CHAPTER 8. STUDENT DISCIPLINE
IC 20-33-8
Chapter 8. Student Discipline
IC 20-33-8-0.2
"Bullying"
Sec. 0.2. As used in this chapter, "bullying" means overt, repeatedacts or gestures, including:
(1) verbal or written communications transmitted;
(2) physical acts committed; or
(3) any other behaviors committed;
by a student or group of students against another student with theintent to harass, ridicule, humiliate, intimidate, or harm the otherstudent.
As added by P.L.106-2005, SEC.6.
IC 20-33-8-0.5
"Physician"
Sec. 0.5. As used in this chapter, "physician" means an individuallicensed to practice medicine or osteopathic medicine under:
(1) IC 25-22.5; or
(2) the law of another state.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-1
"Principal"
Sec. 1. As used in this chapter, "principal" includes a principal'sdesignee.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-2
"Educational function"
Sec. 2. As used in this chapter, "educational function" means theperformance by a school corporation or its officers or employees ofan act or a series of acts in carrying out school purposes.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-3
"Expulsion"
Sec. 3. (a) As used in this chapter, "expulsion" means adisciplinary or other action whereby a student:
(1) is separated from school attendance for a period exceedingten (10) school days;
(2) is separated from school attendance for the balance of thecurrent semester or current year unless a student is permitted tocomplete required examinations in order to receive credit forcourses taken in the current semester or current year; or
(3) is separated from school attendance for the periodprescribed under section 16 of this chapter, which may includean assignment to attend an alternative school, an alternativeeducational program, or a homebound educational program. (b) The term does not include situations when a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with theimmunization requirements of IC 20-34-4-5.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-4
"School purposes"
Sec. 4. As used in this chapter, "school purposes" refers to thepurposes for which a school corporation operates, including thefollowing:
(1) To promote knowledge and learning generally.
(2) To maintain an orderly and effective educational system.
(3) To take any action under the authority granted to schoolcorporations and their governing bodies by IC 20-26-5 or byany other statute.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-5
"School property"
Sec. 5. As used in this chapter, "school property" means thefollowing:
(1) A building or other structure owned or rented by a schoolcorporation.
(2) The grounds adjacent to and owned or rented in commonwith a building or other structure owned or rented by a schoolcorporation.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-6
"Superintendent" includes superintendent's designee
Sec. 6. As used in this chapter, "superintendent" includes asuperintendent's designee.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-7
"Suspension"
Sec. 7. (a) As used in this chapter, "suspension" means anydisciplinary action that does not constitute an expulsion undersection 3 of this chapter, whereby a student is separated from schoolattendance for a period of not more than ten (10) school days.
(b) The term does not include a situation in which a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with theimmunization requirements of IC 20-34-4-5.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-8 Duty and powers of school corporation to supervise and disciplinestudents
Sec. 8. (a) Student supervision and the desirable behavior ofstudents in carrying out school purposes is the responsibility of:
(1) a school corporation; and
(2) the students of a school corporation.
(b) In all matters relating to the discipline and conduct of students,school corporation personnel:
(1) stand in the relation of parents to the students of the schoolcorporation;
(2) have the right to take any disciplinary action necessary topromote student conduct that conforms with an orderly andeffective educational system, subject to this chapter; and
(3) have qualified immunity with respect to a disciplinary actiontaken to promote student conduct under subdivision (2) if theaction is taken in good faith and is reasonable.
(c) Students must:
(1) follow responsible directions of school personnel in alleducational settings; and
(2) refrain from disruptive behavior that interferes with theeducational environment.
As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,SEC.12.
IC 20-33-8-9
Disciplinary powers of teachers and school staff members
Sec. 9. (a) This section applies to an individual who:
(1) is a teacher or other school staff member; and
(2) has students under the individual's charge.
(b) An individual may take any action that is reasonably necessaryto carry out or to prevent an interference with an educationalfunction that the individual supervises.
(c) Subject to rules of the governing body and the administrativestaff, an individual may remove a student for a period that does notexceed five (5) school days from an educational function supervisedby the individual or another individual who is a teacher or otherschool staff member.
