Muncie Community School Corporation and transformation zone schools established following the third consecutive year in the lowest performance category (Opt-In School) are not subject to IC 20-29 unless the school corporation voluntarily recognizes an exclusive representative under IC 20-29-5-2. Additionally, employees of a transformation zone or innovation network school may organize and create a separate bargaining unit to collectively bargain with the entity operating the transformation zone or the innovation network team under IC 20-29. See IC 20-25.7-4-7 and IC 20-31-9.5-9.5(f).

This policy applies to Muncie Community School Corporation and those school corporations that have innovation network schools established pursuant to IC 20-25.7-4-5 or transformation zone schools established pursuant to IC 20-31-9.5-9.5.

1. Employees of Opt-In Schools may not be part of the bargaining unit until the school corporation opts the school(s) into IC 20-29 by voluntarily recognizing an exclusive representative under IC 20-29-5-2. To do so, the school corporation must follow the procedures in IC 20-29-5-2 and 560 IAC 2-2.1-6. In the notice required by IC 20-29-5-2(b) (Opt-In Notice), the school corporation must also indicate whether it is opting the Opt-In School out of specific subjects of bargaining. The Opt-In School is not subject to IC 20-29 until the Indiana Education Employment Relations Board (IEERB) has certified the exclusive representative.

2. A school corporation may subsequently opt an Opt-In School out of specific subjects of bargaining by providing a Notice of Intent to Opt-Out (Opt-Out Notice) to the IEERB and the exclusive representative. The Opt-Out Notice must follow the procedures in IC 20-29-5-2 and 560 IAC 2-2.1-6. The procedures in IC 20-29-5-1 and 560 IAC 2-2.1-1 through 560 IAC 2-2.1-4 must be followed to effectuate all necessary changes in the corresponding bargaining unit.

3. Before July 1 of each year, a school corporation must notify the IEERB in writing if it intends to change the status of an Opt-In School for the upcoming school year. If a change is desired, the school corporation must provide proper notice so that the IEERB can certify the change by September 1. A school corporation may submit a written request for an extension of these deadlines. The request must be filed with the IEERB and served on the exclusive representative. The IEERB will only extend the deadlines if the school corporation demonstrates good cause in its written request. Failure to meet these deadlines will result in maintaining the status quo for the upcoming school year (July 1-June 30). Changes to the status of subjects of bargaining for Opt-In Schools will not be effectuated until the expiration of the current collective bargaining agreement.

4. The IEERB will provide a sample Opt-In Notice and Opt-Out Notice. The IEERB will maintain a list of the status of all Opt-In Schools.

5. A school corporation is not bound by its collective bargaining agreement for employees of a transformation zone or innovation network school. The school employees of a transformation zone or innovation network school may organize and create a separate bargaining unit to bargain with the entity operating the transformation zone or innovation network team, respectively. School employees in a transformation zone or innovation network school who wish to organize must follow IC 20-29-5 and 560 IAC 2-2.1 to establish a new unit and exclusive representative. Employees of Opt-In Schools in a transformation zone may not be part of the new bargaining unit unless the school corporation has opted the Opt-In School into IC 20-29. The school corporation and an entity operating the transformation zone or the innovation network team shall be served and made parties to any case to establish a new bargaining unit and exclusive representative in a transformation zone or innovation network school.

This policy was adopted by the IEERB at its August 10, 2023, public board meeting. This policy supersedes and replaces Nonrule Policy Document No. 2022-1 and shall be effective until rescinded by the IEERB.

DIN: 20230823-IR-560230598NRA

Composed: May 04,2024 4:42:53AM EDT

A PDF version of this document.