IN
Indiana Senate Bill SB0062

Indiana 2024 Regular Session

Indiana Senate Bill SB0062 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 SENATE BILL No. 62
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-14-1.5-6.1; IC 20-28-6-2; IC 20-29.
77 Synopsis: Discussions with exclusive representative. Requires a
88 school employer to discuss certain items with the exclusive
99 representative of certificated employees. Provides that the obligation
1010 to discuss does not require either party to enter into a contract, agree to
1111 a proposal, or make a concession related to the discussable items.
1212 Makes it an unfair practice for a school employer to refuse to discuss
1313 the items with an exclusive representative. Removes language that
1414 excludes a discussion or meeting to discuss items between a school
1515 employer and an exclusive representative from the provision that
1616 establishes instances in which executive sessions may be held.
1717 Effective: July 1, 2024.
1818 Ford J.D.
1919 January 8, 2024, read first time and referred to Committee on Education and Career
2020 Development.
2121 2024 IN 62—LS 6334/DI 110 Introduced
2222 Second Regular Session of the 123rd General Assembly (2024)
2323 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2424 Constitution) is being amended, the text of the existing provision will appear in this style type,
2525 additions will appear in this style type, and deletions will appear in this style type.
2626 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2727 provision adopted), the text of the new provision will appear in this style type. Also, the
2828 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2929 a new provision to the Indiana Code or the Indiana Constitution.
3030 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3131 between statutes enacted by the 2023 Regular Session of the General Assembly.
3232 SENATE BILL No. 62
3333 A BILL FOR AN ACT to amend the Indiana Code concerning
3434 education.
3535 Be it enacted by the General Assembly of the State of Indiana:
3636 1 SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
3737 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3838 3 JULY 1, 2024]: Sec. 6.1. (a) As used in this section, "public official"
3939 4 means a person:
4040 5 (1) who is a member of a governing body of a public agency; or
4141 6 (2) whose tenure and compensation are fixed by law and who
4242 7 executes an oath.
4343 8 (b) Executive sessions may be held only in the following instances:
4444 9 (1) Where authorized by federal or state statute.
4545 10 (2) For discussion of strategy with respect to any of the following:
4646 11 (A) Collective bargaining. which does not include a discussion
4747 12 or meeting under IC 20-29-6-7.
4848 13 (B) Initiation of litigation or litigation that is either pending or
4949 14 has been threatened specifically in writing. As used in this
5050 15 clause, "litigation" includes any judicial action or
5151 16 administrative law proceeding under federal or state law.
5252 17 (C) The implementation of security systems.
5353 2024 IN 62—LS 6334/DI 110 2
5454 1 (D) A real property transaction including:
5555 2 (i) a purchase;
5656 3 (ii) a lease as lessor;
5757 4 (iii) a lease as lessee;
5858 5 (iv) a transfer;
5959 6 (v) an exchange; or
6060 7 (vi) a sale;
6161 8 by the governing body up to the time a contract or option is
6262 9 executed by the parties. This clause does not affect a political
6363 10 subdivision's duty to comply with any other statute that
6464 11 governs the conduct of the real property transaction, including
6565 12 IC 36-1-10 or IC 36-1-11.
6666 13 (E) School consolidation.
6767 14 However, all such strategy discussions must be necessary for
6868 15 competitive or bargaining reasons and may not include
6969 16 competitive or bargaining adversaries.
7070 17 (3) For discussion of the assessment, design, and implementation
7171 18 of school safety and security measures, plans, and systems.
7272 19 (4) Interviews and negotiations with industrial or commercial
7373 20 prospects or agents of industrial or commercial prospects by:
7474 21 (A) the Indiana economic development corporation;
7575 22 (B) the office of tourism development (before July 1, 2020) or
7676 23 the Indiana destination development corporation (after June
7777 24 30, 2020);
7878 25 (C) the Indiana finance authority;
7979 26 (D) the ports of Indiana;
8080 27 (E) an economic development commission;
8181 28 (F) the Indiana state department of agriculture;
8282 29 (G) the Indiana White River state park development
8383 30 commission;
8484 31 (H) a local economic development organization that is a
8585 32 nonprofit corporation established under state law whose
8686 33 primary purpose is the promotion of industrial or business
8787 34 development in Indiana, the retention or expansion of Indiana
8888 35 businesses, or the development of entrepreneurial activities in
8989 36 Indiana; or
9090 37 (I) a governing body of a political subdivision.
