IN
Indiana Senate Bill SB0501

Indiana 2025 Regular Session

Indiana Senate Bill SB0501 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 501
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-14-1.5-6.1; IC 20-29.
77 Synopsis: Discussable items for teachers. Requires a school employer
88 to discuss certain items with the exclusive representative of certificated
99 employees. Provides that the obligation to discuss does not require
1010 either party to enter into a contract, agree to a proposal, or make a
1111 concession related to the discussable items. Makes it an unfair practice
1212 for a school employer to refuse to discuss certain items with an
1313 exclusive representative. Removes language that excludes a discussion
1414 or meeting to discuss items between a school employer and an
1515 exclusive representative from the provision that establishes instances
1616 in which executive sessions may be held.
1717 Effective: July 1, 2025.
1818 Ford J.D.
1919 January 14, 2025, read first time and referred to Committee on Education and Career
2020 Development.
2121 2025 IN 501—LS 6715/DI 143 Introduced
2222 First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
3232 SENATE BILL No. 501
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, 2025]: 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 2025 IN 501—LS 6715/DI 143 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 2025 IN 501—LS 6715/DI 143 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 2025 IN 501—LS 6715/DI 143 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 20-29-2-7.1 IS ADDED TO THE INDIANA CODE
170170 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
171171 32 1, 2025]: Sec. 7.1. "Discuss" means the performance of the mutual
172172 33 obligation of the school corporation through its superintendent and
173173 34 the exclusive representative to meet at reasonable times to:
174174 35 (1) discuss;
175175 36 (2) provide meaningful input; or
176176 37 (3) exchange points of view;
177177 38 with respect to the items in IC 20-29-6-7.
178178 39 SECTION 3. IC 20-29-6-1, AS AMENDED BY P.L.114-2024,
179179 40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180180 41 JULY 1, 2025]: Sec. 1. (a) School employers and school employees
181181 42 shall:
182182 2025 IN 501—LS 6715/DI 143 5
183183 1 (1) have the obligation and the right to bargain collectively the
184184 2 items set forth in section 4 of this chapter; and
185185 3 (2) have the right and obligation to discuss the items set forth
186186 4 in section 7 of this chapter; and
187187 5 (2) (3) enter into a contract embodying any of the matters listed
188188 6 in section 4 of this chapter on which they have bargained
189189 7 collectively.
190190 8 (b) Notwithstanding any other law, before a school employer and
191191 9 school employees may privately negotiate the matters described in
192192 10 subsection (a)(1) during the time period for formal collective
193193 11 bargaining established in section 12 of this chapter, the parties must
194194 12 hold at least one (1) public hearing and take public testimony to discuss
195195 13 the items described in subsection (a). The public hearing under this
196196 14 subsection may take place at a regular or special meeting of the
197197 15 governing body. A school employer may allow governing body
198198 16 members or the public to participate in a public hearing under this
199199 17 subsection by means of electronic communication.
200200 18 SECTION 4. IC 20-29-6-7, AS AMENDED BY P.L.200-2023,
201201 19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
202202 20 JULY 1, 2025]: Sec. 7. (a) A school employer may shall discuss
203203 21 (1) with a certificated employee or group of certificated
204204 22 employees; or
205205 23 (2) at one (1) or more meetings that are open to all certificated
206206 24 employees;
207207 25 any topic that significantly impacts a certificated employee's working
208208 26 conditions or impacts the educational quality of the school employer's
209209 27 students.
210210 28 (b) A discussion or meeting under subsection (a) is not subject to
211211 29 the open door law (IC 5-14-1.5). with the exclusive representative of
212212 30 certificated employees matters involving safety issues for students
213213 31 and employees in the workplace, except those items required to be
214214 32 kept confidential by state or federal law.
215215 33 SECTION 5. IC 20-29-6-7.5 IS ADDED TO THE INDIANA CODE
216216 34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
217217 35 1, 2025]: Sec. 7.5. (a) The obligation to discuss does not require
218218 36 either party to enter into a contract, agree to a proposal, or make
219219 37 a concession related to the items in section 7 of this chapter.
220220 38 (b) A failure to reach an agreement on a matter of discussion
221221 39 does not allow the use of any part of the impasse procedure under
222222 40 IC 20-29-8.
223223 41 SECTION 6. IC 20-29-6-9, AS AMENDED BY P.L.200-2023,
224224 42 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225225 2025 IN 501—LS 6715/DI 143 6
226226 1 JULY 1, 2025]: Sec. 9. The obligation to bargain collectively or
227227 2 discuss a matter does not prevent:
228228 3 (1) a school employee from petitioning the school employer,
229229 4 governing body, or superintendent for a redress of the employee's
230230 5 grievances, either individually or through the exclusive
231231 6 representative; or
232232 7 (2) the school employer or superintendent from conferring with
233233 8 a citizen, taxpayer, student, school employee, or other person
234234 9 considering the operation of the schools and the school
235235 10 corporation.
236236 11 SECTION 7. IC 20-29-7-1, AS AMENDED BY P.L.200-2023,
237237 12 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
238238 13 JULY 1, 2025]: Sec. 1. (a) It is an unfair practice for a school employer
239239 14 to do any of the following:
240240 15 (1) Interfere with, restrain, or coerce school employees in the
241241 16 exercise of the rights guaranteed in IC 20-29-4.
242242 17 (2) Dominate, interfere, or assist in the formation or
243243 18 administration of any school employee organization or contribute
244244 19 financial or other support to the organization. Subject to rules
245245 20 adopted by the governing body, a school employer may permit
246246 21 school employees to confer with the school employer or with any
247247 22 school employee organization during working hours without loss
248248 23 of time or pay.
249249 24 (3) Encourage or discourage membership in any school employee
250250 25 organization through discrimination in regard to:
251251 26 (A) hiring;
252252 27 (B) tenure of employment; or
253253 28 (C) any term or condition of employment.
254254 29 (4) Discharge or otherwise discriminate against a school
255255 30 employee because the employee has filed a complaint, affidavit,
256256 31 petition, or any information or testimony under this article.
257257 32 (5) Refuse to:
258258 33 (A) bargain collectively; or
259259 34 (B) discuss;
260260 35 with an exclusive representative as required by this article.
261261 36 (6) Fail or refuse to comply with any provision of this article.
262262 37 (b) If:
263263 38 (1) a complaint is filed that alleges an unfair practice has occurred
264264 39 with respect to a subject that may be discussed under this article;
265265 40 and
266266 41 (2) the complaint is found to be frivolous;
267267 42 the party that filed that complaint is liable for costs and attorney's fees.
268268 2025 IN 501—LS 6715/DI 143