1. (a) A teacher who is subject to section 8 of this chapter is not subject to this section.

2. (b) After June 30, 2011, a teacher who:

   1. (1) serves under contract as a teacher in a public school corporation;
   2. (2) has not received a rating in an evaluation under IC 20-28-11.5 or receives a rating of ineffective in an evaluation under IC 20-28-11.5 ;
   3. (3) has not at any time before July 1, 2012, entered into a teaching contract for further service with the school corporation; and

   4. (4) has not received three (3) ratings in a five (5) year period of effective or highly effective in an evaluation under IC 20-28-11.5 ;

      shall be considered a probationary teacher.

3. (c) After June 30, 2011, a teacher who receives a rating of:

   1. (1) effective;
   2. (2) highly effective; or

   3. (3) a combination of both subdivisions (1) and (2);

      in an evaluation under IC 20-28-11.5 for at least three (3) years in a five (5) year or shorter period becomes a professional teacher by entering into a contract described in section 2 of this chapter.

4. (d) A professional teacher who receives a rating of ineffective in an evaluation under IC 20-28-11.5 shall be considered a probationary teacher but is not subject to the cancellation of the teacher's contract unless at least one (1) of the following criteria applies:

   1. (1) The teacher receives a rating of ineffective in an evaluation under IC 20-28-11.5 in the year immediately following the teacher's initial rating of ineffective.
   2. (2) The teacher's contract cancellation is due to a justifiable decrease in the number of teaching positions under IC 20-28-7.5-1 (b)(3).
   3. (3) The teacher's contract cancellation is due to conduct set forth in IC 20-28-7.5-1 (b).

As added by P.L.90-2011, SEC.29.