Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
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        (1) has successfully completed a beginning teacher internship program, under IC 20-6.1-8 (repealed); or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;
            (D) number of salary payments to be made to the teacher during the school year; and
            (E) number of hours per day the teacher is expected to work, as discussed pursuant to IC 20-29-6-7.
    (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 20-28-9-5 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. Amended by P.L.48-2011, SEC.3; P.L.6-2012, SEC.137.

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:
        (1) a teacher to serve in the absence of a teacher who has been granted a leave of absence by the school corporation for:
            (A) engaging in defense service or in service auxiliary to defense service;
            (B) professional study or advancement;
            (C) exchange teaching;
            (D) extended disability to which a licensed physician has attested; or
            (E) serving in the general assembly; or
        (2) a new teacher for a position:
            (A) that is funded by a grant outside the school funding formula for which funding is available only for a specified period or purpose; or
            (B) vacated by a teacher who is under a regular contract and who temporarily accepts a teacher position that is funded by a grant outside the school funding formula for which funding is available only for a specified period or purpose.
    (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.
As added by P.L.1-2005, SEC.12. Amended by P.L.48-2011, SEC.4.

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 20-28-10-5.
    (d) The salary of a teacher on a supplemental service contract shall be determined by the superintendent. The superintendent may, but is not required to, base the salary on the regular salary schedule for the school corporation.
As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.28.

IC 20-28-6-7.5
Probationary teacher; effect of evaluations
    
Sec. 7.5. (a) A teacher who is subject to section 8 of this chapter is not subject to this section.
    (b) After June 30, 2011, a teacher who:
        (1) serves under contract as a teacher in a public school corporation;
        (2) has not received a rating in an evaluation under IC 20-28-11.5 or receives a rating of ineffective in an evaluation under IC 20-28-11.5;
        (3) has not at any time before July 1, 2012, entered into a teaching contract for further service with the school corporation; and
        (4) has not received three (3) ratings in a five (5) year period of effective or highly effective in an evaluation under IC 20-28-11.5;
shall be considered a probationary teacher.
    (c) After June 30, 2011, a teacher who receives a rating of:
        (1) effective;
        (2) highly effective; or
        (3) a combination of both subdivisions (1) and (2);
in an evaluation under IC 20-28-11.5 for at least three (3) years in a five (5) year or shorter period becomes a professional teacher by entering into a contract described in section 2 of this chapter.
    (d) A professional teacher who receives a rating of ineffective in an evaluation under IC 20-28-11.5 shall be considered a probationary teacher but is not subject to the cancellation of the teacher's contract unless at least one (1) of the following criteria applies:
        (1) The teacher receives a rating of ineffective in an evaluation under IC 20-28-11.5 in the year immediately following the teacher's initial rating of ineffective.
        (2) The teacher's contract cancellation is due to a justifiable decrease in the number of teaching positions under IC 20-28-7.5-1(b)(3).
        (3) The teacher's contract cancellation is due to conduct set forth in IC 20-28-7.5-1(b).
As added by P.L.90-2011, SEC.29.

IC 20-28-6-8
Indefinite contract; established teacher
    
Sec. 8. (a) An individual who:
        (1) serves under contract as a teacher in a public school

corporation before July 1, 2012; and
        (2) at any time before July 1, 2012, enters into a teacher's contract for further service with the school corporation;
becomes, by entering into the contract described in subdivision (2), an established teacher of the school corporation. When a contract between the school corporation and an established teacher expires by the contract's terms, the contract is considered to continue indefinitely as an indefinite contract, subject to IC 20-28-7.5.
    (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 20-28-7.5.
As added by P.L.1-2005, SEC.12. Amended by P.L.43-2010, SEC.1; P.L.90-2011, SEC.30.

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
Repealed
    
(Repealed by P.L.90-2011, SEC.50.)