CHAPTER 7. CANCELLATION OF TEACHER CONTRACTS
IC 20-28-7
Chapter 7. Cancellation of Teacher Contracts
IC 20-28-7-1
Cancellation of indefinite contract by school corporation; grounds
Sec. 1. (a) An indefinite contract with a permanent teacher may
be canceled in the manner specified in sections 3 through 5 of this
chapter only for one (1) or more of the following grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Incompetence.
(5) Justifiable decrease in the number of teaching positions.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good and just cause.
When the cause of cancellation is a ground set forth in subdivision
(1), (2), or (6), the cancellation is effective immediately. When the
cause of cancellation is a ground set forth in subdivision (3), (4), (5),
or (7), the cancellation is effective at the end of the school term
following the cancellation.
(b) An indefinite contract may not be canceled for political or
personal reasons.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-2
Cancellation of indefinite contract of semipermanent teacher by
school corporation; grounds
Sec. 2. (a) An indefinite contract with a semipermanent teacher
may be canceled in the manner specified in sections 3 through 5 of
this chapter only for one (1) or more of the following grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the school
corporation.
(8) A conviction for an offense listed in IC 20-28-5-8(c).
(b) An indefinite contract with a semipermanent teacher may not
be canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinite
contract, the principal of the school at which the teacher teaches
must provide the teacher with a written evaluation of the teacher's
performance before January 1 of each year. Upon the request of a
semipermanent teacher, delivered in writing to the principal not later
than thirty (30) days after the teacher receives the evaluation required
by this section, the principal must provide the teacher with an
additional written evaluation.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-3
Cancellation of indefinite contract by school corporation;
procedure
Sec. 3. An indefinite contract with a permanent or semipermanent
teacher may be canceled only in the following manner:
(1) The teacher must be notified in writing of the date, time, and
place for the consideration by the school corporation of the
cancellation of the contract. Notification under this subdivision
must occur not more than forty (40) days nor less than thirty
(30) days before the consideration.
(2) The teacher must be furnished, not later than five (5) days
after a written request, a written statement of the reasons for the
consideration.
(3) The teacher may file a written request for a hearing not later
than fifteen (15) days after receiving notice under subdivision
(1).
(4) If a request for a hearing is filed, the teacher must be given
a hearing before the governing body on a day not earlier than
five (5) days after the filing of the request.
(5) The teacher must be given not less than five (5) days notice
of the date, time, and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposed
cancellation of the contract; and
(B) to be heard and to present the testimony of witnesses and
other evidence bearing on the reasons for the proposed
cancellation of the contract.
(7) A contract may not be canceled before the date set for
consideration of the cancellation of the contract and until the
following have occurred:
(A) A hearing is held, if a hearing is requested by the
teacher.
(B) The superintendent of the school corporation has given
the superintendent's recommendations on the contract. On
five (5) days written notice to the superintendent by the
school corporation, the superintendent shall present a
recommendation on the contract, except if the contract is a
superintendent's contract.
(8) Pending a decision on the cancellation of a teacher's
contract, the teacher may be suspended from duty.
(9) After complying with:
(A) section 1 of this chapter, in the case of permanent
teachers; or
(B) section 2 of this chapter, in the case of semipermanent
teachers; and
with this section, the governing body of the school corporation
may cancel an indefinite contract with a teacher by a majority
vote evidenced by a signed statement in the minutes of the
board. The decision of the governing board is final.
The vote to cancel a contract under subdivision (9) must be taken by
the governing body on the date and at the time and place specified in
subdivision (1).
As added by P.L.1-2005, SEC.12.
IC 20-28-7-4
Suspension of permanent or semipermanent teacher; withholding
of salary or benefits
Sec. 4. If a permanent or semipermanent teacher is suspended
under section 3(8) of this chapter, and except as provided in
IC 20-28-9-18, the governing body may not, while the teacher is
suspended, withhold from the teacher any salary payments or other
employment related benefits that before the suspension the teacher
was entitled to receive.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-5
Hearing regarding indefinite contract of permanent or
semipermanent teacher; subpoenas
Sec. 5. (a) The governing body may appoint an agent, who:
(1) is not an employee of the school corporation; and
(2) may be a member of the governing body or an attorney
retained to administer the hearing proceedings under this
chapter;
to issue subpoenas for the attendance of witnesses for either party at
the hearing.
