Teacher's Contract Lawsuit Filed Today

IDOE’s Teacher Contract Forms Not Contracts At All

INDIANAPOLIS –Dr. Tony Bennett and the Indiana Department of Education late last week issued the new teacher contract forms for the 2011-2012 school year. Upon reviewing the documents, particularly the regular teacher’s contract, the Indiana State Teachers Association believes that certain proposed terms violate both Indiana law and existing collectively-bargained contracts.

ISTA filed a lawsuit today requesting injunctive relief to prevent these documents from being forced upon Indiana’s dedicated and hard working public school teachers. ISTA also plans to request that these teacher contracts be modified to comply with Indiana law.

One major violation of the law found in the regular teacher’s contract form released by IDOE is a provision that allows school corporations to shorten or lengthen a teacher’s work day or the number of days a teacher works each year at will at any time during the school year.

Indiana’s new law clearly states that the individual teacher’s contract must contain “the number of hours per day the teacher is expected to work, as discussed pursuant to IC 20-29-6-7 (which is the teacher collective bargaining law). SEA 575-2011

The new DOE “contract” as stated below and in pertinent part, is in direct violation of that Indiana law:

“In exchange for the Teacher’s services described below, the Corporation and the Teacher agree that:

3. The Teacher’s expected work day shall consist of a minimum of _________hours daily, exclusive of any extracurricular or co-curricular assignments.

4. The number of days and hours may be modified by the Corporation during and after the term of the Contract.” (emphasis added)

“Once again, the Department (of Education) is proceeding under their theory of “proceed until apprehended,” said ISTA President Nate Schnellenberger. “The General Assembly enacted a series of laws this year that, frankly, have a multitude of ambiguities, gaps, and internal conflicts that ISTA is trying to now work through as the new school year approaches. However, the issues of a teacher’s expected hours, the discussion rights attributable to those hours, the bargainability of salary and wage-related benefits, and the content of the teacher contract itself as it relates to the number of hours (and not “minimum” hours) were not unclear and ISTA expects that the IDOE should be made to comply with the laws it promoted.”

ISTA is appalled by the contents of these contracts and especially incensed that they were issued just as teachers begin returning to school for the start of the 2011-2012 school year with little or no information from the Department of Education about the content or their consequences.
“Again, without collaboration, IDOE has taken it upon itself to “re-legislate” public education policy to suit its own agenda after the General Assembly adjourned,” concluded Schnellenberger.