CHAPTER 4. PERSONNEL SYSTEM
IC 20-21-4
Chapter 4. Personnel System
IC 20-21-4-1
Applicability of state personnel and state merit employment
provisions
Sec. 1. Except as provided in this chapter, IC 4-15-1.8 and
IC 4-15-2 apply to the employees of the school.
As added by P.L.1-2005, SEC.5.
IC 20-21-4-2
Hiring personnel
Sec. 2. The executive shall hire directly for those positions as
approved by the state personnel department and the board any
candidate the executive considers qualified to fill a position at the
school. The state personnel department, in collaboration with the
board, shall annually develop a list of job classifications for positions
at the school for which the executive may fill a vacancy by hiring a
candidate for the position based on a search for qualified candidates
outside the state personnel hiring list.
As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.60.
IC 20-21-4-3
Salary schedules; terms of contracts and hours of work for
teachers
Sec. 3. (a) The board shall prescribe, subject to the approval of the
state personnel department and the budget agency, a salary schedule
for the school, using a daily rate of pay for each teacher that must be
equal to that of the largest school corporation in the county in which
the school is located.
(b) The board shall prescribe the terms of the annual contract
awarded to licensed teachers qualifying for payment under the salary
schedule as described in subsection (a).
(c) The hours of work for all teachers shall be set in accordance
with IC 4-15-2.
As added by P.L.1-2005, SEC.5.
IC 20-21-4-4
Employee wage payment arrangements
Sec. 4. (a) Notwithstanding IC 22-2-5-2, the school 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 school 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 school 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.4.