Sec. 12.5. (a) Before September 15 of the first year of the state budget biennium, the department shall provide the parties with an estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining in the school corporation from the school funding formula.
(b) Within thirty (30) days after the date of the fall count of ADM of the school year in the first year of the state budget biennium, the department shall provide the parties with a certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining from the school funding formula. If the parties do not receive a certified estimate from the department within thirty (30) days after the fall count of ADM, the parties may use the school corporation's estimate of the general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available based on the school corporation's fall count of ADM for purposes of collective bargaining. However, if the parties subsequently receive the certification of estimated general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue available for bargaining before an impasse is declared, the parties shall use the certified general fund (before January 1, 2019) or education fund (after December 31, 2018) revenue from the school funding formula for purposes of collective bargaining.
(c) A school employer that passes a resolution under section 3(c) of this chapter to consider a portion or percentage of money transferred from the school employer's operations fund to the education fund as education fund revenue for purposes of determining whether an agreement places a school corporation in a position of deficit financing must submit a copy of the resolution to the department of local government finance on or before November 1. The resolution shall include:
(1) all transfers between the operations fund and the education fund; and
(2) a statement regarding whether or not the transfer is for the purpose of funding teacher contracts.
(d) The certifications or estimate described in subsection (b) must be the basis for determinations throughout impasse proceedings under this chapter.
As added by P.L.48-2011, SEC.21. Amended by P.L.229-2011, SEC.179; P.L.205-2013, SEC.254; P.L.213-2015, SEC.190; P.L.214-2017, SEC.3; P.L.244-2017, SEC.57; P.L.211-2019, SEC.25; P.L.254-2019, SEC.3; P.L.272-2019, SEC.6; P.L.159-2020, SEC.62.
Structure Indiana Code
Article 29. Collective Bargaining for Teachers
Chapter 6. Collective Bargaining
20-29-6-3. Unlawful Deficit Financing
20-29-6-4. Subjects of Bargaining
20-29-6-4.5. Prohibited Subjects of Collective Bargaining
20-29-6-5. Grievance Procedure
20-29-6-6.1. Review of Collective Bargaining Agreement
20-29-6-7. Subjects of Discussion
20-29-6-8. Contract, Agreement, or Concession Not Required
20-29-6-9. Discussions Outside Obligation to Bargain Collectively
20-29-6-10. Recommendations by Superintendent
20-29-6-12. Commencement of Collective Bargaining
20-29-6-12.5. Certification of Estimated Available Revenue; Sources of Funding
20-29-6-13. Appointment of Mediator
20-29-6-15.1. Initiation of Factfinding
20-29-6-16. Continuation of Existing Agreement; Circumstances
20-29-6-16.5. Petition for Representation
20-29-6-18. Appeal of Factfinder's Decision