Indiana Compilation Of School Discipline Laws And Regulations

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IndianaCompilation of SchoolDiscipline Laws andRegulationsPrepared: January 31, 2020

IntroductionThis compilation presents school discipline-related laws and regulations for U.S. states, U.S. territories,and the District of Columbia, and, where available, links to education agency websites or resourcesrelated to school discipline and student conduct. The discipline laws and regulations presented in thiscompilation have been categorized by type of specific discipline issue covered, according to anorganizational framework developed by the National Center for Safe and Supportive LearningEnvironments (NCSSLE). For example, one major category encompasses all laws or regulationsgoverning states or territories that mandate specific disciplinary sanctions (such as suspension) forspecific offenses (such as drug possession on school grounds). The school discipline laws andregulations were compiled through exhaustive searches of legislative websites that identified all laws andregulations relevant to each specific category. Compiled materials were subsequently reviewed by stateeducation agency (SEA) representatives in the 50 states, Washington D.C., and the U.S. territories.Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiplecategories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevantsections were excerpted from the larger legislative text for inclusion in the appropriate discipline category.Laws, ordered by chapter and section number, appear first within each category followed by regulations.All laws and regulations listed within categories in the compilation also appear in the sources cited sectionof the document, which lists laws by chapter and section number and title, and where available, includesactive hyperlinks to source websites supported or maintained by state legislatures. Additional links togovernment websites or resources are provided at the end of this document.Notes & DisclaimersTo the best of the preparer’s knowledge, this Compilation of School Discipline Laws and Regulations iscomplete and current as of January 2020. Readers should also note that the information in this documentwas compiled from individual sources that are created by each jurisdiction and which are maintained andupdated with varying frequencies. Readers should consult the source information provided directly inorder to check for updates to laws and regulations reported in this document or to conduct furtherresearch.For further information, including definitions of the different policy categories, please refer to the DisciplineLaws and Regulations Compendium posted on the Center’s website.Prepared by:Child TrendsEMT Associates, Inc.7315 Wisconsin Avenue1631 Creekside DriveSuite 1200WSuite 100Bethesda, Maryland 20814Folsom, California 95630

Table of ContentsIndiana State Codes Cited . 1General Provisions . 7Authority to develop and establish rules of conduct . 7Scope . 8Communication of policy . 10In-School Discipline. 11Use of multi-tiered discipline approaches . 11Teacher authority to remove students from classrooms . 11Alternatives to suspension . 11Use of corporal punishment . 13Use of student and locker searches . 13Other in-school disciplinary approaches . 13Out-of-School and Exclusionary Discipline: Suspensions, Expulsion, Restraint andSeclusion, and Alternative Placements . 14Grounds for possible suspension or expulsion . 14Grounds for mandatory suspension or expulsion . 14Limitations, conditions or exclusions for use of suspension and expulsion . 15Administrative procedures related to suspension and expulsion . 16In-school suspension . 19Return to school following removal . 20Use of restraint and seclusion . 21Alternative placements . 32Disciplinary Approaches Addressing Specific Infractions and Conditions . 35Firearms (as required by the Gun-Free Schools Act) . 35Other weapons . 36Students with chronic disciplinary issues . 37Attendance and truancy . 37Substance use . 38Bullying, harassment, or hazing . 39Other special infractions or conditions . 42Prevention and Behavioral Interventions (Non-Punitive) . 44Prevention . 44Behavioral interventions and student support services . 47Professional development . 49Monitoring and Accountability . 54Formal incident reporting of conduct violations . 54Parental notification. 54Reporting and referrals between schools and law enforcement . 56Disclosure of school records . 58Data collection, review, and reporting of disciplinary policies and actions . 59

School Resource and Safety Officers (SROs/SSOs) and Truant/Attendance Officers . 66Authority and power to implement school arrest . 66Certification or training . 67MOUs, authorization, and/or funding. 68State Education Agency Support . 74State model policies and implementation support . 74Funding appropriations . 76Other or Uncategorized . 80Professional immunity or liability . 80Community input or involvement . 81Other or Uncategorized . 85State-Sponsored, Publicly Available Websites or Other Resources on School Discipline . 88

