1. Southern Advocacy Conference Discussion Training February 18, 2017
Pam Dilbeck
UniServ Director
Chad Hunter

2. Discussion Defined IC 20-29-2-7
"Discuss" Sec. 7. "Discuss" means the performance of the mutual obligation of the school corporation through its superintendent and the exclusive representative to meet at reasonable times to: (1) discuss; (2) provide meaningful input; or (3) exchange points of view; with respect to items enumerated in IC

3. Mandatory Subjects (1) Curriculum development and revision.
(2) Selection of curricular materials.
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.
(10) Hours.
(11) Funding for a plan for a remediation program for any subset of students enrolled in kindergarten through grade 12.
(12) The following nonbargainable items under IC : (A) Performance grants. (B) Individual performance stipends to teachers. (C) Additions to base salary based on performance stipends.
(13) The pre-evaluation planning session required under IC (14) The superintendent's report to the governing body concerning staff performance evaluations required under IC
Note changes in the law

4. Who WHO DISCUSSES Superintendent/designee(s)
Exclusive representative/designee(s)
WHO OVERSEES
IEERB: Indiana Education Employment Relations Board
WHO INITIATES DISCUSSION
The Employer initiates discussion when the employer has exclusive knowledge of the facts in a situation which is non-recurring.
If a subject of discussion is reoccurring, the Association knows, or should have known, then the Association has the obligation to demand discussion.
“The duty to discuss, therefore, arose when the Corporation determined it would change an established practice within the Corporation.” Tippecanoe U

5. What to discuss Curriculum development and revision.
Textbook selection.
Teaching methods.
Hiring, evaluation, promotion, demotion, transfer, assignment, and retention of certificated employees. and changes to any of the requirements set forth in IC through IC
Student discipline.
Expulsion or supervision of students.
Pupil/teacher ratio.
Class size or budget appropriations.
Safety issues for students and employees in the workplace, except those items required to be kept confidential by state or federal law.
Hours.
Note that discussion for ESP’s is based on what they have locally bargained or what the local corporation has agreed to discuss

6. What changed
Working Conditions are not a required topic of discussion. However, note that with the addition of safety, evaluation and hours, these are items that must be discussed.
Hours will be a crucial item in the legislative changes to discussion. The hours you are expected to work per day must be put on your individual teacher contract.

7. When to discuss Most schools discuss at least monthly or more
When an item arises related to any of the discussable items
To bring clarity to an expectation for staff

8. When to discuss Most schools discuss at least monthly or more
When an item arises related to any of the discussable items
To bring clarity to an expectation for staff
You don’t have to wait until there is a problem to discuss.
Discussion can be used as an effective means of communicating with your Association leaders.
Don’t wait until the last minute to discuss!

9. How to discuss Make sure your discussion team is prepared.
Both sides may want to consider designating a:
Chief spokesperson
Secretary or note taker
Both sides also need to select their team members.
Keep your teams to a manageable size.
Prepare an agenda ahead of time.
Ask your discussion team members for items of concern.
Association leaders and the sup’t need to stay in touch for items which will need to be discussed. (If you are aware of it, you must discuss it or face acquiescence).
Member complaints that are not related to mandatory subjects of discussion can then be dealt with in other manners. But, members know they have a connection to their Association. So they feel they BELONG to a union, not that they just JOINED

10. HOW TO DISCUSS, cont…
Just as you keep your own records of the events during bargaining, you need records of the events during discussion.
Minutes should be kept by both teams.
Use the minutes from one month to help establish the topics of the next month.
Was anything left unfinished?
Is more information needed about a discussable subject?

11. Why discuss Better quality decisions
Nobody feels like something has been “done to” them
Better school community morale
Inclusion of all stakeholders
Better relationships
Protection of teacher rights in the workplace
To provide details that are often overlooked when looking only at the big picture
There are more quality voices to help determine the appropriate needs of students and staff

12. No meet and tells allowed!
Corporations are required to obtain meaningful input prior to implementation.
“…meaningful input requires a willingness to discuss prior to implementation…” Evansville, (1980)
“…it must be provided before a unilateral change is made in a Section 5 (discussion) item.” Lafayette, (1991)
If a school takes a unilateral action on a topic of discussion before discussing the topic, then the IEERB has historically ruled that the status quo be restored until discussion can take place.

13. No meet and tells allowed! ~Continued…
If several meetings are required then several meetings must take place. Cloverdale (1984)
If all aspects have been discussed then the obligation is fulfilled. Marion (1976)
A caution to Administrators: don’t expect to drop a new discussion item and take it to the Board meeting that same evening for Board approval.

14. Is Discussion Binding?
Discussion is not bargaining in that it does not require agreement of the parties. Therefore, for teachers, it does not replace the security of a binding contract.
The final decision is ultimately up to the superintendent. However, s/he cannot make that decision until meaningful input has been received over the course of time necessary to have meaningful input on a topic of discussion.

15. Precedent setting times
ACQUIESCENCE is no longer an option.
As with any new law, the steps made by the Associations across the state over the next few years will establish what the new laws truly mean. Throughout the previous slides we have quoted various legal decisions. All of those came through the work of local leaders like you.
We cannot afford as members to acquiesce our right to discussion.
Discussion is our platform to speak up for what is best for education. We have an obligation to utilize it.
Your Association will set precedent for other Associations with your actions.

16. It is an unfair practice for a school employer to:
Refuse to:
   (A) bargain collectively; or        (B) discuss;      with an exclusive representative
Take your obligation to discuss seriously. The IEERB will.     

17. Questions and Thanks!