Bill Text: IN HB1423 | 2013 | Regular Session | Enrolled
Bill Title: Antibullying.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 285 [HB1423 Detail]
Download: Indiana-2013-HB1423-Enrolled.html
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AN ACT to amend the Indiana Code concerning education.
(b) The department of education and the school corporation's school safety specialist shall provide materials and guidelines to assist a safe school committee in developing a plan and policy for the school that addresses the following issues:
(1) Unsafe conditions, crime prevention, school violence, bullying, and other issues that prevent the maintenance of a safe school.
(2) Professional development needs for faculty and staff to implement methods that decrease problems identified under subdivision (1).
(3) Methods to encourage:
(A) involvement by the community and students;
(B) development of relationships between students and school faculty and staff; and
(C) use of problem solving teams.
(c) As a part of the plan developed under subsection (b), each safe
school committee shall provide a copy of the floor plans for each
building located on the school's property that clearly indicates each
exit, the interior rooms and hallways, and the location of any hazardous
materials located in the building to the law enforcement agency and the
fire department that have jurisdiction over the school.
(d) The guidelines developed under subsection (b) must include
age appropriate, research based information that assists school
corporations and safe school committees in:
(1) developing and implementing bullying prevention
programs;
(2) establishing investigation and reporting procedures
related to bullying; and
(3) adopting discipline rules that comply with IC 20-33-8-13.5.
(e) In addition to developing guidelines under subsection (b), the
department of education shall establish categories of types of
bullying incidents to allow school corporations to use the categories
in making reports under IC 20-20-8-8 and IC 20-34-6-1.
(1) Student enrollment.
(2) Graduation rate (as defined in IC 20-26-13-6).
(3) Attendance rate.
(4) The following test scores, including the number and percentage of students meeting academic standards:
(A) ISTEP program test scores.
(B) Scores for assessments under IC 20-32-5-21, if appropriate.
(C) For a freeway school, scores on a locally adopted assessment program, if appropriate.
(5) Average class size.
(6) The number and percentage of students in the following groups or programs:
(A) Alternative education, if offered.
(B) Career and technical education.
(C) Special education.
(D) High ability.
(E) Remediation.
(F) Limited English language proficiency.
(G) Students receiving free or reduced price lunch under the national school lunch program.
(H) School flex program, if offered.
(7) Advanced placement, including the following:
(A) For advanced placement tests, the percentage of students:
(i) scoring three (3), four (4), and five (5); and
(ii) taking the test.
(B) For the Scholastic Aptitude Test:
(i) test scores for all students taking the test;
(ii) test scores for students completing the academic honors diploma program; and
(iii) the percentage of students taking the test.
(8) Course completion, including the number and percentage of students completing the following programs:
(A) Academic honors diploma.
(B) Core 40 curriculum.
(C) Career and technical programs.
(9) The percentage of grade 8 students enrolled in algebra I.
(10) The percentage of graduates who pursue higher education.
(11) School safety, including:
(A) the number of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons;
(B) the number of incidents reported under IC 20-33-9; and
(C) the number of bullying incidents reported under IC 20-34-6 by category.
(12) Financial information and various school cost factors, including the following:
(A) Expenditures per pupil.
(B) Average teacher salary.
(C) Remediation funding.
(13) Technology accessibility and use of technology in instruction.
(14) Interdistrict and intradistrict student mobility rates, if that information is available.
(15) The number and percentage of each of the following within the school corporation:
(A) Teachers who are certificated employees (as defined in IC 20-29-2-4).
(B) Teachers who teach the subject area for which the teacher is certified and holds a license.
(C) Teachers with national board certification.
(16) The percentage of grade 3 students reading at grade 3 level.
(17) The number of students expelled, including the number participating in other recognized education programs during their
expulsion.
(18) Chronic absenteeism, which includes the number of students
who have been absent more than ten (10) days from school within
a school year without being excused.
(19) The number of students who have dropped out of school,
including the reasons for dropping out.
(20) The number of student work permits revoked.
(21) The number of student driver's licenses revoked.
(22) The number of students who have not advanced to grade 10
due to a lack of completed credits.
(23) The number of students suspended for any reason.
(24) The number of students receiving an international
baccalaureate diploma.
(25) Other indicators of performance as recommended by the
education roundtable under IC 20-19-4.
(b) The department, in consultation with school safety specialists and school counselors, shall prepare outlines or materials for the instruction described in subsection (a) and incorporate the instruction in grades 1 through 12.
