Ind. Code ch. 20-28-9

Ind. Code ch. 20-28-9
in effect

Ind. Code § 20-28-9-0.2 Application of certain amendments to prior law

Sec. 0.2. The amendments made to IC 20-6.1-5-14 (before its repeal, now codified at section 20 of this chapter) by P.L.46-1985 do not affect contracts entered into before, and in effect on, July 1, 1986. As added by P.L.220-2011, SEC.335.

Ind. Code § 20-28-9-1 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-1.] As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.165; P.L.90-2011, SEC.32; P.L.229-2011, SEC.175. Repealed by P.L.48-2011, SEC.39; P.L.286-2013, SEC.89.

Ind. Code § 20-28-9-1.5 Increases or increments in teacher salaries; supplemental payments; differentiated amounts; duties of Indiana education employment relations board

Note: This version of section amended by P.L.159-2026, SEC.11, effective 7-1-2026. See also following version of this section amended by P.L.150-2026, SEC.3, effective 7-1-2027. Sec. 1.5. (a) This subsection governs salary increases for a teacher employed by a school corporation. Compensation attributable to additional degrees or graduate credits earned before the effective date of a local compensation plan created under this chapter before July 1, 2015, shall continue for school years beginning after June 30, 2015. Compensation attributable to additional degrees for which a teacher has started course work before July 1, 2011, and completed course work before September 2, 2014, shall also continue for school years beginning after June 30, 2015. For school years beginning after June 30, 2022, a school corporation may provide a supplemental payment to a teacher in excess of the salary specified in the school corporation's compensation plan when doing so is in the best interest of students. A supplement provided under this subsection is not subject to collective bargaining and, under IC 20-29-6-3(d), a school corporation may exclude, for this purpose, a portion of the revenue available for bargaining from education fund revenues included in IC 20-29-2-6. Such a supplement is in addition to any increase permitted under subsection (b). (b) Subject to subsection (e), increases or increments in a local salary range must be based upon a combination of the following factors: (1) A combination of the following factors taken together may account for not more than fifty percent (50%) of the calculation used to determine a teacher's increase or increment: (A) The number of years of a teacher's experience. (B) The possession of either: (i) additional content area degrees beyond the requirements for employment; or (ii) additional content area degrees and credit hours beyond the requirements for employment, if required under an agreement bargained under IC 20-29. (2) The results of an evaluation conducted under IC 20-28-11.5. (3) The assignment of instructional leadership roles, including the responsibility for conducting evaluations under IC 20-28-11.5. (4) The academic needs of students in the school corporation, including employment in a high need area such as those identified under IC 20-29-3-15(b)(27). This factor may not account for less than ten percent (10%) of the calculation used to determine a teacher's increase or increment. (c) To provide greater flexibility and options, a school corporation may further differentiate the amount of salary increases or increments determined for teachers. A school corporation shall base a differentiated amount under this subsection on reasons the school corporation determines are appropriate, which may include the: (1) subject or subjects taught by a given teacher; (2) importance of retaining a given teacher at the school corporation; (3) need to attract an individual with specific qualifications to fill a teaching vacancy; and (4) offering of a new program or class. (d) A school corporation may provide differentiated increases or increments under subsection (b), and in excess of the percentage specified in subsection (b)(1), in order to: (1) reduce the gap between the school corporation's minimum teacher salary and the average of the school corporation's minimum and maximum teacher salaries; or (2) allow teachers currently employed by the school corporation to receive a salary adjusted in comparison to starting base salaries of new teachers. (e) A school corporation shall differentiate the amount of salary for teachers who possess a literacy endorsement described in IC 20-28-5-19.7. (f) The Indiana education employment relations board established in IC 20-29-3-1 shall publish a model compensation plan with a model salary range that a school corporation may adopt. (g) Each school corporation shall submit its local compensation plan to the Indiana education employment relations board. A local compensation plan must specify the range for teacher salaries. The Indiana education employment relations board shall publish the local compensation plans on the Indiana education employment relations board's website. (h) The Indiana education employment relations board shall review a compensation plan for compliance with this section as part of its review under IC 20-29-6-6.1. The Indiana education employment relations board has jurisdiction to determine compliance of a compensation plan submitted under this section. (i) This chapter may not be construed to require or allow a school corporation to decrease the salary of any teacher below the salary the teacher was earning on or before July 1, 2015, if that decrease would be made solely to conform to the new compensation plan. (j) After June 30, 2011, all rights, duties, or obligations established under IC 20-28-9-1 before its repeal are considered rights, duties, or obligations under this section. (k) An employment agreement described in IC 20-28-6-7.3 between an adjunct teacher and a school corporation is not subject to this section. As added by P.L.286-2013, SEC.90. Amended by P.L.213-2015, SEC.179; P.L.106-2016, SEC.10; P.L.216-2017, SEC.2; P.L.228-2017, SEC.3; P.L.170-2018, SEC.4; P.L.191-2018, SEC.11; P.L.215-2018(ss), SEC.9; P.L.118-2019, SEC.1; P.L.143-2019, SEC.21; P.L.211-2019, SEC.23; P.L.216-2021, SEC.22; P.L.134-2022, SEC.2; P.L.168-2022, SEC.15; P.L.178-2022(ts), SEC.13; P.L.170-2023, SEC.17; P.L.200-2023, SEC.15; P.L.243-2023, SEC.14; P.L.75-2025, SEC.1; P.L.214-2025, SEC.123; P.L.159-2026, SEC.11.

