Introduced Version
SENATE BILL No. 62
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-1.5-6.1; IC 20-28-6-2; IC 20-29.
Synopsis: Discussions with exclusive representative. Requires a
school employer to discuss certain items with the exclusive
representative of certificated employees. Provides that the obligation
to discuss does not require either party to enter into a contract, agree to
a proposal, or make a concession related to the discussable items.
Makes it an unfair practice for a school employer to refuse to discuss
the items with an exclusive representative. Removes language that
excludes a discussion or meeting to discuss items between a school
employer and an exclusive representative from the provision that
establishes instances in which executive sessions may be held.
Effective: July 1, 2024.
Ford J.D.
January 8, 2024, read first time and referred to Committee on Education and Career
Development.
2024 IN 62—LS 6334/DI 110 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 62
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.200-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 6.1. (a) As used in this section, "public official"
4 means a person:
5 (1) who is a member of a governing body of a public agency; or
6 (2) whose tenure and compensation are fixed by law and who
7 executes an oath.
8 (b) Executive sessions may be held only in the following instances:
9 (1) Where authorized by federal or state statute.
10 (2) For discussion of strategy with respect to any of the following:
11 (A) Collective bargaining. which does not include a discussion
12 or meeting under IC 20-29-6-7.
13 (B) Initiation of litigation or litigation that is either pending or
14 has been threatened specifically in writing. As used in this
15 clause, "litigation" includes any judicial action or
16 administrative law proceeding under federal or state law.
17 (C) The implementation of security systems.
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1 (D) A real property transaction including:
2 (i) a purchase;
3 (ii) a lease as lessor;
4 (iii) a lease as lessee;
5 (iv) a transfer;
6 (v) an exchange; or
7 (vi) a sale;
8 by the governing body up to the time a contract or option is
9 executed by the parties. This clause does not affect a political
10 subdivision's duty to comply with any other statute that
11 governs the conduct of the real property transaction, including
12 IC 36-1-10 or IC 36-1-11.
13 (E) School consolidation.
14 However, all such strategy discussions must be necessary for
15 competitive or bargaining reasons and may not include
16 competitive or bargaining adversaries.
17 (3) For discussion of the assessment, design, and implementation
18 of school safety and security measures, plans, and systems.
19 (4) Interviews and negotiations with industrial or commercial
20 prospects or agents of industrial or commercial prospects by:
21 (A) the Indiana economic development corporation;
22 (B) the office of tourism development (before July 1, 2020) or
23 the Indiana destination development corporation (after June
24 30, 2020);
25 (C) the Indiana finance authority;
26 (D) the ports of Indiana;
27 (E) an economic development commission;
28 (F) the Indiana state department of agriculture;
29 (G) the Indiana White River state park development
30 commission;
31 (H) a local economic development organization that is a
32 nonprofit corporation established under state law whose
33 primary purpose is the promotion of industrial or business
34 development in Indiana, the retention or expansion of Indiana
35 businesses, or the development of entrepreneurial activities in
36 Indiana; or
37 (I) a governing body of a political subdivision.
38 However, this subdivision does not apply to any discussions
39 regarding research that is prohibited under IC 16-34.5-1-2 or
40 under any other law.
41 (5) To receive information about and interview prospective
42 employees.
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1 (6) With respect to any individual over whom the governing body
2 has jurisdiction:
3 (A) to receive information concerning the individual's alleged
4 misconduct; and
5 (B) to discuss, before a determination, the individual's status
6 as an employee, a student, or an independent contractor who
7 is:
8 (i) a physician; or
9 (ii) a school bus driver.
10 (7) For discussion of records classified as confidential by state or
11 federal statute.
12 (8) To discuss before a placement decision an individual student's
13 abilities, past performance, behavior, and needs.
14 (9) To discuss a job performance evaluation of individual
15 employees. This subdivision does not apply to a discussion of the
16 salary, compensation, or benefits of employees during a budget
17 process.
18 (10) When considering the appointment of a public official, to do
19 the following:
20 (A) Develop a list of prospective appointees.
21 (B) Consider applications.
22 (C) Make one (1) initial exclusion of prospective appointees
23 from further consideration.
