Ind. Code ch. 20-29-6

in effect

Ind. Code § 20-29-6-1 Duty to bargain collectively; public hearing

Sec. 1. (a) School employers and school employees shall: (1) have the obligation and the right to bargain collectively the items set forth in section 4 of this chapter; and (2) enter into a contract embodying any of the matters listed in section 4 of this chapter on which they have bargained collectively. (b) Notwithstanding any other law, before a school employer and school employees may privately negotiate the matters described in subsection (a)(1) during the time period for formal collective bargaining established in section 12 of this chapter, the parties must hold at least one (1) public hearing and take public testimony to discuss the items described in subsection (a). The public hearing under this subsection may take place at a regular or special meeting of the governing body. A school employer may allow governing body members or the public to participate in a public hearing under this subsection by means of electronic communication. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-3.] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.11; P.L.274-2019, SEC.1; P.L.216-2021, SEC.23; P.L.200-2023, SEC.25; P.L.114-2024, SEC.2.

Ind. Code § 20-29-6-2 Contracts

Sec. 2. (a) Any contract may not include provisions that conflict with: (1) any right or benefit established by federal or state law; (2) school employee rights set forth in IC 20-29-4-1 and IC 20-29-4-2; (3) school employer rights set forth in IC 20-29-4-3; (4) restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards; (5) a school employer's ability to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity; or (6) section 4.5(a) of this chapter. (b) A subject that is set forth in section 4.5(a) of this chapter may not be included in any contract after June 30, 2011. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-3.] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.12.

Ind. Code § 20-29-6-3 Unlawful deficit financing

Sec. 3. (a) It is unlawful for a school employer to enter into any agreement that would place the employer in a position of deficit financing due to a reduction in the employer's actual general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue or an increase in the employer's expenditures when the expenditures exceed the employer's current year actual general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue. Except as provided in subsection (c), revenue does not include money estimated to be or actually transferred from the school corporation's operations fund to its education fund. Revenue does not include money allocated for supplemental payments in a resolution passed under subsection (d). (b) A contract that provides for deficit financing is void to that extent, and an individual teacher's contract executed under the contract is void to that extent. (c) Notwithstanding subsection (a), before September 15 of any year, a governing body may pass a one (1) year resolution indicating that a portion or percentage of money transferred from the operations fund to the education fund may be considered education fund revenue for purposes of funding a contract under this chapter and to determine whether an agreement would place the employer in a position of deficit financing. The resolution shall expire within one (1) year of the resolution's adoption by the governing body. (d) Before September 15 of any year, a governing body may pass a one (1) or two (2) year resolution indicating that a portion or percentage of education fund revenue allocated for supplemental fund payments under IC 20-28-9-1.5(a) is not considered education fund revenue for the purposes of subsection (a). The resolution shall not extend beyond the end of the corresponding state budget biennium. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-3.] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.13; P.L.244-2017, SEC.56; P.L.254-2019, SEC.2; P.L.75-2025, SEC.3.

Ind. Code § 20-29-6-4 Subjects of bargaining

Sec. 4. (a) A school employer shall bargain collectively with the exclusive representative on the following: (1) Salary. (2) Wages. (3) Salary and wage related fringe benefits, including accident, sickness, health, dental, vision, life, disability, retirement benefits, and paid time off as permitted to be bargained under IC 20-28-9-11. (b) Salary and wages include the amounts of pay increases available to employees under the compensation plan adopted under IC 20-28-9-1.5, but do not include the teacher evaluation procedures and criteria, any components of the teacher evaluation plan, rubric, or tool, or any performance stipend or addition to base salary based on a stipend to an individual teacher under IC 20-43-16. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-4.] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.14; P.L.286-2013, SEC.91; P.L.213-2015, SEC.186; P.L.217-2017, SEC.101; P.L.213-2025, SEC.173.