9191 38 However, this subdivision does not apply to any discussions
9292 39 regarding research that is prohibited under IC 16-34.5-1-2 or
9393 40 under any other law.
9494 41 (5) To receive information about and interview prospective
9595 42 employees.
9696 2024 IN 62—LS 6334/DI 110 3
9797 1 (6) With respect to any individual over whom the governing body
9898 2 has jurisdiction:
9999 3 (A) to receive information concerning the individual's alleged
100100 4 misconduct; and
101101 5 (B) to discuss, before a determination, the individual's status
102102 6 as an employee, a student, or an independent contractor who
103103 7 is:
104104 8 (i) a physician; or
105105 9 (ii) a school bus driver.
106106 10 (7) For discussion of records classified as confidential by state or
107107 11 federal statute.
108108 12 (8) To discuss before a placement decision an individual student's
109109 13 abilities, past performance, behavior, and needs.
110110 14 (9) To discuss a job performance evaluation of individual
111111 15 employees. This subdivision does not apply to a discussion of the
112112 16 salary, compensation, or benefits of employees during a budget
113113 17 process.
114114 18 (10) When considering the appointment of a public official, to do
115115 19 the following:
116116 20 (A) Develop a list of prospective appointees.
117117 21 (B) Consider applications.
118118 22 (C) Make one (1) initial exclusion of prospective appointees
119119 23 from further consideration.
120120 24 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
121121 25 release and shall make available for inspection and copying in
122122 26 accordance with IC 5-14-3-3 identifying information concerning
123123 27 prospective appointees not initially excluded from further
124124 28 consideration. An initial exclusion of prospective appointees from
125125 29 further consideration may not reduce the number of prospective
126126 30 appointees to fewer than three (3) unless there are fewer than
127127 31 three (3) prospective appointees. Interviews of prospective
128128 32 appointees must be conducted at a meeting that is open to the
129129 33 public.
130130 34 (11) To train school board members with an outside consultant
131131 35 about the performance of the role of the members as public
132132 36 officials.
133133 37 (12) To prepare or score examinations used in issuing licenses,
134134 38 certificates, permits, or registrations under IC 25.
135135 39 (13) To discuss information and intelligence intended to prevent,
136136 40 mitigate, or respond to the threat of terrorism.
137137 41 (14) To train members of a board of aviation commissioners
138138 42 appointed under IC 8-22-2 or members of an airport authority
139139 2024 IN 62—LS 6334/DI 110 4
140140 1 board appointed under IC 8-22-3 with an outside consultant about
141141 2 the performance of the role of the members as public officials. A
142142 3 board may hold not more than one (1) executive session per
143143 4 calendar year under this subdivision.
144144 5 (15) For discussion by the governing body of a state educational
145145 6 institution of:
146146 7 (A) the assessment of; or
147147 8 (B) negotiation with another entity concerning;
148148 9 the establishment of a collaborative relationship or venture to
149149 10 advance the research, engagement, or education mission of the
150150 11 state educational institution. However, this subdivision does not
151151 12 apply to any discussions regarding research that is prohibited
152152 13 under IC 16-34.5-1-2 or under any other law.
153153 14 (c) A final action must be taken at a meeting open to the public.
154154 15 (d) Public notice of executive sessions must state the subject matter
155155 16 by specific reference to the enumerated instance or instances for which
156156 17 executive sessions may be held under subsection (b). The requirements
157157 18 stated in section 4 of this chapter for memoranda and minutes being
158158 19 made available to the public is modified as to executive sessions in that
159159 20 the memoranda and minutes must identify the subject matter
160160 21 considered by specific reference to the enumerated instance or
161161 22 instances for which public notice was given. The governing body shall
162162 23 certify by a statement in the memoranda and minutes of the governing
163163 24 body that no subject matter was discussed in the executive session
164164 25 other than the subject matter specified in the public notice.
