Answering Your Questions on COVID-19
03/20/2020

We are certainly living through some challenging times right now and we know you have lots of questions in this time of uncertainty. We are here for you.

In the coming days, ISTA will be releasing a web resource for educators to help guide you with information and resources on this pandemic and its impact on our profession. For now, check out the below FAQ guide.

Must teachers be paid while schools are closed?
Yes, I.C. 20-28-9-15 requires teachers to be paid if a school is ordered to be closed by the school corporation or health authorities, or if school cannot be conducted through no fault of the teacher. As a result, even if school is closed for the remainder of the school year, teachers will continue to be paid their regular salary.

Can a school corporation require teachers to make up missed days over the summer?
The Indiana Court of Appeals has held that teachers can only be required to make up missed student days if the students are also required to make up the days. If days are waived, teachers do not have to make up the days. (South Newton School Corporation v. South Newton Classroom Teachers Association, 762 N.E.2d 115 (Ind. Ct. App. 2001))

Can a school corporation require teachers to work on days students are not in school?
Yes. Teachers can be required to prepare materials at home for E-learning or do other assignments as given by the school corporation.

Are classified employees required to be paid when days are waived for students?
No, but a school board can approve payments for classified employees even if they do not work and not be subjected to ghost employment charges.

If an employee is on FMLA leave, can a school corporation require the employee to work from home during FMLA leave?
No.

Because of the public health emergency, can school boards hold their meetings in private?
No, but limits can be made on the number of members of the public who can attend. Additionally, the Public Access Counselor has provided flexibility for board members to attend remotely.

These questions and answers are changing rapidly, so for the most up to date information, contact your UniServ Director with questions or concerns.