IC 20-33-8.5
Chapter 8.5. Court Assisted Resolution of Suspension and
Expulsion 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 juvenile
jurisdiction
Sec. 2. A superintendent and a court having juvenile jurisdiction
in the county may enter into a voluntary agreement (referred to as the
"agreement" in this chapter) for court assisted resolution of school
suspension and expulsion cases. The agreement may require the
court to supervise or provide for the supervision of an expelled or
suspended student who has been referred to the court by the school
corporation 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 more
of the following:
(1) Establish a flexible program for the supervision of a student
who 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 to
participate in a school program (including an alternative
educational program) for the supervision of a student who has
been 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 corporation
do one (1) or more of the following:
(1) Define the violation for which a student who has been
suspended or expelled shall be referred to the court.
(2) Refer a student who has been suspended or expelled for a
violation described in subdivision (1) to the court.
(3) Establish a school program (including an alternative
educational program) for the supervision of a student who has
been suspended or expelled.
(b) If a school corporation enters into an agreement, the discipline
rules adopted by the school corporation under IC 20-33-8-12 must
specify the violations for which a student may be referred to the
court 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 of
supervising a student who has been suspended or expelled are
funded. A school corporation may not be required to expend more
than the transition to foundation amount (as determined under
IC 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 the
court, in a setting agreed upon by the court and the school system, as
soon as practicable following the student's referral to the court, after
notice 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 of
services
Sec. 7. A hearing under this chapter is not a hearing to determine
whether a student who has been suspended or expelled is a child in
need of services. However, if a court determines that a student who
has 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 the
prosecuting 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 may
be 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 court
proceedings
Sec. 9. A student's appearance in court under this chapter shall not
be used against the child or the child's parents or guardians in any
subsequent court proceeding, including but not limited to any
delinquency 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-school
suspension 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, a
suspension, an expulsion, or a referral of a student who is a child
with 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 process
rights to which the child may be entitled. As added by P.L.242-2005, SEC.23.
IC 20-33-8.5
Chapter 8.5. Court Assisted Resolution of Suspension and
Expulsion 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 juvenile
jurisdiction
Sec. 2. A superintendent and a court having juvenile jurisdiction
in the county may enter into a voluntary agreement (referred to as the
"agreement" in this chapter) for court assisted resolution of school
suspension and expulsion cases. The agreement may require the
court to supervise or provide for the supervision of an expelled or
suspended student who has been referred to the court by the school
corporation 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 more
of the following:
(1) Establish a flexible program for the supervision of a student
who 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 to
participate in a school program (including an alternative
educational program) for the supervision of a student who has
been 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 corporation
do one (1) or more of the following:
(1) Define the violation for which a student who has been
suspended or expelled shall be referred to the court.
(2) Refer a student who has been suspended or expelled for a
violation described in subdivision (1) to the court.
(3) Establish a school program (including an alternative
educational program) for the supervision of a student who has
been suspended or expelled.
(b) If a school corporation enters into an agreement, the discipline
rules adopted by the school corporation under IC 20-33-8-12 must
specify the violations for which a student may be referred to the
court 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 of
supervising a student who has been suspended or expelled are
funded. A school corporation may not be required to expend more
than the transition to foundation amount (as determined under
IC 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 the
court, in a setting agreed upon by the court and the school system, as
soon as practicable following the student's referral to the court, after
notice 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 of
services
Sec. 7. A hearing under this chapter is not a hearing to determine
whether a student who has been suspended or expelled is a child in
need of services. However, if a court determines that a student who
has 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 the
prosecuting 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 may
be 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 court
proceedings
Sec. 9. A student's appearance in court under this chapter shall not
be used against the child or the child's parents or guardians in any
subsequent court proceeding, including but not limited to any
delinquency 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-school
suspension 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, a
suspension, an expulsion, or a referral of a student who is a child
with 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 process
rights to which the child may be entitled. As added by P.L.242-2005, SEC.23.
IC 20-33-8.5
Chapter 8.5. Court Assisted Resolution of Suspension and
Expulsion 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 juvenile
jurisdiction
Sec. 2. A superintendent and a court having juvenile jurisdiction
in the county may enter into a voluntary agreement (referred to as the
"agreement" in this chapter) for court assisted resolution of school
suspension and expulsion cases. The agreement may require the
court to supervise or provide for the supervision of an expelled or
suspended student who has been referred to the court by the school
corporation 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 more
of the following:
(1) Establish a flexible program for the supervision of a student
who 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 to
participate in a school program (including an alternative
educational program) for the supervision of a student who has
been 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 corporation
do one (1) or more of the following:
(1) Define the violation for which a student who has been
suspended or expelled shall be referred to the court.
(2) Refer a student who has been suspended or expelled for a
violation described in subdivision (1) to the court.
(3) Establish a school program (including an alternative
educational program) for the supervision of a student who has
been suspended or expelled.
(b) If a school corporation enters into an agreement, the discipline
rules adopted by the school corporation under IC 20-33-8-12 must
specify the violations for which a student may be referred to the
court 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 of
supervising a student who has been suspended or expelled are
funded. A school corporation may not be required to expend more
than the transition to foundation amount (as determined under
IC 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 the
court, in a setting agreed upon by the court and the school system, as
soon as practicable following the student's referral to the court, after
notice 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 of
services
Sec. 7. A hearing under this chapter is not a hearing to determine
whether a student who has been suspended or expelled is a child in
need of services. However, if a court determines that a student who
has 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 the
prosecuting 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 may
be 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 court
proceedings
Sec. 9. A student's appearance in court under this chapter shall not
be used against the child or the child's parents or guardians in any
subsequent court proceeding, including but not limited to any
delinquency 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-school
suspension 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, a
suspension, an expulsion, or a referral of a student who is a child
with 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 process
rights to which the child may be entitled. As added by P.L.242-2005, SEC.23.
