CHAPTER 2. DEFINITIONS
IC 20-29-2
Chapter 2. Definitions
IC 20-29-2-1
Application of chapter
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-2
"Bargain collectively"
Sec. 2. "Bargain collectively" means the performance of themutual obligation of the school employer and the exclusiverepresentative to:
(1) meet at reasonable times to negotiate in good faithconcerning the items enumerated in IC 20-29-6-4; and
(2) execute a written contract incorporating any agreementrelating to the matters described in subdivision (1).
As added by P.L.1-2005, SEC.13.
IC 20-29-2-3
"Board"
Sec. 3. "Board" refers to the Indiana education employmentrelations board established by IC 20-29-3-1.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-4
"Certificated employee"
Sec. 4. "Certificated employee" means a person:
(1) whose contract with the school corporation requires that theperson hold a license or permit from the division of professionalstandards of the department under IC 20-28; or
(2) who is employed as a teacher by a charter school establishedunder IC 20-24.
As added by P.L.1-2005, SEC.13. Amended by P.L.1-2007, SEC.145.
IC 20-29-2-5
"Confidential employee"
Sec. 5. "Confidential employee" means a school employee whose:
(1) unrestricted access to confidential personnel files; or
(2) functional responsibilities or knowledge in connection withthe issues involved in dealings between the school corporationand its employees;
makes the school employee's membership in a school employeeorganization incompatible with the school employee's official duties.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-6
"Deficit financing"
Sec. 6. "Deficit financing" for a budget year means expenditures
exceeding the money legally available to the employer.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-7
"Discuss"
Sec. 7. "Discuss" means the performance of the mutual obligationof the school corporation through its superintendent and theexclusive representative to meet at reasonable times to:
(1) discuss;
(2) provide meaningful input; or
(3) exchange points of view;
with respect to items enumerated in IC 20-29-6-7.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-8
"Employees performing security work"
Sec. 8. "Employees performing security work" means a schoolemployee:
(1) whose primary responsibility is the protection of personaland real property owned or leased by the school corporation; or
(2) who performs police or quasi-police powers.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-9
"Exclusive representative"
Sec. 9. "Exclusive representative" means the:
(1) school employee organization that has been:
(A) certified for purposes of this article by the board; or
(B) recognized by a school employer as the exclusiverepresentative of the employees in an appropriate unit;
under IC 20-29-5-1 through IC 20-29-5-5; or
(2) person or persons authorized to act on behalf of arepresentative described in subdivision (1).
As added by P.L.1-2005, SEC.13.
IC 20-29-2-10
"Governing body"
Sec. 10. "Governing body" means:
(1) a township trustee and the township board of a schooltownship;
(2) a county board of education;
(3) a board of school commissioners;
(4) a metropolitan board of education;
(5) a board of trustees;
(6) any other board or commission charged by law with theresponsibility of administering the affairs of a schoolcorporation; or
(7) the body that administers a charter school established underIC 20-24.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-11
"Noncertificated employee"
Sec. 11. "Noncertificated employee" means a school employeewhose employment is not dependent on the holding of a license orpermit under IC 20-28.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-12
"School corporation"
Sec. 12. "School corporation" means a local public schoolcorporation established under Indiana law. The term includes any:
(1) school city;
(2) school town;
(3) school township;
(4) consolidated school corporation;
(5) metropolitan school district;
(6) township school corporation;
(7) county school corporation;
(8) united school corporation;
(9) community school corporation; and
(10) public career and technical education center or school orschool for children with disabilities established or maintainedby two (2) or more school corporations.
As added by P.L.1-2005, SEC.13. Amended by P.L.234-2007,SEC.109.
IC 20-29-2-13
"School employee"
Sec. 13. "School employee" means a full-time certificated personin the employment of the school employer. A school employee isconsidered full time even though the employee does not work duringschool vacation periods and accordingly works less than a full year.The term does not include:
(1) supervisors;
(2) confidential employees;
(3) employees performing security work; and
(4) noncertificated employees.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-14
"School employee organization"
Sec. 14. "School employee organization" means an organizationthat:
(1) has school employees as members; and
(2) as one (1) of its primary purposes, represents schoolemployees in dealing with their school employer.
The term includes a person or persons authorized to act on behalf ofthe organization.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-15
"School employer"
Sec. 15. "School employer" means:
(1) the governing body of each:
(A) school corporation; or
(B) charter school established under IC 20-24; and
(2) a person or persons authorized to act for the governing bodyof the school employer in dealing with its employees.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-16
"Strike"
Sec. 16. "Strike" means:
(1) concerted failure to report for duty;
(2) willful absence from one's position;
(3) stoppage of work; or
(4) abstinence in whole or in part from the full, faithful, andproper performance of the duties of employment;
without the lawful approval of the school employer or in anyconcerted manner interfering with the operation of the schoolemployer for any purpose.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-17
"Submission date"
Sec. 17. "Submission date" means the first date for the legalnotice and publication of the budget of a school corporation underIC 6-1.1-17-3.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-18
"Superintendent"
Sec. 18. "Superintendent" means:
(1) the chief administrative officer of a:
(A) school corporation; or
(B) charter school established under IC 20-24; or
(2) a person or persons designated by the officer or by thegoverning body to act in the officer's behalf in dealing withschool employees.
As added by P.L.1-2005, SEC.13.
IC 20-29-2-19
"Supervisor"
Sec. 19. "Supervisor" means an individual who has:
(1) authority, acting for the school corporation, to hire, transfer,suspend, lay off, recall, promote, discharge, assign, reward, ordiscipline school employees;
(2) responsibility to direct school employees and adjust theirgrievances; or
(3) responsibility to effectively recommend the action described
in subdivisions (1) through (2);
that is not of a merely routine or clerical nature but requires the useof independent judgment. The term includes superintendents,assistant superintendents, business managers and supervisors,directors with school corporationwide responsibilities, principals andvice principals, and department heads who have responsibility forevaluating teachers.
As added by P.L.1-2005, SEC.13.