Indiana State Codes CitedIndiana Revised LawsIndiana CodeTitle 5. State and Local AdministrationArticle 2. Law EnforcementChapter 10. State Drug Free Communities FundIC 5-2-10-2.IC 5-2-10-6.Purpose; composition of fundApplications for grants; comprehensive drug free communities planChapter 10.1. Indiana Safe Schools FundIC 5-2-10.1-2.IC 5-2-10.1-11.IC 5-2-10.1-12.Purpose and composition of fund; grant priorities and amountsSchool safety specialist training and certification programSafe school committees; school plans; copies of floor plans to law enforcementagency and fire departmentTitle 10. Public SafetyArticle 21. School SafetyChapter 1. School SafetyIC 10-21-1-2.IC 10-21-1-4.IC 10-21-1-4.5.Indiana secured school fundMatching grants for school safetyActive event warning system - SpecificationsChapter 1.5. School Emergency Response SystemsIC 10-21-1.5-1.IC 10-21-1.5-2.IC 10-21-1.5-3.IC 10-21-1.5-4."Department""Emergency response system""School property"Emergency response system guidelinesTitle 20. EducationArticle 19. State Administration of Elementary and Secondary EducationChapter 3. Department of EducationIC 20-19-3-4.IC 20-19-3-10.IC 20-19-3-11.5.IC 20-19-3-12.IC 20-19-3-12.2.Duties of department; suspension and expulsion statistics; provision of datanecessary for audit or evaluation of education programs; identification numbers fornew schoolsDating violence educational materialsCyberbullying resourcesIdentification, development, and availability of model educational materials oncriminal organization activityReduction in absenteeism; policy priority; resources and guidanceIndiana Compilation of School Discipline Laws and RegulationsPage 1

Article 20. Programs Administered by the StateChapter 8. School Corporation Annual Performance ReportIC 20-20-8-8.Report informationChapter 40. Restraint and Seclusion CommissionIC 20-20-40-1.IC 20-20-40-2.IC 20-20-40-3.IC 20-20-40-4.IC 20-20-40-5.IC 20-20-40-6.IC 20-20-40-7.IC 20-20-40-8.IC 20-20-40-9.IC 20-20-40-10.IC 20-20-40-11.IC 20-20-40-12.IC 20-20-40-13.IC 20-20-40-14.IC 20-20-40-15.IC 20-20-40-16."Behavioral intervention plan""Chemical restraint""Commission""Mechanical restraint""Physical restraint""Positive behavior intervention and support""School corporation""School employee""Seclusion""Time-out"Establishment of the commission on seclusion and restraintChairperson; meetings; votes and actions of the commissionDuties; rules; notice requirement; training; elements of the restraint and seclusionplanAdoption of restraint and seclusion plan; submission of plansImmunityRulemakingArticle 26. School Corporations: General Administrative ProvisionsChapter 5. General Powers and DutiesIC 20-26-5-32.IC 20-26-5-33.IC 20-26-5-34.2.IC 20-26-5-34.4.Involvement of parents with discipline plan; department’s model discipline planPrograms concerning consequences of sharing sexually suggestive or explicitmaterials through digital mediaBullying prevention; training for employees and volunteersChild suicide awareness and prevention policyChapter 16. School Corporation Police DepartmentsIC 20-26-16-1.IC 20-26-16-2.IC 20-26-16-3.IC 20-26-16-4.IC 20-26-16-5.IC 20-26-16-6.IC 20-26-16-7.ApplicationAuthority to establish police departmentAuthority to appoint officers; uniforms; vehiclesMinimum training requirementsTraining for certain officersSchool corporation police officers; oath; powers and duties; jurisdictionExisting school corporation police departmentsChapter 18. Criminal Gang MeasuresIC 20-26-18-1.IC 20-26-18-2.IC 20-26-18-3.IC 20-26-18-4.IC 20-26-18-5.IC 20-26-18-6.ApplicationEstablishment of written policyPublication of policyEstablishment of education programsEstablishment of criminal organization intervention programReporting requirementsIndiana Compilation of School Discipline Laws and RegulationsPage 2