(b) A subpoena issued under this section must be:
(1) served by the party who seeks to compel the attendance of
a witness; and
(2) upon application to the court by the party, enforced in the
manner provided by law for the service and enforcement of
subpoenas in a civil action.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-6
Discharge and contract rights of permanent and semipermanent
teachers
Sec. 6. (a) A permanent teacher who holds an indefinite contract
under IC 20-28-6-8 may not be discharged or have the teacher's
contract canceled except as provided in sections 1, 3, 4, and 5 of this
chapter.
(b) A semipermanent teacher who holds an indefinite contract
under IC 20-28-6-10 may not be discharged or have the teacher's
contract canceled except as provided in sections 2 through 5 of this
chapter.
(c) A school corporation and the school corporation's proper
officers shall retain a permanent or semipermanent teacher until the
teacher's indefinite contract is properly terminated.
(d) If subsection (a), (b), or (c) is violated, the permanent or
semipermanent teacher may bring an action for mandate as provided
by law against the proper officers of the school corporation for an
order requiring the officers to reinstate the teacher and restore the
teacher to full rights as a permanent or semipermanent teacher.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-7
Cancellation of indefinite contract by teacher
Sec. 7. (a) A permanent or semipermanent teacher may not cancel
an indefinite contract during the school term of the contract or during
the thirty (30) days before the beginning date of the school term
unless the cancellation is mutually agreed upon. A permanent or
semipermanent teacher may cancel the teacher's indefinite contract
at any other time by giving five (5) days notice to the school
corporation.
(b) A permanent or semipermanent teacher who cancels the
teacher's indefinite contract in any manner other than as provided in
subsection (a) is guilty of unprofessional conduct, for which the state
superintendent may suspend the teacher's license for not more than
one (1) year.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-8
Contract between nonpermanent teacher and school corporation;
continuation
Sec. 8. A contract entered into by a nonpermanent teacher and a
school corporation continues in force on the same terms and for the
same wages, unless increased under IC 20-28-9-1 and IC 20-28-9-2,
for the next school term following the date of termination set in the
contract. However, the contract does not continue if any of the
following occur:
(1) The school corporation refuses continuation of the contract
under sections 9 and 10(b) of this chapter.
(2) The teacher delivers or mails 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.1-2005, SEC.12.
IC 20-28-7-9
Contract between nonpermanent teacher and school corporation;
rights before refusal of continuation of contract
Sec. 9. (a) Before a teacher is refused continuation of the contract
under section 8 of this chapter, the teacher has the following rights,
which shall be strictly construed:
(1) The principal of the school at which the teacher teaches
must provide the teacher with an annual written evaluation of
the teacher's performance before January 1 of each year. Upon
the request of a nonpermanent teacher, delivered in writing to
the principal not later than thirty (30) days after the teacher
receives the evaluation required by this section, the principal
shall provide the teacher with an additional written evaluation.
(2) On or before June 1 in an even-numbered year and the later
of June 15 or the date a budget act is enacted by the general
assembly in an odd-numbered year, the school corporation shall
notify the teacher that the governing body will consider
nonrenewal of the contract for the next school term. The
notification must be:
(A) written; and
(B) delivered in person or mailed by registered or certified
mail to the teacher at the teacher's last known address.
(b) The notice in subsection (a)(2) must include a written
statement, which:
(1) may be developed in executive session; and
(2) is not a public document;
giving the reasons for the consideration of the nonrenewal of the
teacher's contract.
(c) For reasons other than a reduction in force, the notice in
subsection (a)(2) must inform the teacher that, not later than ten (10)
days after the teacher's receipt of the notice, the teacher may request
a conference under section 10 of this chapter.
(d) If the reason for nonrenewal is reduction in force, the teacher
may request a conference as provided in section 10 of this chapter.