(d) If an individual removes a student from a class undersubsection (c), the principal may place the student in anotherappropriate class or placement or into inschool suspension. Theprincipal may not return the student to the class from which thestudent was removed until the principal has met with the student, thestudent's teacher, and the student's parents to determine anappropriate behavior plan for the student. If the student's parents donot meet with the principal and the student's teacher within areasonable amount of time, the student may be moved to anotherclass at the principal's discretion.
As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,SEC.13.
IC 20-33-8-10
Disciplinary powers of principals
Sec. 10. (a) A principal may take action concerning the principal'sschool or a school activity within the principal's jurisdiction that isreasonably necessary to carry out or prevent interference with aneducational function or school purposes.
(b) Subsection (a) allows a principal to write regulations thatgovern student conduct.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-11
Disciplinary powers of superintendents and administrative staffmembers
Sec. 11. A:
(1) superintendent; or
(2) member of the superintendent's administrative staff, with thesuperintendent's approval;
may take any action with respect to all schools within thesuperintendent's jurisdiction that is reasonably necessary to carry outor prevent interference with an educational function or schoolpurposes.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-12
Adoption of discipline rules; publicity requirement; disciplinepolicy regulations and guidelines; delegation of authority;rulemaking powers of governing body
Sec. 12. (a) Except as provided under IC 20-33-8-16, thegoverning body of a school corporation must do the following:
(1) Establish written discipline rules, which must include agraduated system of discipline and may include:
(A) appropriate dress codes; and
(B) if applicable, an agreement for court assisted resolutionof school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a schoolwhere the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available tostudents and students' parents; or
(B) delivering a copy of the discipline rules to students orthe parents of students.
This publicity requirement may not be construed technicallyand is satisfied if the school corporation makes a good faitheffort to disseminate to students or parents generally the text orsubstance of a discipline rule.
(b) The:
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and relatedguidelines in compliance with the discipline policies of the governing
body.
(c) The governing body of a school corporation may delegate:
(1) rulemaking;
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of theschool corporation.
(d) Subsection (a) does not apply to rules or directions concerningthe following:
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day to day instructions concerning the operation of aclassroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner inwhich an educational function must be administered.
However, this subsection does not prohibit the governing body fromregulating the areas listed in this subsection.
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,SEC.22; P.L.66-2009, SEC.3.
IC 20-33-8-13
Possession and self-administration of medication permitted
Sec. 13. (a) Discipline rules adopted under section 12 of thischapter must provide that a student with a chronic disease or medicalcondition may possess and self-administer medication for the chronicdisease or medical condition during the times and in the places setforth under section 14(b) of this chapter if the following conditionsare met:
(1) The student's parent has filed an authorization with thestudent's principal for the student to possess and self-administerthe medication. The authorization must include the statementdescribed in subdivision (2).
(2) A physician states in writing that:
(A) the student has an acute or chronic disease or medicalcondition for which the physician has prescribed medication;
(B) the student has been instructed in how to self-administerthe medication; and
(C) the nature of the disease or medical condition requiresemergency administration of the medication.
(b) The authorization and statement described in subsection (a)must be filed annually with the student's principal.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-13.5
Discipline rules prohibiting bullying required
Sec. 13.5. (a) Discipline rules adopted by the governing body ofa school corporation under section 12 of this chapter must:
(1) prohibit bullying; and
(2) include provisions concerning education, parental
involvement, reporting, investigation, and intervention.
(b) The discipline rules described in subsection (a) must applywhen a student is:
(1) on school grounds immediately before or during schoolhours, immediately after school hours, or at any other timewhen the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
(3) traveling to or from school or a school activity, function, orevent; or
(4) using property or equipment provided by the school.
(c) This section may not be construed to give rise to a cause ofaction against a person or school corporation based on an allegationof noncompliance with this section. Noncompliance with this sectionmay not be used as evidence against a school corporation in a causeof action.
As added by P.L.106-2005, SEC.7.