Chapter 18.2. School Resource OfficersIC 20-26-18.2-1.IC 20-26-18.2-2.IC 20-26-18.2-3."School resource officer"Employment of school resource officer; dutiesSchool resource officer's police powersArticle 28. School TeachersChapter 3. Teacher Education and Continuing EducationIC 20-28-3-0.3.IC 20-28-3-3.IC 20-28-3-3.5.IC 20-28-3-4.IC 20-28-3-6.DefinitionsGuidelines for teacher educationIncorporation of methods to establish culturally responsive school climatesContinuing educationYouth suicide awareness and prevention trainingArticle 30. CurriculumChapter 5. Mandatory CurriculumIC 20-30-5-5.5.IC 20-30-5-11.Bullying prevention; student instructionAlcoholic beverages, tobacco, prescription drugs, and controlled substances;instruction in kindergarten through grade 12Chapter 8. Alternative Program for Certain StudentsIC 20-30-8-1.IC 20-30-8-10.IC 20-30-8-13."Alternative education program"Criteria for placement of students in programDepartment to encourage and assist in establishing program; program for chronicallydisruptive studentsArticle 33. Students General ProvisionsChapter 2. Compulsory School AttendanceIC 20-33-2-23.IC 20-33-2-24.IC 20-33-2-25.IC 20-33-2-26.IC 20-33-2-31.IC 20-33-2-35.IC 20-33-2-38.IC 20-33-2-39.IC 20-33-2-40.IC 20-33-2-41.IC 20-33-2-42.IC 20-33-2-43.Powers of certain officers to take children into custodyPrincipal; duties when truant child receivedHabitual absence from school; report to juvenile intake officer or department of childservicesEnforcement of chapterAttendance officers; appointmentEx officio attendance officersAttendance officers; appointment of additional officersAttendance officers; dutiesAttendance officers; special powersAttendance officers; licensing required; exceptionAttendance; duties of state superintendent of public instructionState attendance officers; appointment; removal; duties; powersChapter 8. Student DisciplineIC 20-33-8-0.2.IC 20-33-8-3.IC 20-33-8-4.IC 20-33-8-5.IC 20-33-8-7."Bullying""Expulsion""School purposes""School property""Suspension"Indiana Compilation of School Discipline Laws and RegulationsPage 3

