Indiana Code 20-28-7.5-2. Procedure for cancellation
(1) The principal or superintendent shall notify the teacher of the principal’s or superintendent’s preliminary decision. The notification must be:
Terms Used In Indiana Code 20-28-7.5-2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(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.
(3) Notification due to a reduction in force must be delivered between May 1 and July 1.
However, in the case of a school corporation that is a distressed political subdivision under IC 6-1.1-20.3, IC 6-1.1-20.3-16 applies to the cancellation of a teacher’s contract in addition to this section.
(b) For a cancellation of a teacher’s contract for a reason other than a reduction in force, the notice required under subsection (a)(1) 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 or the assistant superintendent. The superintendent or the assistant superintendent, as applicable, must set the requested meeting not later than ten (10) days after the request.
(c) At the conference between the superintendent or the assistant superintendent, as applicable, and the teacher, the teacher may be accompanied by a representative.
(d) After the conference between the superintendent or the assistant superintendent, as applicable, and the teacher, the superintendent or the assistant superintendent, whoever attended the conference, shall make a written recommendation to the governing body of the school corporation regarding the cancellation of the teacher’s contract.
(e) If the teacher does not request a conference under subsection (b), the principal’s or superintendent’s preliminary decision is considered final.
(f) If a probationary, professional, or established teacher files a request with the governing body for an additional private conference not later than five (5) days after the initial private conference with the superintendent or the assistant superintendent, as applicable, 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 contract cancellation 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 cancellation of the teacher’s contract.
As added by P.L.90-2011, SEC.31. Amended by P.L.233-2015, SEC.209; P.L.179-2016, SEC.9; P.L.185-2017, SEC.6; P.L.208-2017, SEC.2; P.L.213-2018(ss), SEC.23.