IC 20-33-8.5
    Chapter 8.5. Court Assisted Resolution of Suspension andExpulsion Cases

IC 20-33-8.5-1
Applicability
    Sec. 1. This chapter does not apply to a nonpublic school.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-2
Agreement between superintendent and court having juvenilejurisdiction
    Sec. 2. A superintendent and a court having juvenile jurisdictionin the county may enter into a voluntary agreement (referred to as the"agreement" in this chapter) for court assisted resolution of schoolsuspension and expulsion cases. The agreement may require thecourt to supervise or provide for the supervision of an expelled orsuspended student who has been referred to the court by the schoolcorporation in accordance with the terms of the agreement.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-3
Agreement; court's responsibilities
    Sec. 3. The agreement may require that a court do one (1) or moreof the following:
        (1) Establish a flexible program for the supervision of a studentwho has been suspended or expelled.
        (2) Supervise a student who has been suspended or expelled.
        (3) Require a student who has been suspended or expelled toparticipate in a school program (including an alternativeeducational program) for the supervision of a student who hasbeen suspended or expelled.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-4
Agreement; school corporation's responsibilities
    Sec. 4. (a) The agreement may require that a school corporationdo one (1) or more of the following:
        (1) Define the violation for which a student who has beensuspended or expelled shall be referred to the court.
        (2) Refer a student who has been suspended or expelled for aviolation described in subdivision (1) to the court.
        (3) Establish a school program (including an alternativeeducational program) for the supervision of a student who hasbeen suspended or expelled.
    (b) If a school corporation enters into an agreement, the disciplinerules adopted by the school corporation under IC 20-33-8-12 mustspecify the violations for which a student may be referred to thecourt under the agreement.
As added by P.L.242-2005, SEC.23.
IC 20-33-8.5-5
Agreement; payment of expenses
    Sec. 5. The agreement must provide how the expenses ofsupervising a student who has been suspended or expelled arefunded. A school corporation may not be required to expend morethan the transition to foundation amount (as determined underIC 20-43-5-6) for each student referred under the agreement.
As added by P.L.242-2005, SEC.23. Amended by P.L.2-2006,SEC.156; P.L.234-2007, SEC.228; P.L.182-2009(ss), SEC.321.

IC 20-33-8.5-6
Informal hearing before court
    Sec. 6. A student shall be given an informal hearing before thecourt, in a setting agreed upon by the court and the school system, assoon as practicable following the student's referral to the court, afternotice of the hearing has been provided to the student's parent.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-7
Hearing not a determination of whether student is child in need ofservices
    Sec. 7. A hearing under this chapter is not a hearing to determinewhether a student who has been suspended or expelled is a child inneed of services. However, if a court determines that a student whohas been suspended or expelled may:
        (1) be a child in need of services (as described in IC 31-34-1);or
        (2) have committed a delinquent act (as described in IC 31-37);
the court may notify the office of family and children or theprosecuting attorney.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-8
Presence of parent or guardian at hearing
    Sec. 8. A parent or guardian has the right to be present and maybe required to be present during the student's appearance.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-9
Appearance of student not to be used in subsequent courtproceedings
    Sec. 9. A student's appearance in court under this chapter shall notbe used against the child or the child's parents or guardians in anysubsequent court proceeding, including but not limited to anydelinquency or child in need of services matter under IC 31.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-10
Expungement of court record
    Sec. 10. All records of the student's court appearance shall be

expunged upon the student's completion of the out-of-schoolsuspension or expulsion program.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-11
Student with disability; procedural requirements
    Sec. 11. Notwithstanding the terms of the agreement, asuspension, an expulsion, or a referral of a student who is a childwith a disability (as defined in IC 20-1-6-1) is subject to the:
        (1) procedural requirements of 20 U.S.C. 1415; and
        (2) rules adopted by the Indiana state board of education.
As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-12
Child not deprived of due process rights
    Sec. 12. This chapter does not deprive a child of any due processrights to which the child may be entitled.
As added by P.L.242-2005, SEC.23.