IC 11-10-5
Chapter 5. Academic and Vocational Education
IC 11-10-5-1 Implementation of academic and vocational education curricula
and programs; funding
Sec. 1. The department shall, after consulting with the state
superintendent of public instruction and the Indiana commission on
vocational and technical education of the department of workforce
development, implement academic and vocational education
curricula and programs for confined offenders, by utilizing qualified
personnel employed by the department or by arranging for
instruction to be given by public or private educational agencies in
Indiana. The department shall include special education programs,
which shall be governed under IC 20-35-2. To provide funding for
development and implementation of academic and vocational
education curricula and programs, the department may accept gifts
and apply for and receive grants from any source. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987,
SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995,
SEC.13; P.L.1-2005, SEC.121.
IC 11-10-5-2 Adoption of rules for licensing of teachers
Sec. 2. The advisory board of the division of professional
standards of the department of education established by IC 20-28-2-2
shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules under
IC 4-22-2 for the licensing of teachers to be employed by the
department. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,
SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005,
SEC.96.
IC 11-10-5-3 Limited teaching and conditional vocational certificates;
qualification of applicants
Sec. 3. Limited certificates valid for one (1) year may be granted,
upon the request of the commissioner, according to rules of the
advisory board of the division of professional standards of the
department of education established by IC 20-28-2-2. Modification
of these rules may be made by the advisory board of the division of
professional standards of the department of education established by
IC 20-28-2-2 in a way reasonably calculated to make available an
adequate supply of qualified teachers. A limited certificate may be
issued in cases where special education and qualifications warrant
the waiver of part of the prerequisite professional education required
for certification to teach in the public schools. The limited certificate,
however, may be issued only to applicants who have graduated from
an accredited college or university. Teachers of vocational education
need not be graduates of an accredited college or university but shall
meet requirements for conditional vocational certificates as
determined by the department of education. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,
SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005,
SEC.97.
IC 11-10-5-4 Teachers' salary and teachers' retirement fund plan
Sec. 4. (a) All teachers employed by the department are subject to
all provisions of law concerning the minimum salary of teachers and
membership in any teachers' retirement fund plan. The commissioner
or the commissioner's designated representative shall annually
determine the salary schedule of the largest school corporation of the
county in which each correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe, subject to approval by the state personnel department and
the budget agency, a salary schedule for each correctional institution,
using a daily rate of pay for each teacher, which must be equal to that
of the largest school corporation in the county in which the
correctional institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under
the schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution
is located becomes the largest school corporation in the county in
which the correctional institution is located, the daily rate of pay for
each teacher must be equal to that of the school corporation in which
the correctional institution is located without regard to whether the
school corporation in which the correctional institution is located
remains the largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule
for each correctional institution located in a county having a
population of:
(1) more than seventeen thousand (17,000) but less than
seventeen thousand five hundred (17,500); or
(2) more than one hundred thousand (100,000) but less than one
hundred five thousand (105,000);
must be equal to that of the school corporation in which the
correctional institution is located. As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1982,
P.L.92, SEC.1; P.L.96-1988, SEC.1; P.L.12-1992, SEC.68;
P.L.170-2002, SEC.79.
IC 11-10-5-5 Employee wage payment arrangements
Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctional
institution and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day
of that school year and ends not later than thirteen (13)
months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), the correctional
institution remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the correctional institution may not be
conditioned upon the acceptance of a wage payment arrangement
under subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (a) at the beginning of each school year. As added by P.L.41-2009, SEC.1.
IC 11-10-5
Chapter 5. Academic and Vocational Education
IC 11-10-5-1 Implementation of academic and vocational education curricula
and programs; funding
Sec. 1. The department shall, after consulting with the state
superintendent of public instruction and the Indiana commission on
vocational and technical education of the department of workforce
development, implement academic and vocational education
curricula and programs for confined offenders, by utilizing qualified
personnel employed by the department or by arranging for
instruction to be given by public or private educational agencies in
Indiana. The department shall include special education programs,
which shall be governed under IC 20-35-2. To provide funding for
development and implementation of academic and vocational
education curricula and programs, the department may accept gifts
and apply for and receive grants from any source. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987,
SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995,
SEC.13; P.L.1-2005, SEC.121.
IC 11-10-5-2 Adoption of rules for licensing of teachers
Sec. 2. The advisory board of the division of professional
standards of the department of education established by IC 20-28-2-2
shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules under
IC 4-22-2 for the licensing of teachers to be employed by the
department. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,
SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005,
SEC.96.
IC 11-10-5-3 Limited teaching and conditional vocational certificates;
qualification of applicants
Sec. 3. Limited certificates valid for one (1) year may be granted,
upon the request of the commissioner, according to rules of the
advisory board of the division of professional standards of the
department of education established by IC 20-28-2-2. Modification
of these rules may be made by the advisory board of the division of
professional standards of the department of education established by
IC 20-28-2-2 in a way reasonably calculated to make available an
adequate supply of qualified teachers. A limited certificate may be
issued in cases where special education and qualifications warrant
the waiver of part of the prerequisite professional education required
for certification to teach in the public schools. The limited certificate,
however, may be issued only to applicants who have graduated from
an accredited college or university. Teachers of vocational education
need not be graduates of an accredited college or university but shall
meet requirements for conditional vocational certificates as
determined by the department of education. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,
SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005,
SEC.97.