Ind. Code § 20-28-9-1.5 Increases or increments in teacher salaries; supplemental payments; differentiated amounts; duties of Indiana education employment relations board

Note: This version of section amended by P.L.150-2026, SEC.3, effective 7-1-2027. See also preceding version of this section amended by P.L.159-2026, SEC.11, effective 7-1-2026. Sec. 1.5. (a) This subsection governs salary increases for a teacher employed by a school corporation. Compensation attributable to additional degrees or graduate credits earned before the effective date of a local compensation plan created under this chapter before July 1, 2015, shall continue for school years beginning after June 30, 2015. Compensation attributable to additional degrees for which a teacher has started course work before July 1, 2011, and completed course work before September 2, 2014, shall also continue for school years beginning after June 30, 2015. For school years beginning after June 30, 2022, a school corporation may provide a supplemental payment to a teacher in excess of the salary specified in the school corporation's compensation plan when doing so is in the best interest of students. A supplement provided under this subsection is not subject to collective bargaining and, under IC 20-29-6-3(d), a school corporation may exclude, for this purpose, a portion of the revenue available for bargaining from education fund revenues included in IC 20-29-2-6. Such a supplement is in addition to any increase permitted under subsection (b). (b) Subject to subsection (e), increases or increments in a local salary range must be based upon a combination of the following factors: (1) A combination of the following factors taken together may account for not more than fifty percent (50%) of the calculation used to determine a teacher's increase or increment: (A) The number of years of a teacher's experience. (B) The possession of either: (i) additional content area degrees beyond the requirements for employment; or (ii) additional content area degrees and credit hours beyond the requirements for employment, if required under an agreement bargained under IC 20-29. (2) The results of an evaluation conducted under IC 20-28-11.5. (3) The assignment of instructional leadership roles, including the responsibility for conducting evaluations under IC 20-28-11.5. (4) The academic needs of students in the school corporation, including employment in a high need area such as those identified under IC 20-29-3-15(b)(27). This factor may not: (A) account for less than ten percent (10%) of the calculation used to determine a teacher's increase or increment; (B) apply to all eligible teachers in a bargaining unit uniformly; or (C) be based on any factor described in subdivisions (1) through (3). (c) To provide greater flexibility and options, a school corporation may further differentiate the amount of salary increases or increments determined for teachers. A school corporation shall base a differentiated amount under this subsection on reasons the school corporation determines are appropriate, which may include the: (1) subject or subjects taught by a given teacher; (2) importance of retaining a given teacher at the school corporation; (3) need to attract an individual with specific qualifications to fill a teaching vacancy; and (4) offering of a new program or class. (d) A school corporation may provide differentiated increases or increments under subsection (b), and in excess of the percentage specified in subsection (b)(1), in order to: (1) reduce the gap between the school corporation's minimum teacher salary and the average of the school corporation's minimum and maximum teacher salaries; or (2) allow teachers currently employed by the school corporation to receive a salary adjusted in comparison to starting base salaries of new teachers. (e) A school corporation shall differentiate the amount of salary increases or increments for teachers who possess a required literacy endorsement under IC 20-28-5-19.7. (f) The Indiana education employment relations board established in IC 20-29-3-1 shall publish a model compensation plan with a model salary range that a school corporation may adopt. (g) Each school corporation shall submit its local compensation plan to the Indiana education employment relations board. A local compensation plan must specify the range for teacher salaries. The Indiana education employment relations board shall publish the local compensation plans on the Indiana education employment relations board's website. (h) The Indiana education employment relations board shall review a compensation plan for compliance with this section as part of its review under IC 20-29-6-6.1. The Indiana education employment relations board has jurisdiction to determine compliance of a compensation plan submitted under this section. (i) This chapter may not be construed to require or allow a school corporation to decrease the salary of any teacher below the salary the teacher was earning on or before July 1, 2015, if that decrease would be made solely to conform to the new compensation plan. (j) After June 30, 2011, all rights, duties, or obligations established under IC 20-28-9-1 before its repeal are considered rights, duties, or obligations under this section. (k) An employment agreement described in IC 20-28-6-7.3 between an adjunct teacher and a school corporation is not subject to this section. As added by P.L.286-2013, SEC.90. Amended by P.L.213-2015, SEC.179; P.L.106-2016, SEC.10; P.L.216-2017, SEC.2; P.L.228-2017, SEC.3; P.L.170-2018, SEC.4; P.L.191-2018, SEC.11; P.L.215-2018(ss), SEC.9; P.L.118-2019, SEC.1; P.L.143-2019, SEC.21; P.L.211-2019, SEC.23; P.L.216-2021, SEC.22; P.L.134-2022, SEC.2; P.L.168-2022, SEC.15; P.L.178-2022(ts), SEC.13; P.L.170-2023, SEC.17; P.L.200-2023, SEC.15; P.L.243-2023, SEC.14; P.L.75-2025, SEC.1; P.L.214-2025, SEC.123; P.L.150-2026, SEC.3.