Ind. Code § 20-29-6-4.5 Prohibited subjects of collective bargaining

Sec. 4.5. (a) For a contract entered into after June 30, 2011, a school employer may not bargain collectively with the exclusive representative on the following: (1) The school calendar. (2) Teacher dismissal procedures and criteria. (3) Restructuring options available to a school employer under federal or state statutes, regulations, or rules because of the failure of the school corporation or a school to meet federal or state accountability standards. (4) The ability of a school employer to contract, partner, or operate jointly with an educational entity that provides postsecondary credits to students of the school employer or dual credits from the school employer and the educational entity. (5) Contract costs for curricular materials (as defined in IC 20-18-2-2.7). (6) Teacher evaluation procedures and criteria. (7) Any subject not expressly listed in section 4 of this chapter. (b) For a contract entered into after January 1, 2015, for a school year beginning after June 30, 2015, a school employer may not bargain collectively with the exclusive representative for the following: (1) A matter described in subsection (a). (2) A matter that another statute specifies is not subject to collective bargaining, including IC 20-28-9-1.5 and IC 20-43-16. (c) A subject set forth in subsection (a) or (b) that may not be bargained collectively may not be included in an agreement entered into under this article. As added by P.L.48-2011, SEC.15. Amended by P.L.213-2015, SEC.187; P.L.217-2017, SEC.102; P.L.213-2025, SEC.174; P.L.74-2026, SEC.108.

Ind. Code § 20-29-6-4.7 Duration of contract

Sec. 4.7. A contract entered into between a school employer and an exclusive representative may not extend past the end of a state budget biennium. As added by P.L.48-2011, SEC.16. Amended by P.L.74-2026, SEC.109.

Ind. Code § 20-29-6-5 Grievance procedure

Sec. 5. A contract entered into under this chapter may contain a grievance procedure. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-4.] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.17.

Ind. Code § 20-29-6-6 Limitations on obligation to bargain collectively; agreement provision; attestation regarding public hearing

Sec. 6. (a) The obligation to bargain collectively does not include the final approval of a contract concerning any items. Agreements reached through collective bargaining are binding as a contract only if ratified by the governing body of the school corporation and the exclusive representative. The obligation to bargain collectively does not require the school employer or the exclusive representative to agree to a proposal of the other or to make a concession to the other. (b) This subsection applies to a collective bargaining agreement ratified after June 30, 2021. A ratified collective bargaining agreement shall include a provision specifying the date on which the public hearing described in section 1(b) of this chapter and the public meeting described in section 19 of this chapter occurred as well as an attestation signed by both parties attesting that the public hearing described in section 1(b) of this chapter and the public meeting described in section 19 of this chapter occurred on the dates specified in the ratified collective bargaining agreement. The governing body shall indicate as part of the attestation whether governing body members or members of the public were allowed to participate in the public hearing or public meeting by means of electronic communication. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(n) part.] As added by P.L.1-2005, SEC.13. Amended by P.L.216-2021, SEC.24.