IC 11-10-5-4 Teachers' salary and teachers' retirement fund plan
Sec. 4. (a) All teachers employed by the department are subject to
all provisions of law concerning the minimum salary of teachers and
membership in any teachers' retirement fund plan. The commissioner
or the commissioner's designated representative shall annually
determine the salary schedule of the largest school corporation of the
county in which each correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe, subject to approval by the state personnel department and
the budget agency, a salary schedule for each correctional institution,
using a daily rate of pay for each teacher, which must be equal to that
of the largest school corporation in the county in which the
correctional institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under
the schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution
is located becomes the largest school corporation in the county in
which the correctional institution is located, the daily rate of pay for
each teacher must be equal to that of the school corporation in which
the correctional institution is located without regard to whether the
school corporation in which the correctional institution is located
remains the largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule
for each correctional institution located in a county having a
population of:
(1) more than seventeen thousand (17,000) but less than
seventeen thousand five hundred (17,500); or
(2) more than one hundred thousand (100,000) but less than one
hundred five thousand (105,000);
must be equal to that of the school corporation in which the
correctional institution is located. As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1982,
P.L.92, SEC.1; P.L.96-1988, SEC.1; P.L.12-1992, SEC.68;
P.L.170-2002, SEC.79.
IC 11-10-5-5 Employee wage payment arrangements
Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctional
institution and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day
of that school year and ends not later than thirteen (13)
months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), the correctional
institution remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the correctional institution may not be
conditioned upon the acceptance of a wage payment arrangement
under subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (a) at the beginning of each school year. As added by P.L.41-2009, SEC.1.
IC 11-10-5
Chapter 5. Academic and Vocational Education
IC 11-10-5-1 Implementation of academic and vocational education curricula
and programs; funding
Sec. 1. The department shall, after consulting with the state
superintendent of public instruction and the Indiana commission on
vocational and technical education of the department of workforce
development, implement academic and vocational education
curricula and programs for confined offenders, by utilizing qualified
personnel employed by the department or by arranging for
instruction to be given by public or private educational agencies in
Indiana. The department shall include special education programs,
which shall be governed under IC 20-35-2. To provide funding for
development and implementation of academic and vocational
education curricula and programs, the department may accept gifts
and apply for and receive grants from any source. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987,
SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995,
SEC.13; P.L.1-2005, SEC.121.
IC 11-10-5-2 Adoption of rules for licensing of teachers
Sec. 2. The advisory board of the division of professional
standards of the department of education established by IC 20-28-2-2
shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules under
IC 4-22-2 for the licensing of teachers to be employed by the
department. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,
SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005,
SEC.96.
IC 11-10-5-3 Limited teaching and conditional vocational certificates;
qualification of applicants
Sec. 3. Limited certificates valid for one (1) year may be granted,
upon the request of the commissioner, according to rules of the
advisory board of the division of professional standards of the
department of education established by IC 20-28-2-2. Modification
of these rules may be made by the advisory board of the division of
professional standards of the department of education established by
IC 20-28-2-2 in a way reasonably calculated to make available an
adequate supply of qualified teachers. A limited certificate may be
issued in cases where special education and qualifications warrant
the waiver of part of the prerequisite professional education required
for certification to teach in the public schools. The limited certificate,
however, may be issued only to applicants who have graduated from
an accredited college or university. Teachers of vocational education
need not be graduates of an accredited college or university but shall
meet requirements for conditional vocational certificates as
determined by the department of education. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984,
SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005,
SEC.97.
IC 11-10-5-4 Teachers' salary and teachers' retirement fund plan
Sec. 4. (a) All teachers employed by the department are subject to
all provisions of law concerning the minimum salary of teachers and
membership in any teachers' retirement fund plan. The commissioner
or the commissioner's designated representative shall annually
determine the salary schedule of the largest school corporation of the
county in which each correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe, subject to approval by the state personnel department and
the budget agency, a salary schedule for each correctional institution,
using a daily rate of pay for each teacher, which must be equal to that
of the largest school corporation in the county in which the
correctional institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under
the schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution
is located becomes the largest school corporation in the county in
which the correctional institution is located, the daily rate of pay for
each teacher must be equal to that of the school corporation in which
the correctional institution is located without regard to whether the
school corporation in which the correctional institution is located
remains the largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule
for each correctional institution located in a county having a
population of:
(1) more than seventeen thousand (17,000) but less than
seventeen thousand five hundred (17,500); or
(2) more than one hundred thousand (100,000) but less than one
hundred five thousand (105,000);
must be equal to that of the school corporation in which the
correctional institution is located. As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1982,
P.L.92, SEC.1; P.L.96-1988, SEC.1; P.L.12-1992, SEC.68;
P.L.170-2002, SEC.79.
IC 11-10-5-5 Employee wage payment arrangements
Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctional
institution and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day
of that school year and ends not later than thirteen (13)
months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period beginning
with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the
Internal Revenue Code.
(d) Absent an agreement under subsection (a), the correctional
institution remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement
entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the correctional institution may not be
conditioned upon the acceptance of a wage payment arrangement
under subsection (a).
(h) An employee may revoke a wage payment arrangement under
subsection (a) at the beginning of each school year. As added by P.L.41-2009, SEC.1.
