CHAPTER 6. CONTRACTS
IC 20-28-6
Chapter 6. Contracts
IC 20-28-6-1
Preemployment consideration; qualifications
Sec. 1. (a) Not later than ten (10) days after a request from the
governing body, the superintendent of a school corporation shall
make a report on an individual being considered by the school
corporation for either a teaching appointment or an indefinite
contract as described in section 8 of this chapter. The report must
contain information on the individual's teaching preparation,
experience, and license.
(b) The governing body of a school corporation may not employ
an individual who receives an initial standard or reciprocal license
after March 31, 1988, for a teaching appointment under this chapter
unless the individual:
(1) has successfully completed a beginning teacher internship
program, under IC 20-6.1-8 (repealed); or
(2) has at least two (2) years teaching experience outside
Indiana.
(c) This section does not prevent the granting of additional
authority in the selection or employment of teachers to a
superintendent of a school corporation by the rules of the school
corporation.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-2
Basic contract requirements
Sec. 2. (a) A contract entered into by a teacher and a school
corporation must:
(1) be in writing;
(2) be signed by both parties; and
(3) contain the:
(A) beginning date of the school term as determined
annually by the school corporation;
(B) number of days in the school term as determined
annually by the school corporation;
(C) total salary to be paid to the teacher during the school
year; and
(D) number of salary payments to be made to the teacher
during the school year.
(b) The contract may provide for the annual determination of the
teacher's annual compensation by a local salary schedule, which is
part of the contract. The salary schedule may be changed by the
school corporation on or before May 1 of a year, with the changes
effective the next school year. A teacher affected by the changes
shall be furnished with printed copies of the changed schedule not
later than thirty (30) days after the schedule's adoption.
(c) A contract under this section is also governed by the following
statutes:
(1) IC 20-28-9-1 through IC 20-28-9-6.
(2) IC 20-28-9-9 through IC 20-28-9-11.
(3) IC 20-28-9-13.
(4) IC 20-28-9-14.
(d) A governing body shall provide the blank contract forms,
carefully worded by the state superintendent, and have them signed.
The contracts are public records open to inspection by the residents
of each school corporation.
(e) An action may be brought on a contract that conforms with
subsections (a)(1), (a)(2), and (d).
As added by P.L.1-2005, SEC.12.
IC 20-28-6-3
Contract forms; state superintendent's duties
Sec. 3. The state superintendent shall do the following:
(1) Prescribe the following forms:
(A) The uniform teacher's contract in the following alternate
forms:
(i) The regular teacher's contract.
(ii) The temporary teacher's contract.
(B) The supplemental service teacher's contract.
(2) Furnish each school corporation with the forms.
(3) Require each school corporation to include in the school
corporation's semiannual report on ADA a statement that the
school corporation is in compliance with IC 20-28-5-2, sections
4 through 7 of this chapter, IC 20-28-9-7, and IC 20-28-9-8.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2006, SEC.137.
IC 20-28-6-4
Contract forms; applicable teachers
Sec. 4. (a) This section does not apply to a teacher employed as
a substitute teacher.
(b) A teacher employed in a public school must be employed on
a uniform teacher's contract or a supplemental service teacher's
contract.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-5
Regular teacher's contract
Sec. 5. The regular teacher's contract must be used statewide
without amendment and must contain, in addition to the items in
section 2(a)(3) of this chapter:
(1) the manner of salary payment; and
(2) any provisions relating to the government of the school that
the state superintendent includes.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-6
Temporary teacher's contract
Sec. 6. (a) A temporary teacher's contract shall be used only for
employing a teacher to serve in the absence of a teacher who has
been granted a leave of absence by the school corporation for:
(1) engaging in defense service or in service auxiliary to
defense service;
(2) professional study or advancement;
(3) exchange teaching;
(4) extended disability to which a licensed physician has
attested; or
(5) serving in the general assembly.
(b) The temporary teacher's contract must contain:
(1) the provisions of the regular teacher's contract except those
providing for continued tenure of position;
(2) a blank space for the name of the teacher granted the leave,
which may not be used on another temporary teacher's contract
for the same leave of absence; and
(3) an expiration date that:
(A) is the date of the return of the teacher on leave; and
(B) is not later than the end of the school year.