IC 20-33-8-14
Grounds for suspension or expulsion
Sec. 14. (a) The following are the grounds for student suspensionor expulsion, subject to the procedural requirements of this chapterand as stated by school corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection(a) apply when a student is:
(1) on school grounds immediately before or during schoolhours, or immediately after school hours, or at any other timewhen the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;or
(3) traveling to or from school or a school activity, function, orevent.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-15
Unlawful activity by student
Sec. 15. In addition to the grounds specified in section 14 of thischapter, a student may be suspended or expelled for engaging inunlawful activity on or off school grounds if:
(1) the unlawful activity may reasonably be considered to be aninterference with school purposes or an educational function; or
(2) the student's removal is necessary to restore order or protectpersons on school property;
including an unlawful activity during weekends, holidays, otherschool breaks, and the summer period when a student may not beattending classes or other school functions.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-16 Possession of firearms, deadly weapons, or destructive devices
Sec. 16. (a) As used in this section, "firearm" has the meaning setforth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning setforth in IC 35-41-1-8. The term does not include a firearm ordestructive device.
(c) As used in this section, "destructive device" has the meaningset forth in IC 35-47.5-2-4.
(d) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device toschool or on school property; or
(2) in possession of a firearm or destructive device on schoolproperty;
must be expelled for at least one (1) calendar year, with the return ofthe student to be at the beginning of the first school semester afterthe end of the one (1) year period.
(e) The superintendent may, on a case by case basis, modify theperiod of expulsion under subsection (d) for a student who isexpelled under this section.
(f) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or onschool property; or
(2) in possession of a deadly weapon on school property;
may be expelled for not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shallimmediately notify the appropriate law enforcement agency havingjurisdiction over the property where the school is located if a studentengages in a behavior described in subsection (d). Thesuperintendent may give similar notice if the student engages in abehavior described in subsection (f). Upon receiving notificationunder this subsection, the law enforcement agency shall begin aninvestigation and take appropriate action.
(h) A student with disabilities (as defined in IC 20-35-7-7) whopossesses a firearm on school property is subject to proceduralsafeguards under 20 U.S.C. 1415.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-17
Student's legal settlement not in attendance area
Sec. 17. A student may be expelled from school if the student'slegal settlement is not in the attendance area of the schoolcorporation where the student is enrolled.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-18
Maximum term of suspension; procedure
Sec. 18. (a) A principal may suspend a student for not more thanten (10) school days under section 14, 15, or 16 of this chapter.However, the student may be suspended for more than ten (10)school days under section 23 of this chapter. (b) A principal may not suspend a student before the principalaffords the student an opportunity for a meeting during which thestudent is entitled to the following:
(1) A written or an oral statement of the charges against thestudent.
(2) If the student denies the charges, a summary of the evidenceagainst the student.
(3) An opportunity for the student to explain the student'sconduct.
(c) When misconduct requires immediate removal of a student,the meeting under subsection (b) must begin as soon as reasonablypossible after the student's suspension.
(d) Following a suspension, the principal shall send a writtenstatement to the parent of the suspended student describing thefollowing:
(1) The student's misconduct.
(2) The action taken by the principal.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-19
Expulsion procedure; appeals
Sec. 19. (a) A superintendent of a school corporation may conductan expulsion meeting or appoint one (1) of the following to conductan expulsion meeting:
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current schoolyear; and
(B) was not involved in the events giving rise to theexpulsion.
The superintendent or a person designated under this subsection mayissue subpoenas, compel the attendance of witnesses, and administeroaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and thestudent's parent are given notice of their right to appear at anexpulsion meeting with the superintendent or a person designatedunder subsection (a). Notice of the right to appear at an expulsionmeeting must:
(1) be made by certified mail or by personal delivery;
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
(c) The individual conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at theexpulsion meeting;
(2) may take action that the individual finds appropriate; and
(3) must give notice of the action taken under subdivision (2) tothe student and the student's parent.
(d) If the student or the student's parent not later than ten (10)days of receipt of a notice of action taken under subsection (c) makesa written appeal to the governing body, the governing body: (1) shall hold a meeting to consider:
(A) the written summary of evidence prepared undersubsection (c)(1); and
(B) the arguments of the principal and the student or thestudent's parent;
unless the governing body has voted under subsection (f) not tohear appeals of actions taken under subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only undersection 21 of this chapter.
(e) A student or a student's parent who fails to request and appearat an expulsion meeting after receipt of notice of the right to appearat an expulsion meeting forfeits all rights administratively to contestand appeal the expulsion. For purposes of this section, notice of theright to appear at an expulsion meeting or notice of the action takenat an expulsion meeting is effectively given at the time when therequest or notice is delivered personally or sent by certified mail toa student and the student's parent.
