CHAPTER 9. SALARY AND RELATED PAYMENTS
IC 20-28-9
Chapter 9. Salary and Related Payments
IC 20-28-9-1
Teacher's minimum salary; basis
Sec. 1. (a) A teacher's minimum salary each school year must be
computed based on the teacher's education, experience, and degree
completed as of the teacher's first day of service.
(b) If a teacher is licensed by the department on:
(1) the first day of service in the current school year; or
(2) another date as agreed by the school employer and the
exclusive representative under IC 20-29;
the teacher's minimum salary is computed under section 2 of this
chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,
SEC.165.
IC 20-28-9-2
Teacher's minimum salary; computation for nine month school
term
Sec. 2. A teacher's minimum salary for service during a nine (9)
month school term is computed as follows:
(1) For a teacher who has completed four (4) years or one
hundred forty-four (144) weeks of professional education, five
thousand two hundred dollars ($5,200), plus:
(A) an additional increment of one hundred fifty dollars
($150) after each of the first ten (10) years of experience;
and
(B) an additional increment of two hundred fifty dollars
($250) after each of the following years of experience:
(i) The fifteenth.
(ii) The twentieth.
(2) For a teacher who has completed five (5) years or one
hundred eighty (180) weeks of professional education, five
thousand five hundred dollars ($5,500), plus:
(A) an additional increment of one hundred fifty dollars
($150) after each of the first eighteen (18) years of
experience; and
(B) an additional increment of three hundred dollars ($300)
after each of the following years of experience:
(i) The nineteenth.
(ii) The twentieth.
(iii) The twenty-second.
(iv) The twenty-fourth.
(v) The twenty-sixth.
(vi) The thirtieth.
(3) For a teacher who has completed less than four (4) years of
professional education, four thousand seven hundred dollars
($4,700), plus an additional increment of one hundred twenty
dollars ($120) after each of the first ten (10) years of
experience.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,
SEC.166.
IC 20-28-9-3
Teacher's minimum salary; computation for increased or
decreased school term
Sec. 3. If:
(1) the school term of; or
(2) a teacher's contract with;
a school corporation is longer or shorter than nine (9) months, the
minimum salary as computed under section 2 of this chapter must be
proportionately increased or decreased.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-4
Educational requirements for teacher's minimum salary
Sec. 4. (a) The department shall require each teacher to hold:
(1) a bachelor's degree from an accredited teacher education
institution to qualify for the first time for classification under
section 2(1) of this chapter; and
(2) a master's degree to qualify for the first time for
classification under section 2(2) of this chapter.
(b) A teacher may not receive credit for five (5) years of education
under section 2(2) of this chapter unless the teacher has completed
at least a bachelor's degree.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,
SEC.167.
IC 20-28-9-5
Computation of annual salary of teacher or distribution of state
funds; rounding to nearest dollar
Sec. 5. In computing the annual salary of a teacher or when
distributing state funds, an amount of less than fifty cents ($0.50) is
dropped while an amount of fifty cents ($0.50) or more is rounded up
to the next whole dollar.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-6
Substitute teachers; wages; no written contract required
Sec. 6. (a) The governing body shall fix wages for substitute
teachers.
(b) A substitute teacher may be engaged without a written
contract.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-7
Substitute teachers; certain licenses; pay schedule
Sec. 7. (a) An individual who:
(1) holds:
(A) a professional license;
(B) a provisional license;
(C) a limited license; or
(D) an equivalent license issued by the department; and
(2) serves as an occasional substitute teacher;
shall be compensated on the pay schedule for substitutes of the
school corporation the individual serves.
(b) An individual who:
(1) holds a:
(A) professional license; or
(B) provisional license; and
(2) serves as a substitute teacher in the same teaching position
for more than fifteen (15) consecutive school days;
shall be compensated on the regular pay schedule for teachers of the
school corporation the individual serves.
As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005,
SEC.168.