As added by P.L.1-2005, SEC.12. Amended by P.L.38-2007, SEC.1;
P.L.182-2009(ss), SEC.319.
IC 20-28-7-10
Contract between nonpermanent teacher and school corporation;
conference; governing body
Sec. 10. (a) A teacher who receives notice of consideration of the
nonrenewal of the teacher's contract under section 9 of this chapter
may request a conference under this section.
(b) A conference shall be held:
(1) with the governing body; or
(2) at the direction of the governing body, with the
superintendent of the school corporation or the superintendent's
designee;
not more than ten (10) days after the day the governing body receives
a teacher's request for a conference. If the first conference is not with
the governing body, the teacher may request a second conference,
which must be held with the governing body at a time mutually
agreeable to both parties and not more than twenty (20) days after the
day the governing body receives the request for a second conference,
or before the end of the school year, whichever is earlier.
(c) The governing body may, in addition to a conference under
this section, require that the superintendent of the school corporation
or the superintendent's designee and the teacher summarize in writing
the position of each party with respect to the continuation of the
contract.
(d) At a conference under this section:
(1) the governing body, the superintendent of the school
corporation, or the superintendent's designee shall provide full
and complete information supporting the reasons given for
noncontinuance; and
(2) the teacher shall provide any information demonstrating that
noncontinuance of the contract is improper.
(e) A conference under this section with the governing body shall
be in executive session unless the teacher requests a public
conference. The teacher may have a representative at any conference.
(f) The governing body shall vote on the continuation of the
teacher's contract not more than ten (10) days after a conference
under this section.
As added by P.L.1-2005, SEC.12. Amended by P.L.38-2007, SEC.2.
IC 20-28-7-11
Contract between nonpermanent teacher and school corporation;
extension of time period for request for conference
Sec. 11. The periods set out in section 10(b) 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;
(2) when the teacher requests a public conference, but a public
conference held within the periods of section 10(b) of this
chapter violates IC 5-14-1.5-5; or
(3) for other reasonable cause.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-12
Contract between nonpermanent teacher and school corporation;
grounds for termination of contract
Sec. 12. The governing body of a school corporation may decide
not to continue a teacher's contract under sections 8 through 11 of
this chapter:
(1) for any reason considered relevant to the school
corporation's interest; or
(2) because of a teacher's inability to perform the teacher's
teaching duties.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-13
Construction of chapter with collective bargaining agreements
Sec. 13. (a) This chapter may not be construed to limit the
provisions of a collective bargaining agreement negotiated under
IC 20-29.
(b) This chapter does not prohibit a school employer and an
exclusive representative from collectively bargaining contracts that
alter the requirements of sections 1 through 6 and sections 8 through
12 of this chapter and IC 20-28-9-21 through IC 20-28-9-23.
(c) This chapter may not be construed to limit the rights of a
school employer and an exclusive representative (as defined in
IC 20-29-2-9) to mutually agree to binding arbitration concerning
teacher dismissals.
(d) If the school employer and the exclusive representative
mutually agree to binding arbitration of teacher dismissals:
(1) the arbitrator shall determine whether the hearing will be
open to the public; and
(2) the written decision of the arbitrator must be:
(A) presented to the governing body in an open meeting; and
(B) made available to the public for inspection and copying.
As added by P.L.1-2005, SEC.12.
IC 20-28-7-14
Void contract; signing of more than one contract
Sec. 14. (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 governing body a release by the employers
under the previous contract; or
(2) shows proof that twenty-one (21) days written notice was
delivered by the teacher to the first employer.
(c) A governing body 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.1-2005, SEC.12.
IC 20-28-7-15
Void contract; township trustee's violation
Sec. 15. (a) A township trustee may not contract with a teacher if
the teacher's term of service under the contract begins after the
expiration of the trustee's term of office.
(b) A contract that violates subsection (a) is void as to the trustee's
township and school general fund. However, the trustee is personally
liable to the teacher for all services rendered under the contract and
all damages sustained by reason of the contract.
As added by P.L.1-2005, SEC.12. Amended by P.L.2-2006, SEC.138.