other than as provided insubsection (a) is guilty of unprofessional conduct, for which the statesuperintendent may suspend the teacher's license for not more thanone (1) year.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-8
Contract between nonpermanent teacher and school corporation;continuation
Sec. 8. A contract entered into by a nonpermanent teacher and aschool corporation continues in force on the same terms and for thesame wages, unless increased under IC 20-28-9-1 and IC 20-28-9-2,for the next school term following the date of termination set in thecontract. However, the contract does not continue if any of thefollowing occur:
(1) The school corporation refuses continuation of the contractunder sections 9 and 10(b) of this chapter.
(2) The teacher delivers or mails by registered or certified mailto the school corporation the teacher's written resignation.
(3) The contract is replaced by another contract agreed to by theparties.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-9
Contract between nonpermanent teacher and school corporation;rights before refusal of continuation of contract
Sec. 9. (a) Before a teacher is refused continuation of the contractunder section 8 of this chapter, the teacher has the following rights,which shall be strictly construed:
(1) The principal of the school at which the teacher teachesmust provide the teacher with an annual written evaluation of
the teacher's performance before January 1 of each year. Uponthe request of a nonpermanent teacher, delivered in writing tothe principal not later than thirty (30) days after the teacherreceives the evaluation required by this section, the principalshall provide the teacher with an additional written evaluation.
(2) On or before June 1 in an even-numbered year and the laterof June 15 or the date a budget act is enacted by the generalassembly in an odd-numbered year, the school corporation shallnotify the teacher that the governing body will considernonrenewal of the contract for the next school term. Thenotification must be:
(A) written; and
(B) delivered in person or mailed by registered or certifiedmail to the teacher at the teacher's last known address.
(b) The notice in subsection (a)(2) must include a writtenstatement, which:
(1) may be developed in executive session; and
(2) is not a public document;
giving the reasons for the consideration of the nonrenewal of theteacher's contract.
(c) For reasons other than a reduction in force, the notice insubsection (a)(2) must inform the teacher that, not later than ten (10)days after the teacher's receipt of the notice, the teacher may requesta conference under section 10 of this chapter.
(d) If the reason for nonrenewal is reduction in force, the teachermay request a conference as provided in section 10 of this chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.38-2007, SEC.1;P.L.182-2009(ss), SEC.319.
IC 20-28-7-10
Contract between nonpermanent teacher and school corporation;conference; governing body
Sec. 10. (a) A teacher who receives notice of consideration of thenonrenewal of the teacher's contract under section 9 of this chaptermay request a conference under this section.
(b) A conference shall be held:
(1) with the governing body; or
(2) at the direction of the governing body, with thesuperintendent of the school corporation or the superintendent'sdesignee;
not more than ten (10) days after the day the governing body receivesa teacher's request for a conference. If the first conference is not withthe governing body, the teacher may request a second conference,which must be held with the governing body at a time mutuallyagreeable to both parties and not more than twenty (20) days after theday the governing body receives the request for a second conference,or before the end of the school year, whichever is earlier.
(c) The governing body may, in addition to a conference underthis section, require that the superintendent of the school corporationor the superintendent's designee and the teacher summarize in writing
the position of each party with respect to the continuation of thecontract.
(d) At a conference under this section:
(1) the governing body, the superintendent of the schoolcorporation, or the superintendent's designee shall provide fulland complete information supporting the reasons given fornoncontinuance; and
(2) the teacher shall provide any information demonstrating thatnoncontinuance of the contract is improper.
(e) A conference under this section with the governing body shallbe in executive session unless the teacher requests a publicconference. The teacher may have a representative at any conference.
(f) The governing body shall vote on the continuation of theteacher's contract not more than ten (10) days after a conferenceunder this section.
As added by P.L.1-2005, SEC.12. Amended by P.L.38-2007, SEC.2.
IC 20-28-7-11
Contract between nonpermanent teacher and school corporation;extension of time period for request for conference
Sec. 11. The periods set out in section 10(b) of this chapter shallbe extended for a reasonable period:
(1) when a teacher or school official is ill or absent from theschool corporation;
(2) when the teacher requests a public conference, but a publicconference held within the periods of section 10(b) of thischapter violates IC 5-14-1.5-5; or
(3) for other reasonable cause.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-12
Contract between nonpermanent teacher and school corporation;grounds for termination of contract
Sec. 12. The governing body of a school corporation may decidenot to continue a teacher's contract under sections 8 through 11 ofthis chapter:
(1) for any reason considered relevant to the schoolcorporation's interest; or
(2) because of a teacher's inability to perform the teacher'steaching duties.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-13
Construction of chapter with collective bargaining agreements
Sec. 13. (a) This chapter may not be construed to limit theprovisions of a collective bargaining agreement negotiated underIC 20-29.
(b) This chapter does not prohibit a school employer and anexclusive representative from collectively bargaining contracts thatalter the requirements of sections 1 through 6 and sections 8 through
12 of this chapter and IC 20-28-9-21 through IC 20-28-9-23.
(c) This chapter may not be construed to limit the rights of aschool employer and an exclusive representative (as defined inIC 20-29-2-9) to mutually agree to binding arbitration concerningteacher dismissals.
(d) If the school employer and the exclusive representativemutually agree to binding arbitration of teacher dismissals:
(1) the arbitrator shall determine whether the hearing will beopen to the public; and
(2) the written decision of the arbitrator must be:
(A) presented to the governing body in an open meeting; and
(B) made available to the public for inspection and copying.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-14
Void contract; signing of more than one contract
Sec. 14. (a) This section does not apply to an individual whoworks at a conversion charter school (as defined in IC 20-24-1-5) forpurposes of the individual's employment with the school corporationthat sponsored the conversion charter school.
(b) A contract entered into after August 15 between a schoolcorporation and a teacher is void if the teacher, at the time of signingthe contract, is bound by a previous contract to teach in a publicschool. However, another contract may be signed by the teacher thatwill be effective if the teacher:
(1) furnishes the governing body a release by the employersunder the previous contract; or
(2) shows proof that twenty-one (21) days written notice wasdelivered by the teacher to the first employer.
(c) A governing body may request from a teacher, at the time ofcontracting, a written statement as to whether the teacher has signedanother teaching contract. However, the teacher's failure to providethe statement is not a cause for subsequently voiding the contract.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-15
Void contract; township trustee's violation
Sec. 15. (a) A township trustee may not contract with a teacher ifthe teacher's term of service under the contract begins after theexpiration of the trustee's term of office.
(b) A contract that violates subsection (a) is void as to the trustee'stownship and school general fund. However, the trustee is personallyliable to the teacher for all services rendered under the contract andall damages sustained by reason of the contract.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2006, SEC.138.