(f) The governing body may vote to not hear appeals of actionstaken under subsection (c). If the governing body votes to not hearappeals, subsequent to the date on which the vote is taken, a studentor parent may appeal only under section 21 of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-20
Maximum term of expulsion; reenrollment in alternative programafter expulsion or exclusion; reinstatement review
Sec. 20. (a) Except as provided in section 16 of this chapter, astudent may not be expelled for a longer period than the remainderof the school year in which the expulsion took effect if themisconduct occurs during the first semester. If a student is expelledduring the second semester, the expulsion remains in effect forsummer school and may remain in effect for the first semester of thefollowing school year, unless otherwise modified or terminated byorder of the governing body. The appropriate authorities may requirethat a student who is at least sixteen (16) years of age and whowishes to reenroll after an expulsion or an exclusion attend analternative program.
(b) An expulsion that takes effect more than three (3) weeksbefore the beginning of the second semester of a school year must bereviewed before the beginning of the second semester. The review:
(1) shall be conducted by the superintendent or an individualdesignated under section 19(a) of this chapter after notice of thereview has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence ofchanges in the student's circumstances occurring since theoriginal meeting; and
(3) may lead to a recommendation by the person conducting thereview that the student be reinstated for the second semester.
(c) An expulsion that will remain in effect during the first
semester of the following school year must be reviewed before thebeginning of the school year. The review:
(1) shall be conducted by the superintendent or an individualdesignated under section 19(a) of this chapter after notice of thereview has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence ofchanges in the student's circumstances occurring since theoriginal meeting; and
(3) may lead to a recommendation by the individual conductingthe review that the student be reinstated for the upcomingschool year.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-21
Scope of judicial review
Sec. 21. Judicial review of a governing body's action under thischapter by the circuit or superior court of the county in which astudent who is the subject of the governing body's action resides islimited to the issue of whether the governing body acted withoutfollowing the procedure required under this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-22
Effectiveness of statute during judicial review
Sec. 22. An expulsion that has been upheld by a governing bodycontinues in effect during judicial review under section 21 of thischapter unless:
(1) the court grants a temporary restraining order under theIndiana Rules of Civil Procedure; and
(2) the school corporation was given the opportunity to appearat the hearing regarding the temporary restraining order.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-23
Suspension pending expulsion decision
Sec. 23. The superintendent or the person designated by thesuperintendent under section 19(a) of this chapter may continuesuspension of a student for more than the ten (10) school day periodof the principal's suspension and until the time of the expulsiondecision under section 19 of this chapter if the superintendent or thedesignated person determines that the student's continued suspensionwill prevent or substantially reduce the risk of:
(1) interference with an educational function or schoolpurposes; or
(2) a physical injury to the student, other students, schoolemployees, or visitors to the school.
However, a student may not be suspended from school pending ameeting on a student's proposed expulsion if the expulsion is orderedunder section 17 of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-24
Requirements for reenrollment after expulsion
Sec. 24. (a) This section applies to a student who:
(1) is at least sixteen (16) years of age; and
(2) wishes to reenroll after an expulsion.
(b) A principal may require a student to attend one (1) or more ofthe following:
(1) An alternative school or alternative educational program.
(2) Evening classes.
(3) Classes established for students who are at least sixteen (16)years of age.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-25
Additional disciplinary actions authorized
Sec. 25. (a) This section applies to an individual who:
(1) is a member of the administrative staff, a teacher, or otherschool staff member; and
(2) has students under the individual's charge.
(b) An individual may take disciplinary action instead of or inaddition to suspension and expulsion that is necessary to ensure asafe, orderly, and effective educational environment. Disciplinaryaction under this section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
(3) Assigning additional work.
(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular schoolhours:
(A) to do additional school work; or
(B) for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's classfor a period not to exceed:
(A) five (5) class periods for middle, junior high, or highschool students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work tocomplete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where therecipient of the disciplinary action is enrolled of not more thanone hundred twenty (120) hours of service with a nonprofitorganization operating in or near the community where theschool is located or where the student resides. The followingapply to service assigned under this subdivision:
(A) A principal may not assign a student under this
subdivision unless the student's parent approves:
(i) the nonprofit organization where the student isassigned; and
(ii) the plan described in clause (B)(i).