Ind. Code § 20-29-6-6.1 Review of collective bargaining agreement

Sec. 6.1. (a) After ratification of a contract under section 6 of this chapter, a school employer shall submit the ratified collective bargaining agreement, including the compensation model developed under IC 20-28-9-1.5, to the board. (b) The board shall appoint a staff member or an ad hoc panel member to review each submitted collective bargaining agreement and to make a written recommendation concerning the collective bargaining agreement's compliance with this chapter, including a penalty for any noncompliance. The review must be completed before May 31 of the year in which the current collective bargaining agreement expires. (c) Not later than fifteen (15) days after a recommendation has been made under subsection (b), one (1) or both parties to a collective bargaining agreement may appeal to the board, in writing, the decision made in the recommendation. If the board does not receive an appeal not later than fifteen (15) days after issuing a recommendation, the recommendation becomes the final order of the board. (d) If the board receives a timely appeal, the board may make a decision on the recommendation with or without oral argument. The board may request that the parties submit briefs. The board must issue a ruling on the appeal not later than thirty (30) days after the last of the following occurs: (1) The appeal is received. (2) Briefs are received. (3) Oral arguments are held. (e) IC 4-21.5 does not apply to a review under subsection (b) or (d). (f) If, following the review of a collective bargaining agreement, the board finds the collective bargaining agreement does not comply with this chapter, the board shall issue an order that may include one (1) or more of the following items: (1) Ordering the parties to cease and desist from all identified areas of noncompliance. (2) Preventing the parties from ratifying any subsequent collective bargaining agreements until the parties receive written approval from the board or the board's agent. (3) Requiring other action as deemed appropriate by the board as authorized by state law. (g) The board may send the board's compliance findings to other state agencies as necessary. (h) After a school employer has submitted a collective bargaining agreement under subsection (a), the school employer and an exclusive representative may not enter into a new collective bargaining agreement containing the noncompliant provision until the school employer has received either: (1) the board's order regarding the compliance of the submitted collective bargaining agreement with this chapter; or (2) other written approval from the board or an agent of the board. (i) If any provision of the collective bargaining agreement is found not to be compliant with this chapter, the provision that is found to be noncompliant with this chapter shall not affect other provisions of the collective bargaining agreement that can be given effect without the noncompliant provision, and to this end the provisions of collective bargaining agreement are severable. (j) The board shall adopt rules under IC 4-22 as necessary to implement this section. (k) This subsection applies only to a school corporation that has a compensation plan developed under IC 20-28-9-1.5 but does not have a ratified collective bargaining agreement. A school corporation shall, not later than October 1 of the year in which the compensation plan becomes effective, submit the school corporation's compensation plan to the board. (l) If a school corporation fails to timely file a compensation plan as required under subsection (k), the school corporation's compensation plan is considered not in compliance with IC 20-28-9-1.5 and this section unless a compliance officer of the board finds good cause shown for the delay. As added by P.L.213-2015, SEC.188. Amended by P.L.214-2017, SEC.1; P.L.228-2017, SEC.4; P.L.93-2024, SEC.143.

Ind. Code § 20-29-6-7 Discussion or meeting; not subject to open door law

Sec. 7. (a) A school employer may discuss: (1) with a certificated employee or group of certificated employees; or (2) at one (1) or more meetings that are open to all certificated employees; any topic that significantly impacts a certificated employee's working conditions or impacts the educational quality of the school employer's students. (b) A discussion or meeting under subsection (a) is not subject to the open door law (IC 5-14-1.5). [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-5.] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.18; P.L.286-2013, SEC.92; P.L.213-2015, SEC.189; P.L.106-2016, SEC.11; P.L.217-2017, SEC.103; P.L.73-2019, SEC.7; P.L.168-2022, SEC.17; P.L.200-2023, SEC.26.

Ind. Code § 20-29-6-8 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(o).] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.19. Repealed by P.L.200-2023, SEC.27.

Ind. Code § 20-29-6-9 Discussions outside obligation to bargain collectively

Sec. 9. The obligation to bargain collectively a matter does not prevent: (1) a school employee from petitioning the school employer, governing body, or superintendent for a redress of the employee's grievances, either individually or through the exclusive representative; or (2) the school employer or superintendent from conferring with a citizen, taxpayer, student, school employee, or other person considering the operation of the schools and the school corporation. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-2(o).] As added by P.L.1-2005, SEC.13. Amended by P.L.200-2023, SEC.28.

Ind. Code § 20-29-6-10 Recommendations by superintendent

Sec. 10. Nothing shall prevent a superintendent or the superintendent's designee from making recommendations to the school employer. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-5(b).] As added by P.L.1-2005, SEC.13.

Ind. Code § 20-29-6-11 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-5(c).] As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39; P.L.90-2011, SEC.50.

Ind. Code § 20-29-6-12 Commencement of collective bargaining

Sec. 12. Formal collective bargaining between a school corporation and the exclusive representative shall not begin before: (1) September 15 in the first year of the state budget biennium; or (2) September 15 in the second year of the state budget biennium if the parties agreed to a one (1) year contract during the first year of the state budget biennium or the contract provides for renegotiating certain financial items the second year of a two (2) year contract. Informal negotiations may be held before September 15. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(a).] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.20; P.L.229-2011, SEC.178; P.L.214-2017, SEC.2.