165165 26 (e) A governing body may not conduct an executive session during
166166 27 a meeting, except as otherwise permitted by applicable statute. A
167167 28 meeting may not be recessed and reconvened with the intent of
168168 29 circumventing this subsection.
169169 30 SECTION 2. IC 20-28-6-2, AS AMENDED BY P.L.200-2023,
170170 31 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
171171 32 JULY 1, 2024]: Sec. 2. (a) Except as provided under section 7.3 of this
172172 33 chapter, a contract entered into by a teacher and a school corporation
173173 34 must:
174174 35 (1) be in writing;
175175 36 (2) be signed by both parties; and
176176 37 (3) contain the:
177177 38 (A) beginning date of the school term as determined annually
178178 39 by the school corporation;
179179 40 (B) number of days in the school term as determined annually
180180 41 by the school corporation;
181181 42 (C) total salary to be paid to the teacher during the school year;
182182 2024 IN 62—LS 6334/DI 110 5
183183 1 (D) number of salary payments to be made to the teacher
184184 2 during the school year; and
185185 3 (E) number of hours per day the teacher is expected to work as
186186 4 discussed pursuant to IC 20-29-6-7.
187187 5 (b) The contract may provide for the annual determination of the
188188 6 teacher's annual compensation based on a local compensation plan
189189 7 specifying a salary range, which is part of the contract. The
190190 8 compensation plan may be changed by the school corporation before
191191 9 the later of May 1 of a year, with the changes effective the next school
192192 10 year, or the date specified in a collective bargaining agreement
193193 11 applicable to the next school year. A teacher affected by the changes
194194 12 shall be furnished with printed copies of the changed compensation
195195 13 plan not later than thirty (30) days after the adoption of the
196196 14 compensation plan.
197197 15 (c) A contract under this section is also governed by the following
198198 16 statutes:
199199 17 (1) IC 20-28-9-5 through IC 20-28-9-6.
200200 18 (2) IC 20-28-9-9 through IC 20-28-9-11.
201201 19 (3) IC 20-28-9-13.
202202 20 (4) IC 20-28-9-14.
203203 21 (d) A governing body shall provide the blank contract forms,
204204 22 carefully worded by the secretary of education, and have them signed.
205205 23 The contracts are public records open to inspection by the residents of
206206 24 each school corporation.
207207 25 (e) An action may be brought on a contract that conforms with
208208 26 subsections (a)(1), (a)(2), and (d).
209209 27 SECTION 3. IC 20-29-2-7.1 IS ADDED TO THE INDIANA CODE
210210 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
211211 29 1, 2024]: Sec. 7.1. "Discuss" means the performance of the mutual
212212 30 obligation of the school corporation through its superintendent and
213213 31 the exclusive representative to meet at reasonable times to:
214214 32 (1) discuss;
215215 33 (2) provide meaningful input; or
216216 34 (3) exchange points of view;
217217 35 with respect to items enumerated in IC 20-29-6-7.
218218 36 SECTION 4. IC 20-29-6-1, AS AMENDED BY P.L.200-2023,
219219 37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
220220 38 JULY 1, 2024]: Sec. 1. (a) School employers and school employees
221221 39 shall:
222222 40 (1) have the obligation and the right to bargain collectively the
223223 41 items set forth in section 4 of this chapter; and
224224 42 (2) have the right and obligation to discuss any item set forth
225225 2024 IN 62—LS 6334/DI 110 6
226226 1 in section 7 of this chapter; and
227227 2 (2) (3) enter into a contract embodying any of the matters listed
228228 3 in section 4 of this chapter on which they have bargained
229229 4 collectively.
230230 5 (b) Notwithstanding any other law, before a school employer and
231231 6 school employees may privately negotiate the matters described in
232232 7 subsection (a)(1) during the time period for formal collective
233233 8 bargaining established in section 12 of this chapter, the parties must
234234 9 hold at least one (1) public hearing and take public testimony to discuss
235235 10 the items described in subsection (a). A school employer may allow
236236 11 governing body members or the public to participate in a public
237237 12 hearing under this subsection by means of electronic communication.