Ind. Code § 20-28-9-2 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-1.] As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.166. Repealed by P.L.48-2011, SEC.39; P.L.90-2011, SEC.50.

Ind. Code § 20-28-9-3 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-2(a).] As added by P.L.1-2005, SEC.12. Repealed by P.L.48-2011, SEC.39; P.L.90-2011, SEC.50.

Ind. Code § 20-28-9-4 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-2(b).] As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.167. Repealed by P.L.48-2011, SEC.39; P.L.90-2011, SEC.50.

Ind. Code § 20-28-9-5 Computation of annual salary of teacher or distribution of state funds; rounding to nearest dollar

Sec. 5. In computing the annual salary of a teacher or when distributing state funds, an amount of less than fifty cents ($0.50) is dropped while an amount of fifty cents ($0.50) or more is rounded up to the next whole dollar. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-2(c).] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-6 Substitute teachers; wages; no written contract required

Sec. 6. (a) The governing body shall fix wages for substitute teachers. (b) A substitute teacher may be engaged without a written contract. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-3.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-7 Substitute teachers; certain licenses; pay schedule

Sec. 7. (a) An individual who: (1) holds: (A) a professional license; (B) a provisional license; (C) a limited license; or (D) an equivalent license issued by the department; and (2) serves as an occasional substitute teacher; shall be compensated in conformity with the pay range for substitutes of the school corporation the individual serves. (b) An individual who: (1) holds a: (A) professional license; or (B) provisional license; and (2) serves as a substitute teacher in the same teaching position for more than fifteen (15) consecutive school days; shall be compensated in conformity with the regular pay range for teachers of the school corporation the individual serves. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-4.] As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.168; P.L.213-2015, SEC.180.

