CHAPTER 9. SALARY AND RELATED PAYMENTS
IC 20-28-9
Chapter 9. Salary and Related Payments
IC 20-28-9-1
Teacher's minimum salary; basis
Sec. 1. (a) A teacher's minimum salary each school year must becomputed based on the teacher's education, experience, and degreecompleted as of the teacher's first day of service.
(b) If a teacher is licensed by the department on:
(1) the first day of service in the current school year; or
(2) another date as agreed by the school employer and theexclusive representative under IC 20-29;
the teacher's minimum salary is computed under section 2 of thischapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.165.
IC 20-28-9-2
Teacher's minimum salary; computation for nine month schoolterm
Sec. 2. A teacher's minimum salary for service during a nine (9)month school term is computed as follows:
(1) For a teacher who has completed four (4) years or onehundred forty-four (144) weeks of professional education, fivethousand two hundred dollars ($5,200), plus:
(A) an additional increment of one hundred fifty dollars($150) after each of the first ten (10) years of experience;and
(B) an additional increment of two hundred fifty dollars($250) after each of the following years of experience:
(i) The fifteenth.
(ii) The twentieth.
(2) For a teacher who has completed five (5) years or onehundred eighty (180) weeks of professional education, fivethousand five hundred dollars ($5,500), plus:
(A) an additional increment of one hundred fifty dollars($150) after each of the first eighteen (18) years ofexperience; and
(B) an additional increment of three hundred dollars ($300)after each of the following years of experience:
(i) The nineteenth.
(ii) The twentieth.
(iii) The twenty-second.
(iv) The twenty-fourth.
(v) The twenty-sixth.
(vi) The thirtieth.
(3) For a teacher who has completed less than four (4) years ofprofessional education, four thousand seven hundred dollars($4,700), plus an additional increment of one hundred twentydollars ($120) after each of the first ten (10) years of
experience.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.166.
IC 20-28-9-3
Teacher's minimum salary; computation for increased ordecreased school term
Sec. 3. If:
(1) the school term of; or
(2) a teacher's contract with;
a school corporation is longer or shorter than nine (9) months, theminimum salary as computed under section 2 of this chapter must beproportionately increased or decreased.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-4
Educational requirements for teacher's minimum salary
Sec. 4. (a) The department shall require each teacher to hold:
(1) a bachelor's degree from an accredited teacher educationinstitution to qualify for the first time for classification undersection 2(1) of this chapter; and
(2) a master's degree to qualify for the first time forclassification under section 2(2) of this chapter.
(b) A teacher may not receive credit for five (5) years of educationunder section 2(2) of this chapter unless the teacher has completedat least a bachelor's degree.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.167.
IC 20-28-9-5
Computation of annual salary of teacher or distribution of statefunds; rounding to nearest dollar
Sec. 5. In computing the annual salary of a teacher or whendistributing state funds, an amount of less than fifty cents ($0.50) isdropped while an amount of fifty cents ($0.50) or more is rounded upto the next whole dollar.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-6
Substitute teachers; wages; no written contract required
Sec. 6. (a) The governing body shall fix wages for substituteteachers.
(b) A substitute teacher may be engaged without a writtencontract.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-7
Substitute teachers; certain licenses; pay schedule
Sec. 7. (a) An individual who:
(1) holds: (A) a professional license;
(B) a provisional license;
(C) a limited license; or
(D) an equivalent license issued by the department; and
(2) serves as an occasional substitute teacher;
shall be compensated on the pay schedule for substitutes of theschool corporation the individual serves.
(b) An individual who:
(1) holds a:
(A) professional license; or
(B) provisional license; and
(2) serves as a substitute teacher in the same teaching positionfor more than fifteen (15) consecutive school days;
shall be compensated on the regular pay schedule for teachers of theschool corporation the individual serves.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,SEC.168.