A student's parent may request or suggest that the principalassign the student under this subdivision.
(B) The principal shall make arrangements for the student'sservice with the nonprofit organization. Arrangements mustinclude the following:
(i) A plan for the service that the student is expected toperform.
(ii) A description of the obligations of the nonprofitorganization to the student, the student's parents, and theschool corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service bythe principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to theprincipal and the student's parent or guardian of thestudent's performance of the service.
(C) The nonprofit organization must obtain liabilityinsurance in the amount and of the type specified by theschool corporation where the student is enrolled that issufficient to cover liabilities that may be incurred by astudent who performs service under this subdivision.
(D) Assignment of service under this subdivision suspendsthe implementation of a student's suspension or expulsion.A student's completion of service assigned under thissubdivision to the satisfaction of the principal and thenonprofit organization terminates the student's suspension orexpulsion.
(10) Removal of a student from school sponsoredtransportation.
(11) Referral to the juvenile court having jurisdiction over thestudent.
(c) As used in this subsection, "physical assault" means theknowing or intentional touching of another person in a rude, insolent,or angry manner. When a student physically assaults a person havingauthority over the student, the principal of the school where thestudent is enrolled shall refer the student to the juvenile court havingjurisdiction over the student. However, a student with disabilities (asdefined in IC 20-35-7-7) who physically assaults a person havingauthority over the student is subject to procedural safeguards under20 U.S.C. 1415.
As added by P.L.1-2005, SEC.17. Amended by P.L.66-2009, SEC.4.
IC 20-33-8-26
Rules requiring participation in disciplinary action by personcaring for dependent student
Sec. 26. (a) The governing body of a school corporation mayadopt rules that require a person having care of a dependent student
to participate in an action taken under this chapter in connection witha student's behavior. The rules must include the following:
(1) Procedures for giving actual notice to the person having careof the dependent student.
(2) A description of the steps that the person must take toparticipate in the school corporation's action.
(3) A description of the additional actions in connection withthe student's behavior that are justified in part or in full if theperson does not participate in the school corporation's action.
(b) A dependent student is a child in need of services underIC 31-34-1-7 if, before the student child becomes eighteen (18) yearsof age:
(1) the student's parent fails to participate in a disciplinaryproceeding in connection with the student's improper behavior,as provided for by this section, if the behavior of the student hasbeen repeatedly disruptive in the school; and
(2) the student needs care, treatment, or rehabilitation that thechild:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without thecoercive intervention of the court.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-27
Supplemental procedures authorized
Sec. 27. The governing body of a school corporation may by rule:
(1) amplify;
(2) supplement; or
(3) extend;
the procedures provided in this chapter in any manner that isconsistent with this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-28
Waiver of rights
Sec. 28. Any rights granted to a student or a student's parent bythis chapter may be waived only by a written instrument signed byboth the student and the student's parent. The waiver is valid if made:
(1) voluntarily; and
(2) with the knowledge of the:
(A) procedures available under this chapter; and
(B) consequences of the waiver.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-29
Special schools
Sec. 29. (a) As used in this section, "special school" includes thefollowing:
(1) A career and technical education school.
(2) A special education school or program. (3) An alternative school or program.
(b) To the extent possible, this chapter applies to a special school.
(c) The governing body of a special school may make necessarymodifications to the responsibilities of school personnel under thischapter to accommodate the administrative structure of a specialschool.
(d) In addition to a disciplinary action imposed by a specialschool, the principal of the school where a student is enrolled maywithout additional procedures adopt a disciplinary action or decisionof a special school as a disciplinary action of the school corporation.
As added by P.L.1-2005, SEC.17. Amended by P.L.234-2007,SEC.119.
IC 20-33-8-30
Enrollment in another school corporation or charter school duringperiod of expulsion or proposed expulsion
Sec. 30. (a) This section applies to the following:
(1) A student who:
(A) is expelled from a school corporation or charter schoolunder this chapter; or
(B) withdraws from a school corporation or charter schoolto avoid expulsion.