(c) If a teacher is employed on the temporary teacher's contract for
at least sixty (60) days in a school year, the teacher may, on request,
receive the service credit that the teacher would otherwise receive
with regard to the Indiana state teachers' retirement fund.
Additionally, the salary of that teacher may not be less than the state
minimum salary under IC 20-28-9-1 and IC 20-28-9-2, or by a local
salary schedule not less remunerative than the state minimum salary
under IC 20-28-9-1 and IC 20-28-9-2.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-7
Supplemental service teacher's contract
Sec. 7. (a) As used in this section, "teacher" includes an individual
who:
(1) holds a substitute teacher's license; and
(2) provides instruction in a joint summer school program under
IC 20-30-7-5.
(b) The supplemental service teacher's contract shall be used when
a teacher provides professional service in evening school or summer
school employment, except when a teacher or other individual is
employed to supervise or conduct noncredit courses or activities.
(c) If a teacher serves more than one hundred twenty (120) days
on a supplemental service teacher's contract in a school year, the
following apply:
(1) Sections 1, 2, 3, and 8 of this chapter.
(2) IC 20-28-10-1 through IC 20-28-10-2.
(3) IC 20-28-7-3 through IC 20-28-7-5.
(4) IC 20-28-7-7 through IC 20-28-7-12.
(5) IC 20-28-7-14.
(6) IC 20-28-10-1 through IC 20-28-10-5.
(d) The salary of a teacher on a supplemental service contract
must equal the salary of a teacher on the regular salary schedule of
the school corporation where the teacher will serve. Part-time service
on the supplemental service contract is computed on the basis of six
(6) hours as a full day of service.
As added by P.L.1-2005, SEC.12.
IC 20-28-6-8
Indefinite contract; permanent teacher
Sec. 8. (a) An individual who:
(1) serves under contract as a teacher in a public school
corporation for at least five (5) successive years; and
(2) at any time enters into a teacher's contract for further service
with the school corporation;
becomes, by entering into the contract described in subdivision (2),
a permanent teacher of the school corporation. When a contract
between the school corporation and a permanent teacher expires by
the contract's terms, the contract is considered to continue
indefinitely as an indefinite contract.
(b) An indefinite contract remains in force until the indefinite
contract is:
(1) replaced by a new contract signed by both parties; or
(2) canceled as provided in IC 20-28-7.
As added by P.L.1-2005, SEC.12. Amended by P.L.43-2010, SEC.1.
IC 20-28-6-9
Laboratory school teacher; transfer to local school corporation;
service credit; indefinite contract
Sec. 9. (a) A teacher serving under a regular contract at a
laboratory school operated under IC 20-24.5-2 who is offered and
accepts a position in the local school corporation that is a party to the
agreement with the university operating the laboratory school is
entitled to:
(1) transfer to the local school corporation any years served as
a regular teacher at the laboratory school; and
(2) receive credit for the years in meeting the five (5) year
requirement for an indefinite contract contained in section 8 of
this chapter.
(b) If the teacher accepting a position with the local school
corporation has served as a regular teacher at the laboratory school
for at least five (5) successive years, the teacher's contract with the
local school corporation is an indefinite contract under section 8 of
this chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2007, SEC.218.
IC 20-28-6-10
Indefinite contract; semipermanent teacher
Sec. 10. (a) An individual who:
(1) serves under contract as a teacher in a public school
corporation for two (2) successive years;
(2) at any time after serving two (2) successive years in the
public school corporation enters into a teacher's contract for
further service with the school corporation; and
(3) is not a permanent teacher under section 8 of this chapter;
is a semipermanent teacher of the school corporation. When a
contract between the school corporation and a semipermanent
teacher expires by the contract's terms, the contract continues
indefinitely as an indefinite contract for a semipermanent teacher.
(b) An indefinite contract for a semipermanent teacher remains in
force until:
(1) the contract is replaced by a new contract signed by both
parties;
(2) the contract is canceled as provided in IC 20-28-7; or
(3) the teacher becomes a permanent teacher under section 8 of
this chapter.
As added by P.L.1-2005, SEC.12.