24 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
25 release and shall make available for inspection and copying in
26 accordance with IC 5-14-3-3 identifying information concerning
27 prospective appointees not initially excluded from further
28 consideration. An initial exclusion of prospective appointees from
29 further consideration may not reduce the number of prospective
30 appointees to fewer than three (3) unless there are fewer than
31 three (3) prospective appointees. Interviews of prospective
32 appointees must be conducted at a meeting that is open to the
33 public.
34 (11) To train school board members with an outside consultant
35 about the performance of the role of the members as public
36 officials.
37 (12) To prepare or score examinations used in issuing licenses,
38 certificates, permits, or registrations under IC 25.
39 (13) To discuss information and intelligence intended to prevent,
40 mitigate, or respond to the threat of terrorism.
41 (14) To train members of a board of aviation commissioners
42 appointed under IC 8-22-2 or members of an airport authority
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1 board appointed under IC 8-22-3 with an outside consultant about
2 the performance of the role of the members as public officials. A
3 board may hold not more than one (1) executive session per
4 calendar year under this subdivision.
5 (15) For discussion by the governing body of a state educational
6 institution of:
7 (A) the assessment of; or
8 (B) negotiation with another entity concerning;
9 the establishment of a collaborative relationship or venture to
10 advance the research, engagement, or education mission of the
11 state educational institution. However, this subdivision does not
12 apply to any discussions regarding research that is prohibited
13 under IC 16-34.5-1-2 or under any other law.
14 (c) A final action must be taken at a meeting open to the public.
15 (d) Public notice of executive sessions must state the subject matter
16 by specific reference to the enumerated instance or instances for which
17 executive sessions may be held under subsection (b). The requirements
18 stated in section 4 of this chapter for memoranda and minutes being
19 made available to the public is modified as to executive sessions in that
20 the memoranda and minutes must identify the subject matter
21 considered by specific reference to the enumerated instance or
22 instances for which public notice was given. The governing body shall
23 certify by a statement in the memoranda and minutes of the governing
24 body that no subject matter was discussed in the executive session
25 other than the subject matter specified in the public notice.
26 (e) A governing body may not conduct an executive session during
27 a meeting, except as otherwise permitted by applicable statute. A
28 meeting may not be recessed and reconvened with the intent of
29 circumventing this subsection.
30 SECTION 2. IC 20-28-6-2, AS AMENDED BY P.L.200-2023,
31 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 2. (a) Except as provided under section 7.3 of this
33 chapter, a contract entered into by a teacher and a school corporation
34 must:
35 (1) be in writing;
36 (2) be signed by both parties; and
37 (3) contain the:
38 (A) beginning date of the school term as determined annually
39 by the school corporation;
40 (B) number of days in the school term as determined annually
41 by the school corporation;
42 (C) total salary to be paid to the teacher during the school year;
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1 (D) number of salary payments to be made to the teacher
2 during the school year; and
3 (E) number of hours per day the teacher is expected to work as
4 discussed pursuant to IC 20-29-6-7.
5 (b) The contract may provide for the annual determination of the
6 teacher's annual compensation based on a local compensation plan
7 specifying a salary range, which is part of the contract. The
8 compensation plan may be changed by the school corporation before
9 the later of May 1 of a year, with the changes effective the next school
10 year, or the date specified in a collective bargaining agreement
11 applicable to the next school year. A teacher affected by the changes
12 shall be furnished with printed copies of the changed compensation
13 plan not later than thirty (30) days after the adoption of the
14 compensation plan.
15 (c) A contract under this section is also governed by the following
16 statutes:
17 (1) IC 20-28-9-5 through IC 20-28-9-6.
18 (2) IC 20-28-9-9 through IC 20-28-9-11.
19 (3) IC 20-28-9-13.
20 (4) IC 20-28-9-14.
21 (d) A governing body shall provide the blank contract forms,
22 carefully worded by the secretary of education, and have them signed.
23 The contracts are public records open to inspection by the residents of
24 each school corporation.
25 (e) An action may be brought on a contract that conforms with
26 subsections (a)(1), (a)(2), and (d).
27 SECTION 3. IC 20-29-2-7.1 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2024]: Sec. 7.1. "Discuss" means the performance of the mutual
30 obligation of the school corporation through its superintendent and
31 the exclusive representative to meet at reasonable times to:
32 (1) discuss;
33 (2) provide meaningful input; or
34 (3) exchange points of view;
35 with respect to items enumerated in IC 20-29-6-7.