IC 20-28-9-8
Substitute teacher with substitute license; compensation schedule
Sec. 8. An individual who holds a substitute license shall be
compensated on the pay schedule for substitutes of the school
corporation the individual serves.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-9
Teacher absence from work with pay; accumulated unused days
Sec. 9. (a) Each teacher may be absent from work with pay:
(1) on account of illness or quarantine for ten (10) days the first
year and seven (7) days in each succeeding year (referred to as
"sick days" in this chapter); and
(2) for death in the teacher's immediate family for a period
extending not more than five (5) days beyond the death.
(b) If the teacher does not use all the teacher's sick days in a
school year, the unused days accumulate up to a total of ninety (90)
days. However, each teacher shall be credited with the accumulative
days accrued to the teacher on January 1, 1966.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-10
Teacher with at least one accumulated sick day; employment by
another school corporation
Sec. 10. (a) This section applies whenever a teacher accumulates
at least one (1) sick day and then is employed in another school
corporation.
(b) Beginning in the teacher's second year, the teacher's employer
shall add up to three (3) sick days each year to the number of sick
days to which the teacher is entitled under section 9(a) of this chapter
until the accumulated sick days to which the teacher was entitled in
the teacher's last employment are exhausted.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-11
Teacher absence from work with pay; agreement between school
employer and exclusive representative
Sec. 11. Absences that are not described in sections 9 through 10
of this chapter may be taken with pay when agreed on by the school
employer and the exclusive representative under IC 20-29.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-12
Adoption of regulations by school corporation governing payment
or part payment of teachers; conditions
Sec. 12. A school corporation may adopt regulations governing
the payment or part payment of teachers and then make payments in
accordance with those regulations to teachers who are absent because
of:
(1) sickness;
(2) attending school conventions or meetings;
(3) visiting other schools; or
(4) a death in the immediate family.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-13
Voluntary sick day bank
Sec. 13. A school corporation may establish a voluntary sick day
bank:
(1) to which a teacher may contribute unused sick days; and
(2) from which a contributing teacher may draw sick days when
the contributing teacher's accumulated sick days are exhausted.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-14
Teacher personal days
Sec. 14. Each teacher may have at least two (2) days each year
with pay for the transaction of personal business or the conduct of
personal or civic affairs. The teacher shall submit to the
superintendent a written statement describing the reason and
necessity for the absence.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-15
Teacher payment when school is closed
Sec. 15. If during the term of the teacher's contract:
(1) the school is closed by order of the:
(A) school corporation; or
(B) health authorities; or
(2) school cannot be conducted through no fault of the teacher;
the teacher shall receive regular payments during that time. If a
canceled student instructional day (as defined in IC 20-30-2-2) is
rescheduled to comply with IC 20-30-2, each teacher and
(notwithstanding IC 20-27-8-7) each school bus driver shall work on
that rescheduled day without additional compensation.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-16
School closure for Christmas holidays; no payment of teachers'
salaries; length of school term
Sec. 16. A school may be closed for up to two (2) weeks for
Christmas holidays without payment of teachers' salaries. Closing the
school for Christmas holidays does not shorten the length of the
school term.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-17
Teacher payment for Saturdays
Sec. 17. The governing body of a school city may pay the salary
of teachers for Saturdays in addition to the other days that school is
in session.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-18
Salary deductions
Sec. 18. (a) Upon a teacher's written request, a governing body
shall withhold the requested amount of money from the salary of the
teacher for a purpose described in subsection (c).
(b) Upon a written request from a beneficiary of the Indiana state
teachers' retirement fund, a governing body may receive a given
amount of money for a purpose described in subsection (c).
(c) The governing body shall hold the amounts described in
subsections (a) and (b) and pay the amounts, as requested by the
teacher or the beneficiary, to an insurance company or other agency
or organization in Indiana that provides, extends, supervises, or pays
for:
(1) insurance or other protection; or
(2) the establishment of or payment on an annuity account;
for the teacher. If a dividend accrues on a policy, the dividend shall
be paid or credited to the teacher.