Ind. Code § 20-28-9-8 Substitute teacher with substitute license; compensation schedule

Sec. 8. An individual who holds a substitute license shall be compensated in conformity with the pay range for substitutes of the school corporation the individual serves. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-5.] As added by P.L.1-2005, SEC.12. Amended by P.L.213-2015, SEC.181.

Ind. Code § 20-28-9-9 Teacher absence from work with pay; accumulated unused days

Sec. 9. (a) Each teacher may be absent from work with pay: (1) on account of illness or quarantine for ten (10) days the first year and seven (7) days in each succeeding year (referred to as "sick days" in this chapter); and (2) for death in the teacher's immediate family for a period extending not more than five (5) days beyond the death. (b) If the teacher does not use all the teacher's sick days in a school year, the unused days accumulate up to a total of ninety (90) days. However, each teacher shall be credited with the accumulative days accrued to the teacher on January 1, 1966. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-6(a) part.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-10 Teacher with at least one accumulated sick day; employment by another school corporation

Sec. 10. (a) This section applies whenever a teacher accumulates at least one (1) sick day and then is employed in another school corporation. (b) Beginning in the teacher's second year, the teacher's employer shall add up to three (3) sick days each year to the number of sick days to which the teacher is entitled under section 9(a) of this chapter until the accumulated sick days to which the teacher was entitled in the teacher's last employment are exhausted. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-6(a) part.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-11 Teacher absence from work with pay; agreement between school employer and exclusive representative

Sec. 11. Absences that are not described in sections 9 through 10 of this chapter may be taken with pay when agreed on by the school employer and the exclusive representative under IC 20-29. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-6(b).] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-12 Adoption of regulations by school corporation governing payment or part payment of teachers; conditions

Sec. 12. A school corporation may adopt regulations governing the payment or part payment of teachers and then make payments in accordance with those regulations to teachers who are absent because of: (1) sickness; (2) attending school conventions or meetings; (3) visiting other schools; or (4) a death in the immediate family. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-6.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-13 Voluntary sick day bank

Sec. 13. A school corporation may establish a voluntary sick day bank: (1) to which a teacher may contribute unused sick days; and (2) from which a contributing teacher may draw sick days when the contributing teacher's accumulated sick days are exhausted. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-7.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-14 Teacher personal days

Sec. 14. Each teacher may have at least two (2) days each year with pay for the transaction of personal business or the conduct of personal or civic affairs. The teacher shall submit to the superintendent a written statement describing the reason and necessity for the absence. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-8.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-15 Teacher payment when school is closed

Sec. 15. If during the term of the teacher's contract: (1) the school is closed by order of the: (A) school corporation; or (B) health authorities; or (2) school cannot be conducted through no fault of the teacher; the teacher shall receive regular payments during that time. If a canceled student instructional day (as defined in IC 20-30-2-2) is rescheduled to comply with IC 20-30-2, each teacher and (notwithstanding IC 20-27-8-7) each school bus driver shall work on that rescheduled day without additional compensation. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-9(a).] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-16 School closure for Christmas holidays; no payment of teachers' salaries; length of school term

Sec. 16. A school may be closed for up to two (2) weeks for Christmas holidays without payment of teachers' salaries. Closing the school for Christmas holidays does not shorten the length of the school term. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-9(b).] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-17 Teacher payment for Saturdays

Sec. 17. The governing body of a school city may pay the salary of teachers for Saturdays in addition to the other days that school is in session. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-10.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-18 Salary deductions

Sec. 18. (a) Upon a teacher's written request, a governing body shall withhold the requested amount of money from the salary of the teacher for a purpose described in subsection (c). (b) Upon a written request from a beneficiary of the Indiana state teachers' retirement fund, a governing body may receive a given amount of money for a purpose described in subsection (c). (c) The governing body shall hold the amounts described in subsections (a) and (b) and pay the amounts, as requested by the teacher or the beneficiary, to an insurance company or other agency or organization in Indiana that provides, extends, supervises, or pays for: (1) insurance or other protection; or (2) the establishment of or payment on an annuity account; for the teacher. If a dividend accrues on a policy, the dividend shall be paid or credited to the teacher. (d) If less than twenty percent (20%) of the teachers employed by a governing body request payment of the amounts described in subsection (c) to a single recipient, withholding the amounts of money for insurance, dues, or other purposes is discretionary with the governing body. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-11.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-19 Retirement, savings, or severance pay plan