238238 13 SECTION 5. IC 20-29-6-7, AS AMENDED BY P.L.200-2023,
239239 14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
240240 15 JULY 1, 2024]: Sec. 7. (a) A school employer may shall discuss
241241 16 (1) with a certificated employee or group of certificated
242242 17 employees; or
243243 18 (2) at one (1) or more meetings that are open to all certificated
244244 19 employees;
245245 20 any topic that significantly impacts a certificated employee's working
246246 21 conditions or impacts the educational quality of the school employer's
247247 22 students.
248248 23 (b) A discussion or meeting under subsection (a) is not subject to
249249 24 the open door law (IC 5-14-1.5). with the exclusive representative of
250250 25 certificated employees the following items:
251251 26 (1) Pupil/teacher ratio.
252252 27 (2) Class size.
253253 28 (3) Hours and preparation time.
254254 29 (4) Selection of curricular materials.
255255 30 (5) Student supports.
256256 31 (6) Instructional methods.
257257 32 SECTION 6. IC 20-29-6-7.5 IS ADDED TO THE INDIANA CODE
258258 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
259259 34 1, 2024]: Sec. 7.5. (a) The obligation to discuss does not require
260260 35 either party to enter into a contract, agree to a proposal, or make
261261 36 a concession related to the items listed in section 7 of this chapter.
262262 37 (b) A failure to reach an agreement on a matter of discussion
263263 38 does not allow the use of any part of the impasse procedure under
264264 39 IC 20-29-8.
265265 40 SECTION 7. IC 20-29-6-9, AS AMENDED BY P.L.200-2023,
266266 41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267267 42 JULY 1, 2024]: Sec. 9. The obligation to bargain collectively or
268268 2024 IN 62—LS 6334/DI 110 7
269269 1 discuss a matter does not prevent:
270270 2 (1) a school employee from petitioning the school employer,
271271 3 governing body, or superintendent for a redress of the employee's
272272 4 grievances, either individually or through the exclusive
273273 5 representative; or
274274 6 (2) the school employer or superintendent from conferring with
275275 7 a citizen, taxpayer, student, school employee, or other person
276276 8 considering the operation of the schools and the school
277277 9 corporation.
278278 10 SECTION 8. IC 20-29-7-1, AS AMENDED BY P.L.200-2023,
279279 11 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
280280 12 JULY 1, 2024]: Sec. 1. (a) It is an unfair practice for a school employer
281281 13 to do any of the following:
282282 14 (1) Interfere with, restrain, or coerce school employees in the
283283 15 exercise of the rights guaranteed in IC 20-29-4.
284284 16 (2) Dominate, interfere, or assist in the formation or
285285 17 administration of any school employee organization or contribute
286286 18 financial or other support to the organization. Subject to rules
287287 19 adopted by the governing body, a school employer may permit
288288 20 school employees to confer with the school employer or with any
289289 21 school employee organization during working hours without loss
290290 22 of time or pay.
291291 23 (3) Encourage or discourage membership in any school employee
292292 24 organization through discrimination in regard to:
293293 25 (A) hiring;
294294 26 (B) tenure of employment; or
295295 27 (C) any term or condition of employment.
296296 28 (4) Discharge or otherwise discriminate against a school
297297 29 employee because the employee has filed a complaint, affidavit,
298298 30 petition, or any information or testimony under this article.
299299 31 (5) Refuse to:
300300 32 (A) bargain collectively; or
301301 33 (B) discuss;
302302 34 with an exclusive representative as required by this article.
303303 35 (6) Fail or refuse to comply with any provision of this article.
304304 36 (b) If:
305305 37 (1) a complaint is filed that alleges an unfair practice has occurred
306306 38 with respect to a subject that may be discussed under this article;
307307 39 and
308308 40 (2) the complaint is found to be frivolous;
309309 41 the party that filed that complaint is liable for costs and attorney's fees.
310310 2024 IN 62—LS 6334/DI 110