Indiana § 20-28-6-10 - Repealed

§ 20-28-6-10. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-4-9.5.]

As added by P.L.1-2005, SEC.12. Repealed by P.L.90-2011, SEC.50.

IC 20-28-7Chapter 7. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-28-7-1formerly 20-6.1-4-1020-28-7-2formerly 20-6.1-4-10.520-28-7-3formerly 20-6.1-4-11(a)20-28-7-4formerly 20-6.1-4-11(b)20-28-7-5formerly 20-6.1-4-11(c)20-28-7-6formerly 20-6.1-4-1220-28-7-7formerly 20-6.1-4-1320-28-7-8formerly 20-6.1-4-14(a)20-28-7-9formerly 20-6.1-4-14(b)20-28-7-10formerly 20-6.1-4-14(c), (d), (e), (f), (g)20-28-7-11formerly 20-6.1-4-14(h)20-28-7-12formerly 20-6.1-4-14(i)20-28-7-13formerly 20-6.1-4-14.520-28-7-14formerly 20-6.1-4-1520-28-7-15formerly 20-6.1-4-16.]Repealed by P.L.90-2011, SEC.50.

IC 20-28-7.5Chapter 7.5. Cancellation of Teacher Contracts

20-28-7.5-1Cancellation of contract 20-28-7.5-2Procedure for cancellation 20-28-7.5-3Governing body action 20-28-7.5-4Suspension pending cancellation of contract 20-28-7.5-5Extension of time periods 20-28-7.5-6Continuation of contract 20-28-7.5-7Effect of chapter 20-28-7.5-8Repealed

IC 20-28-7.5-1Cancellation of contract Sec. 1. (a) This chapter applies to a teacher in a school corporation (as defined in IC 20-18-2-16(a)).

(b) A contract with a teacher may be canceled immediately in the manner set forth in sections 2 through 4 of this chapter for any of the following reasons:

(1) Immorality.

(2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules adopted for the governance of the school building or the school corporation.

(3) Repeated ineffective performance, as determined by the school corporation.

(4) Neglect of duty.

(5) A conviction of an offense listed in IC 20-28-5-8(b).

(6) Other good or just cause.

(c) In addition to the reasons set forth in subsection (b), a probationary teacher's contract may be canceled for any reason relevant to the school corporation's interest in the manner set forth in sections 2 through 4 of this chapter.

(d) The cancellation of teacher's contracts due to a justifiable decrease in the number of teaching positions shall be determined on the basis of performance rather than seniority. In cases where teachers are placed in the same performance category, any of the items in IC 20-28-9-1.5(b) may be considered.

(e) Only the governing body may terminate, cancel, or otherwise refuse to renew a contract of a superintendent or assistant superintendent. Notice of the contract cancellation or the refusal to renew the individual's contract must be provided in the manner provided in IC 20-28-8-3(a).

As added by P.L.90-2011, SEC.31. Amended by P.L.286-2013, SEC.87; P.L.233-2015, SEC.208; P.L.239-2015, SEC.4; P.L.200-2023, SEC.14; P.L.74-2026, SEC.101.

IC 20-28-7.5-2Procedure for cancellation Sec. 2. (a) Before a teacher's contract is canceled, the teacher has the following rights:

(1) The principal or superintendent shall notify the teacher of the principal's or superintendent's preliminary decision. The notification must be:

(A) in writing; and

(B) delivered in person or mailed by registered or certified mail to the teacher at the teacher's last known address.

(2) The notice in subdivision (1) must include a written statement, subject to IC 5-14-3-4, giving the reasons for the preliminary decision.

(3) Notification due to a reduction in force must be delivered between May 1 and July 1.

However, in the case of a school corporation that is a distressed political subdivision under IC 6-1.1-20.3, IC 6-1.1-20.3-16 applies to the cancellation of a teacher's contract in addition to this section.

(b) For a cancellation of a teacher's contract for a reason other than a reduction in force, the notice required under subsection (a)(1) must inform the teacher that, not later than five (5) days after the teacher's receipt of the notice, the teacher may request a private conference with the superintendent or the assistant superintendent. The superintendent or the assistant superintendent, as applicable, must set the requested meeting not later than ten (10) days after the request.

(c) At the conference between the superintendent or the assistant superintendent, as applicable, and the teacher, the teacher may be accompanied by a representative.

(d) After the conference between the superintendent or the assistant superintendent, as applicable, and the teacher, the superintendent or the assistant superintendent, whoever attended the conference, shall make a written recommendation to the governing body of the school corporation regarding the cancellation of the teacher's contract.

(e) If the teacher does not request a conference under subsection (b), the principal's or superintendent's preliminary decision is considered final.

