2012 Indiana Code
TITLE 11. CORRECTIONS
ARTICLE 10. CORRECTIONAL SERVICES AND PROGRAMS
CHAPTER 5. ACADEMIC AND VOCATIONAL EDUCATION

IC 11-10-5
Chapter 5. Academic and Vocational Education

IC 11-10-5-1
Implementation of academic and vocational education curricula and programs; funding
Sec. 1. The department shall, after consulting with the state superintendent of public instruction and the Indiana commission on vocational and technical education of the department of workforce development, implement academic and vocational education curricula and programs for confined offenders, by utilizing qualified personnel employed by the department or by arranging for instruction to be given by public or private educational agencies in Indiana. The department shall include special education programs, which shall be governed under IC 20-35-2. To provide funding for development and implementation of academic and vocational education curricula and programs, the department may accept gifts and apply for and receive grants from any source.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.217-1987, SEC.26; P.L.1-1990, SEC.161; P.L.135-1993, SEC.3; P.L.21-1995, SEC.13; P.L.1-2005, SEC.121.

IC 11-10-5-2
Adoption of rules for licensing of teachers
Sec. 2. The state board of education shall, in accord with IC 20-28-4 and IC 20-28-5, adopt rules under IC 4-22-2 for the licensing of teachers to be employed by the department.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984, SEC.10; P.L.46-1992, SEC.2; P.L.1-2005, SEC.122; P.L.246-2005, SEC.96; P.L.90-2011, SEC.1.

IC 11-10-5-3
Limited teaching and conditional vocational certificates; qualification of applicants
Sec. 3. Limited certificates valid for one (1) year may be granted, upon the request of the commissioner, according to rules of the state board of education. Modification of these rules may be made by the state board of education in a way reasonably calculated to make available an adequate supply of qualified teachers. A limited certificate may be issued in cases where special education and qualifications warrant the waiver of part of the prerequisite professional education required for certification to teach in the public schools. The limited certificate, however, may be issued only to applicants who have graduated from an accredited college or university. Teachers of vocational education need not be graduates of an accredited college or university but shall meet requirements for conditional vocational certificates as determined by the department of education.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.20-1984, SEC.11; P.L.46-1992, SEC.3; P.L.1-2005, SEC.123; P.L.246-2005,

SEC.97; P.L.90-2011, SEC.2.

IC 11-10-5-4
Repealed
(Repealed by P.L.100-2012, SEC.31.)

IC 11-10-5-5
Employee wage payment arrangements
Sec. 5. (a) Notwithstanding IC 22-2-5-2, the correctional institution and:
(1) an employee if there is no representative described under subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees with respect to those employees; or
(3) a labor organization representing its noncertificated employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may provide that compensation earned during a school year may be paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first day of that school year and ends not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the next calendar year, so long as all the compensation is paid within the thirteen (13) month period beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the correctional institution remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment arrangement entered into under subsection (a) are enforceable under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either permanently or temporarily, the amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned and unpaid.
(g) Employment with the correctional institution may not be conditioned upon the acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement under subsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.1.
IC 11-10-5-6
Educational assistance for tuition, books, and supplies
Sec. 6. The department may provide financial assistance for tuition, books, and supplies for an offender who:
(1) is:
(A) convicted of a felony;
(B) sentenced to a term of imprisonment for that felony; and
(C) confined for that felony by the department; and
(2) enrolls in a degree program at an eligible institution (as defined in IC 21-12-1-8(2)) of higher education.
As added by P.L.229-2011, SEC.103.