(2) A student who:
(A) is required to separate for disciplinary reasons from anonpublic school or a school in a state other than Indiana bythe administrative authority of the school; or
(B) withdraws from a nonpublic school or a school in a stateother than Indiana in order to avoid being required toseparate from the school for disciplinary reasons by theadministrative authority of the school.
(b) The student referred to in subsection (a) may enroll in anotherschool corporation or charter school during the period of the actualor proposed expulsion or separation if:
(1) the student's parent informs the school corporation in whichthe student seeks to enroll and also:
(A) in the case of a student withdrawing from a charterschool that is not a conversion charter school to avoidexpulsion, the conversion charter school; or
(B) in the case of a student withdrawing from a conversioncharter school to avoid expulsion:
(i) the conversion charter school; and
(ii) the school corporation that sponsored the conversioncharter school;
of the student's expulsion, separation, or withdrawal to avoidexpulsion or separation;
(2) the school corporation (and, in the case of a studentwithdrawal described in subdivision (1)(A) or (1)(B), thecharter school) consents to the student's enrollment; and
(3) the student agrees to the terms and conditions of enrollmentestablished by the school corporation (or, in the case of a
student withdrawal described in subdivision (1)(A) or (1)(B),the charter school or conversion charter school).
(c) If:
(1) a student's parent fails to inform the school corporation ofthe expulsion or separation or withdrawal to avoid expulsion orseparation; or
(2) a student fails to follow the terms and conditions ofenrollment under subsection (b)(3);
the school corporation or charter school may withdraw consent andprohibit the student's enrollment during the period of the actual orproposed expulsion or separation.
(d) Before a consent is withdrawn under subsection (c) the studentmust have an opportunity for an informal meeting before theprincipal of the student's proposed school. At the informal meeting,the student is entitled to:
(1) a written or an oral statement of the reasons for thewithdrawal of the consent;
(2) a summary of the evidence against the student; and
(3) an opportunity to explain the student's conduct.
(e) This section does not apply to a student who is expelled undersection 17 of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-31
Effect of suspension or expulsion on compulsory attendance laws
Sec. 31. If a student is suspended or expelled from school or fromany educational function under this chapter, the student's absencefrom school because of the suspension or expulsion is not a violationof:
(1) IC 20-33-2; or
(2) any other statute relating to compulsory school attendance.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-32
Locker searches
Sec. 32. (a) A school corporation must provide each:
(1) student; and
(2) student's parent;
a copy of the rules of the governing body on searches of students'lockers and locker contents.
(b) A student who uses a locker that is the property of a schoolcorporation is presumed to have no expectation of privacy in:
(1) that locker; or
(2) the locker's contents.
(c) In accordance with the rules of the governing body, a principalmay search:
(1) a student's locker; and
(2) the locker's contents;
at any time.
(d) A law enforcement agency having jurisdiction over the
geographic area having a school facility containing a student's lockermay:
(1) at the request of the school principal; and
(2) in accordance with rules of the governing body of the schoolcorporation;
assist a school administrator in searching a student's locker and thelocker's contents.
As added by P.L.1-2005, SEC.17.
IC 20-33-8-33
Duty to submit information to bureau of motor vehicles
Sec. 33. Before February 1 and before October 1 of each year,except when a hearing has been requested to determine financialhardship under IC 9-24-2-1(a)(4), a principal shall submit to thebureau of motor vehicles the pertinent information concerning anindividual's ineligibility under IC 9-24-2-1 to be issued a driver'slicense or learner's permit, or concerning the invalidation of a licenseor permit under IC 9-24-2-4.
As added by P.L.1-2005, SEC.17. Amended by P.L.231-2005,SEC.44.
IC 20-33-8-34
Disciplinary action for children with disabilities
Sec. 34. (a) Notwithstanding any other law, a suspension, anexpulsion, or another disciplinary action against a student who is achild with a disability (as defined in IC 20-35-1-2) is subject to the:
(1) procedural requirements of 20 U.S.C. 1415; and
(2) rules adopted by the state board.
(b) The division of special education shall propose rules underIC 20-35-2-1(b)(5) to the state board for adoption under IC 4-22-2governing suspensions, expulsions, and other disciplinary action fora student who is a child with a disability (as defined in IC 20-35-1-2).
As added by P.L.1-2005, SEC.17.