Public Law 90-2011 (Senate Enrolled Act 1) and Public Law 48-2011 (Senate Enrolled Act 575) enacted by the 2011 Indiana General Assembly establish the following requirements and conditions for the determination of teacher salaries and teacher salary increases. P.L. 48-2011 establishes salary, wages and wage-related fringe benefits as mandatory subjects of collective bargaining.
Each of these public laws will be incorporated into the Indiana Code (I.C.), the comprehensive compendium of all Indiana law. Each new law amends many sections of the current law or adds new sections to the law.
SEA 1 Public Law 90-2011 I.C. 20-28-9-1 Compensation
I.C. 20-28-11.5 Staff Performance Evaluation
SEA 575 Public Law 48-2011 I.C. 20-29-6-16 Increments contingent on contract settlement
P.L. 90-2011 eliminates the requirement that a teacher’s minimum salary each school year must be based on “education, experience and degree completed.” There are no longer any requirements regarding the basis of a teacher’s beginning salary with a school corporation.
Because P.L. 48-2011 requires that “salary” is a mandatory subject of collective bargaining, a teacher’s beginning salary with a school corporation must be negotiated by the school employer and the exclusive representative.
P.L. 90-2011 states that a school corporation may not decrease the salary of any teacher below the salary the teacher was earning on or before July 1, 2012 “solely to conform to the new salary schedule.” The salary a teacher was earning on or before July 1, 2012 cannot be decreased based on evaluation ratings. Salary decreases resulting from changes in a teacher’s number of days employed, number of hours employed, assigned responsibilities, or collectively bargained salary schedule changes other than “solely to conform to the new salary schedule” are allowable.
Salary Increase or Increment
P.L. 90-2011 (I.C. 20-28-9-1) states that on or after July 1, 2012 or upon the expiration of a collective bargaining agreement in existence on July 1, 2011 “increases or increments in a local salary scale” must be based on a combination of the following factors:
1. The number of years of a teacher’s experience
2. The attainment of additional content area credits or degrees
[The combination of these two factors (i.e. #1 and #2) may account for no more than 33% of the calculation to determine a teacher’s increase or increment]
3. Teacher evaluation results conducted under IC 20-28-11.5
4. The assignment of instructional leadership roles, including conducting evaluations
5. The academic needs of the students in the school corporation
Combination of Salary Increase or Increment Factors
P.L. 90-2011 (I.C. 20-28-9-1) states that increases or increments in a local salary scale must be based on a “combination” of the following factors. A “combination” is commonly understood to be two or more factors. The school employer and the exclusive representative may agree to the numerical value of any of the statutory salary increase or increment factors.
Statutory Ranges of Factors to Determine Salary Increases or Increments
The salary increase or increment factors specified by P.L 90-2011 (I.C. 20-28-9-1) result in the following ranges for the value of the factors to determine a salary increase or increment:
0% to 33% Year of experience minus the factor for content area degree
0% to 33% Content area degree minus the factor for year of experience
[The combination of these two factors may account for no more than 33% of the calculation used to determine a teacher’s increase or increment.]
0% to 100% Evaluation results
0% to 100% Instructional leadership
0% to 100% Academic needs of the students
Teacher Evaluation Results
P.L. 90-2011 (I.C. 20-28-11.5) requires that each school corporation implement a staff performance evaluation plan that yields for each certificated employee an annual rating in one of the following categories:
Instructional Leadership Roles
An “instructional leadership role” should require a teacher to perform duties or conduct activities of instructional value to other educators in the school on a sustained basis. P.L. 90-2011 (I.C. 20-28-9-1) states that responsibility for conducting teacher evaluations may be an instructional leadership role.
Academic Needs of the Students in the School Corporation
The “academic needs of the students in the school corporation” should be conduct of or participation in activities or duties of unique or specific academic value to the students in the school corporation, and that conduct or participation should occur on a sustained basis.
Increase in base salary or annual stipend
P.L. 90-2011 (I.C. 20-28-9-1) does not include any provisions regarding salary increases or increments as increases in a teacher’s base salary or as annual stipends. All or part of an increase in a teacher’s base salary may be a permanent increase in the base salary or an annual stipend. Approaches permissible under law include the following:
Complete Base Salary Increase: All of a teacher’s salary increase received in a given year is factored into the teacher’s base salary. As such, the teacher will not receive less than the base salary regardless of changes in effectiveness, instructional leadership positions held, and/or ability to meet the academic needs of the students in the corporation.
Partial Base Salary Increase: A portion of a teacher’s salary increase received in a given year is factored into the teacher’s base salary. As such, a teacher’s salary may decrease from one year to the next if there is a change in the teacher’s effectiveness, instructional leadership positions held, and/or ability to meet the academic needs of the students in the corporation.
Complete Annual Stipend Increase: None of a teacher’s salary increase received in a given year is factored into the teacher’s base salary. As such, the teacher’s salary will vary based on changes in effectiveness, instructional leadership positions held, and/or ability to meet the academic needs of the students in the corporation.
No Salary Raise or Increment
P.L. 90-2011 (I.C. 28-9-1) states that a teacher rated “ineffective” or “improvement necessary” may not receive a salary increase or increment. A teacher rated “ineffective” is entitled to a conference with the superintendent or superintendent’s designee. Salary increases for teachers rated “ineffective” or “improvement necessary” are not permissible regardless of the local approach to determining increases in base salaries. For example, a corporation that allocates salary stipends to teachers rated “effective” or “highly effective” may not increase the base salary of a teacher rated as “ineffective” or “improvement necessary.”
P.L. 90-2011 (I.C. 20-28-9-1) requires a school corporation to submit its local salary schedule to the IDOE. IDOE will report any noncompliance with state law to the State Board of Education (SBOE). The SBOE will take appropriate actions against school corporations that fail to comply with this requirement.
Information from the Indiana Department of Education