Bill Text: IN HB1421 | 2013 | Regular Session | Introduced
Bill Title: Student discipline.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Education [HB1421 Detail]
Download: Indiana-2013-HB1421-Introduced.html
Citations Affected: IC 20-19-3-12; IC 20-26-5-32; IC 20-33-8-30.
Synopsis: Student discipline. Requires the department of education to
compile and report to the public information received from school
corporations concerning student disciplinary actions, disaggregated by
race, ethnicity, gender, and discipline categories. Provides that if the
information reported by a school corporation indicates rates of
discipline that exceed disproportionality criteria developed by the
department, the department shall work with the school corporation to
take corrective action. Requires the department to develop a searchable
data base concerning out-of-school suspensions and expulsions.
Requires the civil rights commission to annually use the information in
the data base to identify school corporations with disproportionate
out-of-school suspension and expulsion rates and to take appropriate
action. Requires that a school corporation's discipline plan include
collection, review, and reporting to the department on an annual basis
of school behavioral and disciplinary problems, arrests, and referrals
to the juvenile justice system, disaggregated on the basis of race,
ethnicity, and gender under guidelines for determining the existence of
disproportionality in discipline or inappropriately high rates of
suspension or expulsion. Provides that a student who seeks to enroll in
another school while expelled or to avoid being expelled may be
subject only to the same terms and conditions of enrollment as a
student who is currently enrolled in the school.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) If the information reported by a school corporation under subsection (a) indicates rates of out-of-school suspension and expulsion that exceed criteria under guidelines developed by the department for determining the existence of disproportionality in discipline or inappropiately high rates of out-of-school suspension or expulsion, the department shall work with the school corporation to develop a corrective action plan to reduce the disproportionality until the criteria are no longer exceeded.
(c) The department shall develop guidelines for the use of the information reported under subsection (a) in developing a
searchable data base concerning the history and current status of
disproportionality in out-of-school suspensions and expulsions in
school corporations.
(d) The civil rights commission shall use the information in the
data base annually to identify school corporations with
disproportionate use of out-of-school suspensions and expulsions
and make appropriate recommendations to the school
corporations.
(1) develop; and
(2) review periodically;
an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department.
(b) The plan must provide for collection, review, and reporting to the department on an annual basis of school behavioral and disciplinary problems, arrests, and referrals to the juvenile justice system, disaggregated on the basis of race, ethnicity, and gender under guidelines for determining the existence of disproportionality in discipline or inappropriately high rates of out-of-school suspension or expulsion developed by the department under IC 20-19-3-12.
(1) A student who:
(A) is expelled from a school corporation or charter school under this chapter; or
(B) withdraws from a school corporation or charter school to avoid expulsion.
(2) A student who:
(A) is required to separate for disciplinary reasons from a nonpublic school or a school in a state other than Indiana by the administrative authority of the school; or
(B) withdraws from a nonpublic school or a school in a state other than Indiana in order to avoid being required to separate from the school for disciplinary reasons by the administrative authority of the school.
(b) The student referred to in subsection (a) may enroll in another
school corporation or charter school during the period of the actual or
proposed expulsion or separation if:
(1) the student's parent informs the school corporation in which
the student seeks to enroll and also:
(A) in the case of a student withdrawing from a charter school
that is not a conversion charter school to avoid expulsion, the
conversion charter school; or
(B) in the case of a student withdrawing from a conversion
charter school to avoid expulsion:
(i) the conversion charter school; and
(ii) the school corporation that sponsored the conversion
charter school;
of the student's expulsion, separation, or withdrawal to avoid
expulsion or separation;
(2) the school corporation (and, in the case of a student
withdrawal described in subdivision (1)(A) or (1)(B), the charter
school) consents to the student's enrollment; and
(3) the student agrees to the terms and conditions of enrollment
established 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). The terms and conditions
of enrollment established for the student by the school
corporation, charter school, or conversion charter school
must be the same terms and conditions of enrollment to which
students currently enrolled in the school corporation, charter
school, or conversion charter school are subject.
(c) If:
(1) a student's parent fails to inform the school corporation of the
expulsion or separation or withdrawal to avoid expulsion or
separation; or
(2) a student fails to follow the terms and conditions of enrollment
under subsection (b)(3);
the school corporation or charter school may withdraw consent and
prohibit the student's enrollment during the period of the actual or
proposed expulsion or separation.
(d) Before a consent is withdrawn under subsection (c) the student
must have an opportunity for an informal meeting before the principal
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 the withdrawal
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 under section 17 of this chapter.