Sec. 19. (a) If a governing body of a school corporation agrees to a retirement, savings, or severance pay plan with a teacher or with an exclusive representative under IC 20-29, the benefits may be paid to: (1) the teacher who is eligible under a negotiated retirement, savings, or severance pay plan; or (2) in the case of the teacher's death: (A) the teacher's designated beneficiary; or (B) the teacher's estate, if there is no designated beneficiary. Payments may be made in a lump sum or in installments as agreed upon by the parties or to a savings plan established under IC 5-10-1.1-1(2). (b) Notwithstanding IC 6-1.1-20, the payments under this section shall be made from the education fund of the school corporation and may be made for a period exceeding one (1) year. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-12.] As added by P.L.1-2005, SEC.12. Amended by P.L.244-2017, SEC.54.

Ind. Code § 20-28-9-20 Participation in health insurance plan upon retirement

Sec. 20. A teacher who is employed by a school corporation that provides a health insurance plan for its employees may participate in the health insurance plan upon retirement under IC 5-10-8. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-14.] As added by P.L.1-2005, SEC.12.

Ind. Code § 20-28-9-21 Suspension of teacher without pay; reasons

Sec. 21. (a) This section and section 22 of this chapter apply to the suspension of a teacher without pay. (b) A teacher may be suspended from duty without pay only for the following reasons: (1) Immorality. (2) Insubordination, which means the 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) Good and just cause. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-15(a), (b).] As added by P.L.1-2005, SEC.12. Amended by P.L.90-2011, SEC.33; P.L.233-2015, SEC.216.

Ind. Code § 20-28-9-22 Suspension of teacher without pay; procedure

Sec. 22. (a) A teacher may be suspended without pay only under the following procedure set forth in this section: (1) The principal shall notify the teacher of the principal's preliminary decision. The notification must be: (A) in writing; and (B) delivered in person or mailed by registered or certified mail to the teacher at the teacher's last known address. (2) The notice in subdivision (1) must include a written statement, subject to IC 5-14-3-4, giving the reasons for the preliminary decision. (b) The notice required under subsection (a) must inform the teacher that, not later than five (5) days after the teacher's receipt of the notice, the teacher may request a private conference with the superintendent. The superintendent must set the requested meeting not later than ten (10) days after the request. (c) At the conference between the superintendent and the teacher, the teacher may be accompanied by a representative. (d) This subsection does not apply to the suspension of a superintendent. After the conference between the superintendent and the teacher, the superintendent shall make a written recommendation to the governing body of the school corporation regarding the teacher's suspension without pay. (e) If the teacher does not request a conference under subsection (b), the principal's preliminary decision is considered final. (f) If, not later than five (5) days after the initial private conference with the superintendent, the teacher files a request with the governing body for an additional private conference, the teacher is entitled to an additional private conference with the governing body before the governing body makes a final decision. The final decision must be in writing and must be made not more than thirty (30) days after the governing body receives the teacher's request for the additional private conference. At the private conference, the governing body shall do the following: (1) Allow the teacher to present evidence to refute the reason or reasons for suspension without pay and supporting evidence provided by the school corporation. Any evidence presented at the private conference must have been exchanged by the parties at least seven (7) days before the private conference. (2) Consider whether a preponderance of the evidence supports the teacher's suspension without pay. (g) At the first public meeting following a private conference with: (1) the governing body under subsection (f); or (2) the superintendent under subsection (b), if no conference with the governing body is requested; the governing body may suspend a teacher without pay for a reasonable time by a majority vote evidenced by a signed statement in the minutes of the board. The decision of the governing body is final. (h) The time periods set out in this section shall be extended for a reasonable period: (1) when a teacher or school official is ill or absent from the school corporation; or (2) for other reasonable cause. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-15(c).] As added by P.L.1-2005, SEC.12. Amended by P.L.233-2015, SEC.217.