IC 20-33-8-8.IC 20-33-8-9.IC 20-33-8-10.IC 20-33-8-11.IC 20-33-8-12.IC 20-33-8-13.5.IC 20-33-8-14.IC 20-33-8-15.IC 20-33-8-16.IC 20-33-8-17.IC 20-33-8-18.IC 20-33-8-19.IC 20-33-8-20.IC 20-33-8-21.IC 20-33-8-22.IC 20-33-8-23.IC 20-33-8-24.IC 20-33-8-25.IC 20-33-8-26.IC 20-33-8-27.IC 20-33-8-28.IC 20-33-8-29.IC 20-33-8-30.IC 20-33-8-31.IC 20-33-8-32.IC 20-33-8-33.IC 20-33-8-34.Duty and powers of school corporation to supervise and discipline studentsDisciplinary powers of teachers and school staff membersDisciplinary powers of principalsDisciplinary powers of superintendents and administrative staff membersAdoption of discipline rules; publicity requirement; discipline policy regulations andguidelines; delegation of authority; rulemaking powers of governing bodyDiscipline rules prohibiting bullying requiredGrounds for suspension or expulsionUnlawful activity by studentPossession of firearms, deadly weapons, or destructive devicesStudent's legal settlement not in attendance areaMaximum term of suspension; procedure; student assignmentsExpulsion procedure; appeals; preparation of listMaximum term of expulsion; reenrollment in alternative program after expulsion orexclusion; reinstatement reviewScope of judicial reviewEffectiveness of statute during judicial reviewSuspension pending expulsion decisionRequirements for reenrollment after expulsionAdditional disciplinary actions authorizedRules requiring participation in disciplinary action by person caring for dependentstudentSupplemental procedures authorizedWaiver of rightsSpecial schoolsEnrollment in another school corporation or charter school during period of expulsionor proposed expulsionEffect of suspension or expulsion on compulsory attendance lawsLocker searchesSubmission of information to bureau of motor vehiclesDisciplinary action for children with disabilitiesChapter 8.5. Court Assisted Resolution of Suspension and Expulsion CasesIC 20-33-8.5-1.IC 20-33-8.5-2.IC 20-33-8.5-3.IC 20-33-8.5-4.IC 20-33-8.5-5.IC 20-33-8.5-6.IC 20-33-8.5-7.IC 20-33-8.5-8.IC 20-33-8.5-9.IC 20-33-8.5-10.IC 20-33-8.5-11.IC 20-33-8.5-12.ApplicabilityAgreement between superintendent and court having juvenile jurisdictionAgreement; court's responsibilitiesAgreement; school corporation's responsibilitiesAgreement; payment of expensesInformal hearing before courtHearing not a determination of whether student is child in need of servicesPresence of parent or guardian at hearingAppearance of student not to be used in subsequent court proceedingsExpungement of court recordStudent with disability; procedural requirementsChild not deprived of due process rightsChapter 9. Reporting RequirementsIC 20-33-9-1.IC 20-33-9-5.Application of chapterControlled substance violations; reports by school employeesIndiana Compilation of School Discipline Laws and RegulationsPage 4

IC 20-33-9-6.IC 20-33-9-7.IC 20-33-9-8.IC 20-33-9-9.IC 20-33-9-10.IC 20-33-9-10.5.IC 20-33-9-11.IC 20-33-9-12.IC 20-33-9-13.IC 20-33-9-14.IC 20-33-9-15.IC 20-33-9-16.Controlled substance violations; reports by members of administrative staffsPrivileged or confidential informationImmunity from civil liability; presumption of good faithPrograms to implement chapterDuty to report threatCriminal organization activity; duty to report; maintaining safe school environmentProcedure to make reportRelief of obligation to reportOral report to local law enforcement agencyImmunity from liabilityLiabilityGood faithArticle 34. Student Health and Safety MeasuresChapter 6. Student Safety ReportingIC 20-34-6-1.IC 20-34-6-2.School corporation reports; department reports.Notice of reporting requirements; auditsTitle 35. Criminal Law and ProcedureArticle 42. Offenses Against the PersonChapter 2. Battery and Related OffensesIC 35-42-2-2.5.Hazing; good faith reportingArticle 47. Weapons and Instruments of ViolenceChapter 9. Possession of Firearms on School Property and School BusesIC 35-47-9-2.Possession of firearms on school property or on a school bus; defense to aprosecution; possession of firearms in a mo

Indiana Compilation of School Discipline Laws and Regulations Page 2 Article 20. Programs Administered by the State Chapter 8. School Corporation Annual Performance Report IC 20-20-8-8. Report information Chapter 40. Restraint and Seclusion Commission IC 20-20-40-1. "Behavioral intervention plan" IC 20-20-40-2. "Chemical restraint" IC 20-20-40-3.

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Indiana State University 2 5.0% University of Southern Indiana 0 0.0% Indiana University-Bloomington 6 15.0% Indiana University-East 0 0.0% Indiana University-Kokomo 1 2.5% Indiana University-Northwest 0 0.0% Indiana University-Purdue University-Indianapolis 4 10.0% Indiana University-South Bend 0 0.0% Indiana University-Southeast 1 2.5%

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