IC 20-28-9-8
Substitute teacher with substitute license; compensation schedule
Sec. 8. An individual who holds a substitute license shall becompensated on the pay schedule for substitutes of the schoolcorporation the individual serves.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-9
Teacher absence from work with pay; accumulated unused days
Sec. 9. (a) Each teacher may be absent from work with pay:
(1) on account of illness or quarantine for ten (10) days the firstyear and seven (7) days in each succeeding year (referred to as"sick days" in this chapter); and
(2) for death in the teacher's immediate family for a periodextending not more than five (5) days beyond the death.
(b) If the teacher does not use all the teacher's sick days in aschool year, the unused days accumulate up to a total of ninety (90)days. However, each teacher shall be credited with the accumulativedays accrued to the teacher on January 1, 1966.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-10
Teacher with at least one accumulated sick day; employment byanother school corporation
Sec. 10. (a) This section applies whenever a teacher accumulatesat least one (1) sick day and then is employed in another schoolcorporation.
(b) Beginning in the teacher's second year, the teacher's employershall add up to three (3) sick days each year to the number of sickdays to which the teacher is entitled under section 9(a) of this chapteruntil the accumulated sick days to which the teacher was entitled inthe teacher's last employment are exhausted.As added by P.L.1-2005, SEC.12.
IC 20-28-9-11
Teacher absence from work with pay; agreement between schoolemployer and exclusive representative
Sec. 11. Absences that are not described in sections 9 through 10of this chapter may be taken with pay when agreed on by the schoolemployer and the exclusive representative under IC 20-29.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-12
Adoption of regulations by school corporation governing paymentor part payment of teachers; conditions
Sec. 12. A school corporation may adopt regulations governingthe payment or part payment of teachers and then make payments inaccordance with those regulations to teachers who are absent becauseof:
(1) sickness;
(2) attending school conventions or meetings;
(3) visiting other schools; or
(4) a death in the immediate family.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-13
Voluntary sick day bank
Sec. 13. A school corporation may establish a voluntary sick daybank:
(1) to which a teacher may contribute unused sick days; and
(2) from which a contributing teacher may draw sick days whenthe contributing teacher's accumulated sick days are exhausted.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-14
Teacher personal days
Sec. 14. Each teacher may have at least two (2) days each yearwith pay for the transaction of personal business or the conduct ofpersonal or civic affairs. The teacher shall submit to thesuperintendent a written statement describing the reason andnecessity for the absence.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-15
Teacher payment when school is closed
Sec. 15. If during the term of the teacher's contract:
(1) the school is closed by order of the:
(A) school corporation; or
(B) health authorities; or
(2) school cannot be conducted through no fault of the teacher;
the teacher shall receive regular payments during that time. If acanceled student instructional day (as defined in IC 20-30-2-2) is
rescheduled to comply with IC 20-30-2, each teacher and(notwithstanding IC 20-27-8-7) each school bus driver shall work onthat rescheduled day without additional compensation.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-16
School closure for Christmas holidays; no payment of teachers'salaries; length of school term
Sec. 16. A school may be closed for up to two (2) weeks forChristmas holidays without payment of teachers' salaries. Closing theschool for Christmas holidays does not shorten the length of theschool term.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-17
Teacher payment for Saturdays
Sec. 17. The governing body of a school city may pay the salaryof teachers for Saturdays in addition to the other days that school isin session.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-18
Salary deductions
Sec. 18. (a) Upon a teacher's written request, a governing bodyshall withhold the requested amount of money from the salary of theteacher for a purpose described in subsection (c).
(b) Upon a written request from a beneficiary of the Indiana stateteachers' retirement fund, a governing body may receive a givenamount of money for a purpose described in subsection (c).
(c) The governing body shall hold the amounts described insubsections (a) and (b) and pay the amounts, as requested by theteacher or the beneficiary, to an insurance company or other agencyor organization in Indiana that provides, extends, supervises, or paysfor:
(1) insurance or other protection; or
(2) the establishment of or payment on an annuity account;
for the teacher. If a dividend accrues on a policy, the dividend shallbe paid or credited to the teacher.