Ind. Code § 20-28-9-23 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-5-15(d).] As added by P.L.1-2005, SEC.12. Repealed by P.L.233-2015, SEC.218.

Ind. Code § 20-28-9-24 Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-3-12.] As added by P.L.1-2005, SEC.12. Repealed by P.L.74-2026, SEC.105.

Ind. Code § 20-28-9-26 Minimum teacher salary threshold; notice; official minutes; posting

Sec. 26. (a) For each school year beginning after June 30, 2025, if a school corporation determines that the school corporation cannot establish a minimum salary of forty-five thousand dollars ($45,000) for each full-time teacher, the school corporation and the department must comply with the requirements of subsections (b) through (d). (b) For each state fiscal year that a school corporation fails to meet the minimum salary requirements for full-time teachers under subsection (a), the department shall submit in both a written and an electronic format a notice to the school corporation's: (1) superintendent; (2) school business officer; and (3) governing body; that the school corporation failed to meet the requirements set forth in subsection (a) for the applicable state fiscal year. (c) If a school corporation's governing body receives a notice from the department under subsection (b), the school corporation shall do the following: (1) Publicly acknowledge receipt of the notice from the department at the governing body's next public meeting. (2) Enter into the governing body's official minutes for the meeting described in subdivision (1) acknowledgment of the notice. (3) Not later than thirty (30) days after the meeting described in subdivision (1), publish on the school corporation's website: (A) the department's notice; and (B) any relevant individual reports prepared by the department. (d) If the department determines a school corporation that received one (1) or more notices from the department under subsection (b) has met the minimum salary requirements required under subsection (a) for a subsequent state fiscal year, the school corporation may remove from the school corporation's website any: (1) notices the school corporation received under subsection (b); and (2) relevant individual reports prepared by the department under subsection (c)(3). As added by P.L.165-2021, SEC.154. Amended by P.L.190-2025, SEC.4.

Ind. Code § 20-28-9-27 Annual school corporation expenditure for teacher salaries; prohibited decrease in certain circumstances; notice; official minutes; posting

Sec. 27. (a) As used in this section, "funding floor" means the amount a school corporation expended for full-time teacher salaries during a particular state fiscal year. (b) Subject to subsections (d) and (e), if the amount of state tuition support distributed to a school corporation for a particular state fiscal year is greater than the amount of state tuition support distributed to the school corporation for the preceding state fiscal year, the school corporation may not expend an amount for full-time teacher salaries during the particular state fiscal year that is less than the funding floor for the preceding state fiscal year. (c) For purposes of this section, the amount a school corporation expends for full-time teacher salaries shall include the amount the school corporation expends for participating in: (1) a special education cooperative; (2) a career and technical education cooperative; or (3) an interlocal agreement; that is directly attributable to the salaries of full-time teachers employed by the cooperative. (d) For purposes of this subsection, stipends paid using teacher appreciation grants under IC 20-43-16 are not considered. If a school corporation has awarded stipends to a majority of the school corporation's teachers in each of the two (2) preceding consecutive state fiscal years, an amount equal to the lesser of the total amount of stipends awarded in each of those state fiscal years shall be added to the school corporation's funding floor for the preceding state fiscal year described under subsection (b). (e) Beginning after June 30, 2024, for each state fiscal year that a school corporation fails to meet the expenditure requirements regarding full-time teacher salaries under subsection (b), the department shall submit in both a written and an electronic format a notice to the school corporation's: (1) superintendent; (2) school business officer; and (3) governing body; that the school corporation failed to meet the requirements set forth in subsection (b) for the applicable state fiscal year. (f) If a school corporation's governing body receives a notice from the department under subsection (e), the school corporation shall do the following: (1) Publicly acknowledge receipt of the notice from the department at the governing body's next public meeting. (2) Enter into the governing body's official minutes for the meeting described in subdivision (1) acknowledgment of the notice. (3) Not later than thirty (30) days after the meeting described in subdivision (1), publish on the school corporation's website: (A) the department's notice; and (B) any relevant individual reports prepared by the department. (g) If the department determines a school corporation that received one (1) or more notices from the department under subsection (e) has met the expenditure requirements required under subsection (b) for a subsequent state fiscal year, the school corporation may remove from the school corporation's website any: (1) notices the school corporation received under subsection (e); and (2) relevant individual reports prepared by the department under subsection (f)(3). As added by P.L.165-2021, SEC.155. Amended by P.L.132-2022, SEC.1; P.L.150-2024, SEC.25; P.L.213-2025, SEC.171; P.L.159-2026, SEC.12.