(d) If less than twenty percent (20%) of the teachers employed by
a governing body request payment of the amounts described in
subsection (c) to a single recipient, withholding the amounts of
money for insurance, dues, or other purposes is discretionary with
the governing body.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-19
Retirement, savings, or severance pay plan
Sec. 19. (a) If a governing body of a school corporation agrees to
a retirement, savings, or severance pay plan with a teacher or with an
exclusive representative under IC 20-29, the benefits may be paid to:
(1) the teacher who is eligible under a negotiated retirement,
savings, or severance pay plan; or
(2) in the case of the teacher's death:
(A) the teacher's designated beneficiary; or
(B) the teacher's estate, if there is no designated beneficiary.
Payments may be made in a lump sum or in installments as agreed
upon by the parties or to a savings plan established under
IC 5-10-1.1-1(2).
(b) Notwithstanding IC 6-1.1-20, the payments under this section
shall be made from the general fund of the school corporation and
may be made for a period exceeding one (1) year.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-20
Participation in health insurance plan upon retirement
Sec. 20. A teacher who is employed by a school corporation that
provides a health insurance plan for its employees may participate in
the health insurance plan upon retirement under IC 5-10-8.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-21
Suspension of teacher without pay; reasons
Sec. 21. (a) This section and sections 22 through 23 of this
chapter apply to the suspension of a teacher without pay when the
procedure for the cancellation of the teacher's contract under
IC 20-28-7-3 through IC 20-28-7-5 do not apply.
(b) A teacher may be suspended from duty without pay only for
the following reasons:
(1) Immorality.
(2) Insubordination, which means the willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties.
(5) Good and just cause.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-22
Suspension of teacher without pay; procedure
Sec. 22. A teacher may be suspended without pay only under the
following procedure:
(1) The teacher must be notified in writing not more than forty
(40) days and not less than thirty (30) days before the date of
the consideration of the date, time, and place for the
consideration by the school corporation of the suspension of the
teacher without pay.
(2) The teacher shall be furnished, not later than five (5) days
after a written request, a written statement of the reasons for the
consideration.
(3) The teacher may file a written request for a hearing not later
than fifteen (15) days after receipt of the notice of this
consideration.
(4) If a request for a hearing is filed, the teacher must be given
a hearing before the governing body on a day not earlier than
five (5) days after filing the request.
(5) The teacher must be given at least five (5) days notice of the
date, time, and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposed
suspension without pay; and
(B) to be heard and to present the testimony of witnesses and
other evidence bearing on the reasons for the proposed
suspension without pay.
(7) A teacher may not be suspended without pay until:
(A) the date is set for consideration of the suspension
without pay;
(B) after a hearing is held, if a hearing is requested by the
teacher; and
(C) except on the suspension of a superintendent's contract,
the superintendent has given recommendations on the
suspension not later than five (5) days after the school
corporation makes the request for recommendations.
(8) After complying with this section, the governing body of the
school corporation may suspend a teacher without pay for a
reasonable time by a majority vote evidenced by a signed
statement in the minutes of the board.
The vote to suspend a teacher without pay described in subdivision
(8) must be taken by the governing body on the date and at the time
and place specified in subdivision (1).
As added by P.L.1-2005, SEC.12.
IC 20-28-9-23
Hearing regarding suspension of teacher without pay; subpoenas
Sec. 23. The governing body may appoint an agent (who is not an
employee of the school corporation but who may be a member of the
governing body or an attorney retained to administer the hearing
proceedings under this section) to issue subpoenas for the attendance
of witnesses for either party at the hearing under section 22 of this
chapter. A subpoena issued under this section shall be:
(1) served by the party who seeks to compel the attendance of
a witness; and
(2) upon application to the court by the party, enforced in the
manner provided by law for the service and enforcement of
subpoenas in a civil action.
As added by P.L.1-2005, SEC.12.
IC 20-28-9-24
Examination for teacher licensure; furnishing of test scores
Sec. 24. (a) This section applies to an examination that is required
for teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test scores, including subscores for each area tested.
As added by P.L.1-2005, SEC.12.