Ind. Code § 20-29-6-12.5 Certification of estimated available revenue; sources of funding

Sec. 12.5. (a) Before September 15 of the first year of the state budget biennium, the department shall provide the parties with an estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining in the school corporation from the school funding formula. (b) Within thirty (30) days after the date of the fall count of ADM of the school year in the first year of the state budget biennium, the department shall provide the parties with a certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining from the school funding formula. If the parties do not receive a certified estimate from the department within thirty (30) days after the fall count of ADM, the parties may use the school corporation's estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available based on the school corporation's fall count of ADM for purposes of collective bargaining. However, if the parties subsequently receive the certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining before an impasse is declared, the parties shall use the certified general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue from the school funding formula for purposes of collective bargaining. (c) A school employer shall exclude contract costs for curricular materials as defined in IC 20-18-2-2.7 from the revenue available for bargaining in the school corporation from the school funding formula determined under subsections (a) and (b). (d) A school employer that passes a resolution under section 3(c) of this chapter to consider a portion or percentage of money transferred from the school employer's operations fund to the education fund as education fund revenue for purposes of determining whether an agreement places a school corporation in a position of deficit financing must submit a copy of the resolution to the department of local government finance on or before November 1. The resolution shall include: (1) all transfers between the operations fund and the education fund; and (2) a statement regarding whether or not the transfer is for the purpose of funding teacher contracts. (e) The certifications or estimate described in subsection (b) must be the basis for determinations throughout impasse proceedings under this chapter. As added by P.L.48-2011, SEC.21. Amended by P.L.229-2011, SEC.179; P.L.205-2013, SEC.254; P.L.213-2015, SEC.190; P.L.214-2017, SEC.3; P.L.244-2017, SEC.57; P.L.211-2019, SEC.25; P.L.254-2019, SEC.3; P.L.272-2019, SEC.6; P.L.159-2020, SEC.62; P.L.213-2025, SEC.175.

Ind. Code § 20-29-6-13 Appointment of mediator

Sec. 13. (a) If, at any time after at least sixty (60) days following the beginning of formal bargaining collectively between the parties, an impasse is declared, the board shall appoint a mediator from the board's staff or an ad hoc panel. (b) The mediator shall begin mediation within fifteen (15) days after the board receives notice of impasse. (c) The mediation must consist of not more than three (3) mediation sessions and must result in one (1) of the following: (1) An agreement between the parties on the items permitted to be bargained under section 4 of this chapter. (2) Each party's last best offer, including fiscal rationale, related to items permitted to be bargained under section 4 of this chapter. (d) Costs for the mediator shall be borne equally by the parties. (e) Mediation shall be completed within thirty (30) days. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(b).] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.22; P.L.229-2011, SEC.180; P.L.6-2012, SEC.139.

Ind. Code § 20-29-6-14 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(c).] As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.

Ind. Code § 20-29-6-15 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(d).] As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.

Ind. Code § 20-29-6-15.1 Initiation of factfinding

Sec. 15.1. (a) If an agreement has not been reached on the items permitted to be bargained collectively under section 4 of this chapter, within fifteen (15) days after mediation under section 13 of this chapter has ended, the board shall initiate factfinding. (b) Factfinding must culminate in the factfinder imposing contract terms on the parties. The factfinder must select one (1) party's last best offer as the contract terms. The factfinder's order must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing (as defined in IC 20-29-2-6). The factfinder's order may not impose terms beyond those proposed by the parties in their last, best offers. (c) Costs for the factfinder shall be borne equally by the parties. (d) Factfinding may not last longer than thirty (30) days. As added by P.L.229-2011, SEC.181. Amended by P.L.219-2015, SEC.4.

Ind. Code § 20-29-6-16 Continuation of existing agreement; circumstances

Sec. 16. (a) If an agreement has not been reached on the items to be bargained collectively by November 1, as provided in IC 6-1.1-17-5, the parties shall continue the terms of the current contract that is in effect, and the school employer may issue tentative individual contracts and prepare its budget on that basis. During this period, in order to allow the successful resolution of the dispute, the school employer may not unilaterally change the terms or conditions of employment that are issues in dispute. (b) Upon the expiration of the current contract that is in effect, except for teacher appreciation grant stipends and additions to base salary provided under IC 20-43-16, the school employer shall continue under the terms of the current contract that is in effect, with no increase or increment in salary, wages, or benefits for any bargaining unit employee until a new contract is executed. (c) The only parts of the contract that must continue under this section are the items contained in the contract and listed in section 4 of this chapter. (d) This section may not be construed as relieving the school employer or the school employee organization from the duty to bargain collectively until a mutual agreement has been reached and a contract entered as called for in this chapter. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(e).] As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.24; P.L.229-2011, SEC.182; P.L.239-2015, SEC.9; P.L.214-2017, SEC.4; P.L.217-2017, SEC.104; P.L.213-2025, SEC.176.