36 SECTION 4. IC 20-29-6-1, AS AMENDED BY P.L.200-2023,
37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 1. (a) School employers and school employees
39 shall:
40 (1) have the obligation and the right to bargain collectively the
41 items set forth in section 4 of this chapter; and
42 (2) have the right and obligation to discuss any item set forth
2024 IN 62—LS 6334/DI 110 6
1 in section 7 of this chapter; and
2 (2) (3) enter into a contract embodying any of the matters listed
3 in section 4 of this chapter on which they have bargained
4 collectively.
5 (b) Notwithstanding any other law, before a school employer and
6 school employees may privately negotiate the matters described in
7 subsection (a)(1) during the time period for formal collective
8 bargaining established in section 12 of this chapter, the parties must
9 hold at least one (1) public hearing and take public testimony to discuss
10 the items described in subsection (a). A school employer may allow
11 governing body members or the public to participate in a public
12 hearing under this subsection by means of electronic communication.
13 SECTION 5. IC 20-29-6-7, AS AMENDED BY P.L.200-2023,
14 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 7. (a) A school employer may shall discuss
16 (1) with a certificated employee or group of certificated
17 employees; or
18 (2) at one (1) or more meetings that are open to all certificated
19 employees;
20 any topic that significantly impacts a certificated employee's working
21 conditions or impacts the educational quality of the school employer's
22 students.
23 (b) A discussion or meeting under subsection (a) is not subject to
24 the open door law (IC 5-14-1.5). with the exclusive representative of
25 certificated employees the following items:
26 (1) Pupil/teacher ratio.
27 (2) Class size.
28 (3) Hours and preparation time.
29 (4) Selection of curricular materials.
30 (5) Student supports.
31 (6) Instructional methods.
32 SECTION 6. IC 20-29-6-7.5 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 7.5. (a) The obligation to discuss does not require
35 either party to enter into a contract, agree to a proposal, or make
36 a concession related to the items listed in section 7 of this chapter.
37 (b) A failure to reach an agreement on a matter of discussion
38 does not allow the use of any part of the impasse procedure under
39 IC 20-29-8.
40 SECTION 7. IC 20-29-6-9, AS AMENDED BY P.L.200-2023,
41 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 9. The obligation to bargain collectively or
2024 IN 62—LS 6334/DI 110 7
1 discuss a matter does not prevent:
2 (1) a school employee from petitioning the school employer,
3 governing body, or superintendent for a redress of the employee's
4 grievances, either individually or through the exclusive
5 representative; or
6 (2) the school employer or superintendent from conferring with
7 a citizen, taxpayer, student, school employee, or other person
8 considering the operation of the schools and the school
9 corporation.
10 SECTION 8. IC 20-29-7-1, AS AMENDED BY P.L.200-2023,
11 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1. (a) It is an unfair practice for a school employer
13 to do any of the following:
14 (1) Interfere with, restrain, or coerce school employees in the
15 exercise of the rights guaranteed in IC 20-29-4.
16 (2) Dominate, interfere, or assist in the formation or
17 administration of any school employee organization or contribute
18 financial or other support to the organization. Subject to rules
19 adopted by the governing body, a school employer may permit
20 school employees to confer with the school employer or with any
21 school employee organization during working hours without loss
22 of time or pay.
23 (3) Encourage or discourage membership in any school employee
24 organization through discrimination in regard to:
25 (A) hiring;
26 (B) tenure of employment; or
27 (C) any term or condition of employment.
28 (4) Discharge or otherwise discriminate against a school
29 employee because the employee has filed a complaint, affidavit,
30 petition, or any information or testimony under this article.
31 (5) Refuse to:
32 (A) bargain collectively; or
33 (B) discuss;
34 with an exclusive representative as required by this article.
35 (6) Fail or refuse to comply with any provision of this article.
36 (b) If:
37 (1) a complaint is filed that alleges an unfair practice has occurred
38 with respect to a subject that may be discussed under this article;
39 and
40 (2) the complaint is found to be frivolous;
41 the party that filed that complaint is liable for costs and attorney's fees.
2024 IN 62—LS 6334/DI 110