(f) If a probationary, professional, or established teacher files a request with the governing body for an additional private conference not later than five (5) days after the initial private conference with the superintendent or the assistant superintendent, as applicable, the teacher is entitled to an additional private conference with the governing body before the governing body makes a final decision. The final decision must be in writing and must be made not more than thirty (30) days after the governing body receives the teacher's request for the additional private conference. At the private conference the governing body shall do the following:

(1) Allow the teacher to present evidence to refute the reason or reasons for contract cancellation and supporting evidence provided by the school corporation. Any evidence presented at the private conference must have been exchanged by the parties at least seven (7) days before the private conference.

(2) Consider whether a preponderance of the evidence supports the cancellation of the teacher's contract.

As added by P.L.90-2011, SEC.31. Amended by P.L.233-2015, SEC.209; P.L.179-2016, SEC.9; P.L.185-2017, SEC.6; P.L.208-2017, SEC.2; P.L.213-2018(ss), SEC.23.

IC 20-28-7.5-3Governing body action Sec. 3. At the first public meeting following a private conference with:

(1) the governing body under section 2(f) of this chapter; or

(2) the superintendent under section 2(b) of this chapter, if no conference with the governing body is requested;

the governing body may cancel a contract with a teacher by a majority vote evidenced by a signed statement in the minutes of the board. The decision of the governing body is final.

As added by P.L.90-2011, SEC.31.

IC 20-28-7.5-4Suspension pending cancellation of contract Sec. 4. Pending a final decision on the cancellation of a teacher's contract, the teacher may be suspended from duty.

As added by P.L.90-2011, SEC.31.

IC 20-28-7.5-5Extension of time periods Sec. 5. The time periods set out in section 2 of this chapter shall be extended for a reasonable period:

(1) when a teacher or school official is ill or absent from the school corporation; or

(2) for other reasonable cause.

As added by P.L.90-2011, SEC.31.

IC 20-28-7.5-6Continuation of contract Sec. 6. A contract entered into by a teacher and a school employer continues in force on the same terms and for the same wages, unless increased under IC 20-28-9-1.5, for the next school term following the date of the contract's termination unless one (1) of the following occurs:

(1) The school corporation refuses continuation of the contract under this chapter.

(2) The teacher delivers in person or by registered or certified mail to the school corporation the teacher's written resignation.

(3) The contract is replaced by another contract agreed to by the parties.

As added by P.L.90-2011, SEC.31. Amended by P.L.286-2013, SEC.88.

IC 20-28-7.5-7Effect of chapter Sec. 7. (a) This chapter shall be construed to:

(1) limit the provisions of a collective bargaining agreement negotiated under IC 20-29; and

(2) prohibit the negotiation of contracts that violate the requirements of this chapter and IC 20-28-9-21 through IC 20-28-9-22.

(b) This chapter prohibits a school employer and an exclusive representative (as defined in IC 20-29-2-9) from collectively bargaining contracts that alter the requirements of this chapter and IC 20-28-9-21 through IC 20-28-9-22.

(c) This chapter shall be construed to prohibit a school employer and an exclusive representative from mutually agreeing to binding arbitration concerning teacher dismissals.

As added by P.L.90-2011, SEC.31. Amended by P.L.233-2015, SEC.210.

IC 20-28-7.5-8RepealedAs added by P.L.90-2011, SEC.31. Amended by P.L.43-2014, SEC.4; P.L.233-2015, SEC.211; P.L.179-2016, SEC.10. Repealed by P.L.74-2026, SEC.102.

IC 20-28-8Chapter 8. Contracts With School Administrators

20-28-8-1School principal's and administrative assistant's contracts 20-28-8-2School principal's and assistant principal's contracts; conditions 20-28-8-2.5Limitations regarding payments to buy out school principal or assistant principal contracts 20-28-8-2.7Assistant superintendent contracts 20-28-8-3Assistant superintendent, principal, and assistant principal contracts; renewal or refusal to renew; written notice 20-28-8-3.5Limitations regarding payment to buy out assistant superintendent contracts 20-28-8-4Written preliminary notice that governing body considering not renewing contract; private conference 20-28-8-5Consideration of statewide assessment test scores in evaluation of principal's performance 20-28-8-6Superintendent contracts 20-28-8-7Superintendent's contract; termination 20-28-8-8Repealed 20-28-8-9Director of special education; compensation for services before or after school term 20-28-8-10Director of special education; conditions for employment contract 20-28-8-11Director of special education; expiration of contract; reinstatement; modification or termination 20-28-8-12Director of special education; nonrenewal of contract; notice; private conference 20-28-8-13Prohibition on bonus or incentive based on approval of a public question