Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 20-28-7.5
     Chapter 7.5. Cancellation of Teacher Contracts

IC 20-28-7.5-1
Application; grounds for cancellation
    
Sec. 1. (a) This chapter applies to a teacher in a school corporation (as defined in IC 20-18-2-16(a)).
    (b) A principal may decline to continue a probationary teacher's contract under sections 2 through 4 of this chapter if the probationary teacher:
        (1) receives an ineffective designation on a performance evaluation under IC 20-28-11.5;
        (2) receives two (2) consecutive improvement necessary ratings on a performance evaluation under IC 20-28-11.5; or
        (3) is subject to a justifiable decrease in the number of teaching positions or any reason relevant to the school corporation's interest.
    (c) Except as provided in subsection (e), a principal may not decline to continue a professional or established teacher's contract unless the teacher is subject to a justifiable decrease in the number of teaching positions.
    (d) After June 30, 2012, 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) 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) Justifiable decrease in the number of teaching positions.
        (4) Incompetence, including receiving:
            (A) an ineffective designation on two (2) consecutive performance evaluations under IC 20-28-11.5; or
            (B) an ineffective designation or improvement necessary rating in three (3) years of any five (5) year period.
        (5) Neglect of duty.
        (6) A conviction for an offense listed in IC 20-28-5-8(c).
        (7) Other good or just cause.
As added by P.L.90-2011, SEC.31. Amended by P.L.286-2013, SEC.87.

IC 20-28-7.5-2
Procedure for cancellation
    
Sec. 2. (a) Before a teacher is refused continuation of the teacher's contract, the teacher has the following rights:
        (1) The principal shall notify the teacher of the principal'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.
    (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. The superintendent must set the requested meeting not later than ten (10) days after the request.
    (c) At the conference between the superintendent and the teacher, the teacher may be accompanied by a representative.
    (d) After the conference between the superintendent and the teacher, the superintendent 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 preliminary decision is considered final.
    (f) For items listed in section (1)(e)(3), (1)(e)(4), or (1)(e)(6) of this chapter, if the 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, the teacher is entitled to an additional private conference with the governing body before the governing body makes a final decision, which must be in writing, concerning the cancellation of the teacher's contract.
    (g) For items listed in section (1)(e)(1), (1)(e)(2), (1)(e)(5), or (1)(e)(7) of this chapter, if, not later than five (5) days after the initial private conference with the superintendent, the teacher files a request with the governing body for an additional private conference, 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.

IC 20-28-7.5-3


Governing 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 20-28-7.5-4
Suspension 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 20-28-7.5-5
Extension 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 20-28-7.5-6
Continuation 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 20-28-7.5-7
Effect 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 20-28-9-23.


    (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 20-28-9-23.
    (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.

IC 20-28-7.5-8
Void contract; teacher bound by previous contract to teach in public school
    
Sec. 8. (a) This section does not apply to an individual who works at a conversion charter school (as defined in IC 20-24-1-5) for purposes of the individual's employment with the school corporation that sponsored the conversion charter school.
    (b) A contract entered into after August 15 between a school corporation and a teacher is void if the teacher, at the time of signing the contract, is bound by a previous contract to teach in a public school. However, another contract may be signed by the teacher that will be effective if the teacher:
        (1) furnishes the principal a release by the employer under the previous contract; or
        (2) shows proof that thirty (30) days written notice was delivered by the teacher to the first employer.
    (c) A principal may request from a teacher, at the time of contracting, a written statement as to whether the teacher has signed another teaching contract. However, the teacher's failure to provide the statement is not a cause for subsequently voiding the contract.
As added by P.L.90-2011, SEC.31.