(d) If less than twenty percent (20%) of the teachers employed bya governing body request payment of the amounts described insubsection (c) to a single recipient, withholding the amounts ofmoney for insurance, dues, or other purposes is discretionary withthe governing body.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-19
Retirement, savings, or severance pay plan
Sec. 19. (a) If a governing body of a school corporation agrees toa retirement, savings, or severance pay plan with a teacher or with anexclusive representative under IC 20-29, the benefits may be paid to: (1) the teacher who is eligible under a negotiated retirement,savings, or severance pay plan; or
(2) in the case of the teacher's death:
(A) the teacher's designated beneficiary; or
(B) the teacher's estate, if there is no designated beneficiary.
Payments may be made in a lump sum or in installments as agreedupon by the parties or to a savings plan established underIC 5-10-1.1-1(2).
(b) Notwithstanding IC 6-1.1-20, the payments under this sectionshall be made from the general fund of the school corporation andmay be made for a period exceeding one (1) year.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-20
Participation in health insurance plan upon retirement
Sec. 20. A teacher who is employed by a school corporation thatprovides a health insurance plan for its employees may participate inthe health insurance plan upon retirement under IC 5-10-8.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-21
Suspension of teacher without pay; reasons
Sec. 21. (a) This section and sections 22 through 23 of thischapter apply to the suspension of a teacher without pay when theprocedure for the cancellation of the teacher's contract underIC 20-28-7-3 through IC 20-28-7-5 do not apply.
(b) A teacher may be suspended from duty without pay only forthe following reasons:
(1) Immorality.
(2) Insubordination, which means the 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) Good and just cause.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-22
Suspension of teacher without pay; procedure
Sec. 22. A teacher may be suspended without pay only under thefollowing procedure:
(1) The teacher must be notified in writing not more than forty(40) days and not less than thirty (30) days before the date ofthe consideration of the date, time, and place for theconsideration by the school corporation of the suspension of theteacher without pay.
(2) The teacher shall 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 later
than fifteen (15) days after receipt of the notice of thisconsideration.
(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 filing the request.
(5) The teacher must be given at least five (5) days notice of thedate, time, and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposedsuspension without pay; and
(B) to be heard and to present the testimony of witnesses andother evidence bearing on the reasons for the proposedsuspension without pay.
(7) A teacher may not be suspended without pay until:
(A) the date is set for consideration of the suspensionwithout pay;
(B) after a hearing is held, if a hearing is requested by theteacher; and
(C) except on the suspension of a superintendent's contract,the superintendent has given recommendations on thesuspension not later than five (5) days after the schoolcorporation makes the request for recommendations.
(8) After complying with this section, the governing body of theschool corporation may suspend a teacher without pay for areasonable time by a majority vote evidenced by a signedstatement in the minutes of the board.
The vote to suspend a teacher without pay described in subdivision(8) must be taken by the governing body on the date and at the timeand place specified in subdivision (1).
As added by P.L.1-2005, SEC.12.
IC 20-28-9-23
Hearing regarding suspension of teacher without pay; subpoenas
Sec. 23. The governing body may appoint an agent (who is not anemployee of the school corporation but who may be a member of thegoverning body or an attorney retained to administer the hearingproceedings under this section) to issue subpoenas for the attendanceof witnesses for either party at the hearing under section 22 of thischapter. A subpoena issued under this section shall 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 20-28-9-24
Examination for teacher licensure; furnishing of test scores
Sec. 24. (a) This section applies to an examination that is requiredfor teacher licensure under this chapter. (b) If an individual does not demonstrate the level of proficiencyrequired to receive a license on all or a part of an examination, theexamination's scorer must provide the individual with the individual'stest scores, including subscores for each area tested.
As added by P.L.1-2005, SEC.12.