Ind. Code § 20-28-9-28 Requirement to expend percentage of tuition support for teacher compensation; exclusions; report to the legislative council; notice; official minutes; posting

Sec. 28. (a) For each school year in a state fiscal year beginning after June 30, 2025, a school corporation shall expend an amount for teacher compensation that is not less than an amount equal to sixty-five percent (65%) of the state tuition support, other than the state tuition support described in subsection (b), distributed to the school corporation during the state fiscal year. For purposes of determining whether a school corporation has complied with this requirement, the amount a school corporation expends for teacher compensation shall include the amount the school corporation expends for adjunct teachers, supplemental pay for teachers, stipends, and for participating in a special education cooperative or an interlocal agreement or consortium that is directly attributable to the compensation of teachers employed by the cooperative or interlocal agreement or consortium. The amount a school corporation expends on teacher compensation shall also include the amount the school corporation expends on dropout recovery educational services for an at-risk student enrolled in the school corporation provided by an agreement with an eligible school that is directly attributable to the compensation of teachers employed by the eligible school. Teacher benefits include all benefit categories collected by the department for Form 9 purposes. (b) State tuition support distributed to a school corporation for students enrolled in the school corporation who are receiving one hundred percent (100%) virtual instruction from a teacher employed by a third party provider with whom the school corporation has contracted is not included as state tuition support distributed to the school corporation for purposes of subsection (a). (c) Before November 1, 2022, and before November 1 of each year thereafter, the department shall submit a report to the legislative council in an electronic format under IC 5-14-6 and the budget committee that contains information as to: (1) the percent and amount that each school corporation expended and the statewide total expended for teacher compensation; (2) the percent and amount that each school corporation expended and statewide total expended for teacher benefits, including health, dental, life insurance, and pension benefits; and (3) whether the school corporation met the requirement set forth in subsection (a). (d) The department shall publish the report described in subsection (c) on the department's website. (e) Beginning after June 30, 2024, for each state fiscal year that a school corporation fails to expend the amount for teacher compensation as required under subsection (a), the department shall submit in both a written and an electronic format a notice to the school corporation's: (1) superintendent; (2) school business officer; and (3) governing body; that the school corporation failed to meet the requirements set forth in subsection (a) for the applicable state fiscal year. (f) If a school corporation's governing body receives a notice from the department under subsection (e), the school corporation shall do the following: (1) Publicly acknowledge receipt of the notice from the department at the governing body's next public meeting. (2) Enter into the governing body's official minutes for the meeting described in subdivision (1) acknowledgment of the notice. (3) Not later than thirty (30) days after the meeting described in subdivision (1), publish on the school corporation's website: (A) the department's notice; and (B) any relevant individual reports prepared by the department. (g) If the department determines a school corporation that received one (1) or more notices from the department under subsection (e) has met the expenditure requirements required under subsection (a) for a subsequent state fiscal year, the school corporation may remove from the school corporation's website any: (1) notices the school corporation received under subsection (e); and (2) relevant individual reports prepared by the department under subsection (f)(3). As added by P.L.165-2021, SEC.156. Amended by P.L.132-2022, SEC.2; P.L.246-2023, SEC.37; P.L.150-2024, SEC.26; P.L.136-2024, SEC.43; P.L.1-2025, SEC.192; P.L.190-2025, SEC.5; P.L.213-2025, SEC.172; P.L.23-2026, SEC.189.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026

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