Ind. Code § 20-29-6-16.5 Petition for representation

Sec. 16.5. The board shall amend 560 IAC 2-2-13(d) to provide that a petition for representation filed under 560 IAC 2-2-3(c) shall not be dismissed if the petition is filed: (1) after January 14 and before February 16 of the calendar year of the expiration of the collective bargaining agreement; or (2) during a period not to exceed thirty (30) days, as determined by the board, in the calendar year of the expiration of the collective bargaining agreement. As added by P.L.214-2017, SEC.5.

Ind. Code § 20-29-6-17 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-7.5-1-12(f).] As added by P.L.1-2005, SEC.13. Repealed by P.L.48-2011, SEC.39.

Ind. Code § 20-29-6-18 Appeal of factfinder's decision

Note: This version of section amended by P.L.239-2015, SEC.10, effective 5-7-2015. See also following version of this section amended by P.L.219-2015, SEC.5, effective 7-1-2015. Sec. 18. (a) Either party may appeal the decision of the factfinder under IC 20-29-6-15.1. The appeal must be filed not later than thirty (30) days after receiving the factfinder's decision. (b) The board's decision must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing, as defined in IC 20-29-2-6 or prohibit the employer from making any reductions described in section 3(b) of this chapter. The board's decision may not impose terms beyond those proposed by the parties in their last, best offers. (c) The board must rule on the appeal within thirty (30) days after receipt of notice of appeal. As added by P.L.48-2011, SEC.25. Amended by P.L.6-2012, SEC.140; P.L.239-2015, SEC.10.

Ind. Code § 20-29-6-18 Appeal of factfinder's decision

Note: This version of section amended by P.L.219-2015, SEC.5, effective 7-1-2015. See also preceding version of this section amended by P.L.239-2015, SEC.10, effective 5-7-2015. Sec. 18. (a) Either party may appeal the decision of the factfinder under IC 20-29-6-15.1. The appeal must be filed not later than thirty (30) days after receiving the factfinder's decision. (b) The board's decision must be restricted to only those items permitted to be bargained and included in the collective bargaining agreement under section 4 of this chapter and must not put the employer in a position of deficit financing, as defined in IC 20-29-2-6. The board's decision may not impose terms beyond those proposed by the parties in their last, best offers. (c) The board must rule on the appeal within sixty (60) days after receipt of notice of appeal. As added by P.L.48-2011, SEC.25. Amended by P.L.6-2012, SEC.140; P.L.219-2015, SEC.5.

Ind. Code § 20-29-6-19 Public meeting; participation by electronic communication; posting of information; public comment; posting of collective bargaining agreement

Sec. 19. (a) In addition to holding at least one (1) public hearing with public testimony as described in section 1(b) of this chapter, the school employer must conduct a public meeting to discuss a tentative collective bargaining agreement at least seventy-two (72) hours before it is ratified by the school employer. A school employer may allow governing body members or the public to participate in a public meeting under this section by means of electronic communication. (b) Notice of the time and the location of the public meeting and a tentative collective bargaining agreement established under this chapter must be posted on the school employer's website at least seventy-two (72) hours prior to the public meeting described in subsection (a). (c) A school employer must allow for public comment at the meeting at which a tentative collective bargaining agreement is ratified. (d) Not later than fourteen (14) business days after the parties have reached an agreement under this chapter, the school employer shall post the contract upon which the parties have agreed on the school employer's website. As added by P.L.148-2012, SEC.4. Amended by P.L.274-2019, SEC.2; P.L.216-2021, SEC.25; P.L.23-2026, SEC.192.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026