Teacher Freedom of Association
Teacher are not required to join or financially support teacher unions.
A person may not require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, assessments, or other charges of any kind or amount to a labor organization; or (3) pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization; as a condition of employment or continuation of employment.
It is an unfair practice to coerce a teacher in exercising their right to join or not join a union. If this happens, teachers may contact us or file a complaint directly with the IEERB
SENATE BILL 575
Synopsis: Teacher collective bargaining. Provides that the statutory procedures for refusing to continue or canceling a teacher contract may not be modified by a collective bargaining agreement (agreement). Limits the number of teachers the exclusive representative may appoint to serve on statutory or locally created committees of a school corporation. Prohibits certain subjects from being bargained collectively, and provides that prohibited subjects and items that lead to deficit financing may not be included in an agreement. Removes certain items from the list of discussion subjects between a school employer and an exclusive representative. Provides that if a complaint that is filed alleging an unfair practice concerning a subject of discussion is found to be frivolous, the complaining party is liable for costs and attorney's fees. Repeals provisions concerning minimum salary and salary increments for teachers, the definition of "submission date", and a provision allowing the statutory procedures for refusing to continue or canceling a teacher contract to be modified by an agreement, and makes conforming changes to related sections.
IC 20-29-4-2 Joining or supprting unions
IC 20-29-4-5 Collective Bargaining
A - F School Grades
Beginning with the 2010-11 academic year, the State Board of Education changed the labels for school categories based on student performance from the terms Exemplary, Commendable, Academic Progress, Academic Watch and Academic Probation to easy-to-understand letter grades (A, B, C, D and F).
Title 20, Article 28
Performance Standards Board, Teacher Education and Continuing Education, Transition to Teaching, Licensing, Teacher contracts, Salary increases and compensation, Substitute teachers, Teacher absences, Payroll deductions, Benefits, Suspensions, Leaves of Absence, Defense Service, Antidiscrimination, Teachers' FREEDOM OF ASSOCIATION, Serving in Public Office or General Assembly, School Counselor confidentiality, Legal Recourse for Infringement of Rights and Privileges, Performance Reviews and Independent practice school psychologists.
Teacher Performance Reviews
Title 20, Article 28, Chapter 11.5
Performance plans, objective measurements, Rating Categories (Highly Effective, Effective, Needs Improvement and Ineffective), Evaluators, Completed Evaluations, Remediation, Evaluation Reports to Department of Education
Title 20, Article 29
Education Employment Relations Board powers, rights of school employees, no requirement to join or support union, responsibilities of school employers, bargaining unit members, determination of exclusive representation, TEACHER MEMBERS ON COMMITTEES, contract provisions, unlawful deficit financing, subjects and prohibited subjects of collective bargaining, grievance procedure, subjects of discussion, appointment of mediator, factfinding, continuation of existing agreement with failure to reach new agreement, contracts posted on school website within 14 days, unfair practices, conflict of interest (mediator and factfinder) and illegality of aiding or abetting strikes
Teachers on Committees
Non-union teachers are legally entitled to serve on any and all school and district committees with the lone exception of the Bargaining committee. The percentage of teachers on the committee cannot exceed the percentage of non-union teachers in the school district. The union is responsible for supplying Administration with a certified affadavit the number of union teachers in the district by September 15th of each school year. The percentage difference between the number of union teachers and non-union teachers will be the available seats on all committees (except bargaining). Admin may also appoint non-union teachers to committees.
Right to Choice of Representation
The Supreme Court has recognized the right of association via the 1st Amendment of the Constitution of the United States linked to the speech and general assembly and this supercedes all state laws. Indiana Code makes it an unfair practice for Employers of school systems (Administration) to encourage or mandate teacher representation to be that of a union representative. Non-union teachers have the right to bring their own representation outside the teacher union to meetings, hearings or any other discussions where representation is advised.
Title 20, Article 30
Addresses instructional time, National Anthem & flag, graduation plans, moment of silence, mandatory, internet and optional curriculum, bullying prevention, good citizenship, summer school, alternative education, ESL, College/Tech Preparation, Dual Credit, AP Courses, Community Service
Career and Technical Education
Title 20, Article 37
Addresses Cooperative as well as Career and Technical Education in Career centers, schools and departments
Title 20, Article 31
Addresses Academic Standards, Accreditation, Probation Status, School Improvement Plans, ISTEP assessments, School A-F grading and Turnaround Academies
This is measured through 1) annual school performance reports, 2) school enrollment, testing data and accountability determinations, 3) graduation rates, 4) school corporation's student growth and 5) ECAs and ISTEP
Janus vs. AFSCME
This case started out with the Governor of Illinois, Bruce Rauner, and was then filed by Mark Janus, a child support specialist in Illinois who, although not a member of the union, was required by state law to pay "fair share" money that was used for political purposes in which he disagreed. The case was argued before the United States Supreme Court on February 26, 2018 and the decision was handed down on June 27th, 2018. The court ruled in favor of Janus and for "captive passengers" everywhere and overturned Abood.
A similar case in Friedrich vs. California Teachers Association ended in a split vote when Justice Scalia died before a decision was reached. That meant the appellate court decision prevailed or that unions could maintain their stranglehold on members and non-members in those states where unions are legally mandated.
The issue here is whether or not "Abood vs. Detroit Board of Education" should be overruled and public employees required union membership/affiliation ruled unconstitutional under the 1st amendment.
2018 Indiana General Assembly Laws
To see what laws our state passed in 2018, click here.
Important laws for teachers to know this year include:
Senate Bill 172 requires school systems to offer a Computer Science course to students and provide training for teachers
Senate Bill 387 provides new licensing requirements and supplemental pay to teachers in excess of corporations' compensation (not subject to collective bargaining) for teachers in STEM or Special Education Professionals. Includes elementary teachers who have a Master's degree in Math, Reading or Literacy.
House Bill 1319 addresses elementary school teacher content areas in Math and Science and directs the DOE to provide incentives to teachers to earn these licenses.
House Bill 1426 directs the DOE and study committees to establish one diploma for career ready high school graduates and to provide by 2021, college ready entrance exams in lieu of ECAs.