(c) Instruction on bullying prevention may be delivered by a school safety specialist, school counselor, or any other person with training and expertise in the area of bullying prevention and intervention.
aggression, or (3) any other behaviors, that are committed by a
student or group of students against another student with the intent to
harass, ridicule, humiliate, intimidate, or harm the other targeted
student and create for the targeted student an objectively hostile
school environment that:
(1) places the targeted student in reasonable fear of harm to
the targeted student's person or property;
(2) has a substantially detrimental effect on the targeted
student's physical or mental health;
(3) has the effect of substantially interfering with the targeted
student's academic performance; or
(4) has the effect of substantially interfering with the targeted
student's ability to participate in or benefit from the services,
activities, and privileges provided by the school.
(b) The term may not be interpreted to impose any burden or
sanction on, or include in the definition of the term, the following:
(1) Participating in a religious event.
(2) Acting in an emergency involving the protection of a
person or property from an imminent threat of serious bodily
injury or substantial danger.
(3) Participating in an activity consisting of the exercise of a
student's rights protected under the First Amendment to the
United States Constitution or Article I, Section 31 of the
Constitution of the State of Indiana, or both.
(4) Participating in an activity conducted by a nonprofit or
governmental entity that provides recreation, education,
training, or other care under the supervision of one (1) or
more adults.
(5) Participating in an activity undertaken at the prior written
direction of the student's parent.
(6) Engaging in interstate or international travel from a
location outside Indiana to another location outside Indiana.
(1) prohibit bullying; and
(2) include:
(A) provisions concerning education, parental involvement,
(B) a detailed procedure for the expedited investigation of
incidents of bullying that includes:
(i) appropriate responses to bullying behaviors,
wherever the behaviors occur;
(ii) provisions for anonymous and personal reporting of
bullying to a teacher or other school staff;
(iii) timetables for reporting of bullying incidents to the
parents of both the targeted student and the bully, in an
expedited manner;
(iv) timetables for reporting of bullying incidents to
school counselors, school administrators, the
superintendent, or law enforcement, if it is determined
that reporting the bullying incident to law enforcement
is necessary;
(v) discipline provisions for teachers, school staff, or
school administrators who fail to initiate or conduct an
investigation of a bullying incident; and
(vi) discipline provisions for false reporting of bullying;
and
(C) a detailed procedure outlining the use of follow-up
services that includes:
(i) support services for the victim; and
(ii) bullying education for the bully.
(b) The discipline rules described in subsection (a) must apply when
a student is: (1) on school grounds immediately before or during school
hours, immediately after school hours, or at any other time when 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, or event; or (4) using property or equipment
provided by the school. may be applied regardless of the physical
location in which the bullying behavior occurred, whenever:
(1) the individual committing the bullying behavior and any
of the intended targets of the bullying behavior are students
attending a school within a school corporation; and
(2) disciplinary action is reasonably necessary to avoid
substantial interference with school discipline or prevent an
unreasonable threat to the rights of others to a safe and
peaceful learning environment.
(c) The discipline rules described in subsection (a) must prohibit
bullying through the use of data or computer software that is accessed
through a:
(1) computer;
(2) computer system; or
(3) computer network.
(d) This section may not be construed to give rise to a cause of action against a person or school corporation based on an allegation of noncompliance with this section. Noncompliance with this section may not be used as evidence against a school corporation in a cause of action.
(e) A record made of an investigation, a disciplinary action, or a follow-up action performed under rules adopted under this section is not a public record under IC 5-14-3.
(f) The department shall periodically review each policy adopted under this section to ensure the policy's compliance with this section.
(1) The number of arrests of students on school corporation property, including arrests made by law enforcement officers, security guards, school safety specialists, and other school corporation employees, and any citizen arrests.
(2) The offenses for which students were arrested on school corporation property.
(3) The number of contacts with law enforcement personnel from a school corporation employee that have resulted in arrests of students not on school corporation property.
(4) Statistics concerning the age, race, and gender of students arrested on school corporation property and categorizing the statistics by offenses.
(5) Whether the school corporation has established and employs a school corporation police department under IC 20-26-16, and if so, report:
(A) the number of officers in the school corporation police department; and
(B) the training the officers must complete.
(6) If the school corporation employs private security guards to enforce rules or laws on school property, a detailed explanation of the use of private security guards by the school corporation.
(7) If the school corporation has an agreement with a local law enforcement agency regarding procedures to arrest students on
school property, a detailed explanation of the use of the local law
enforcement agency by the school corporation.
(8) The number of reported bullying incidents involving a
student of the school corporation by category. However,
nothing in this subdivision may be construed to require all
bullying incidents to be reported to a law enforcement agency.
(b) By August 1 of each year, the department shall submit a report
to:
(1) the legislative council;
(2) the education roundtable established by IC 20-19-4-2;
(3) the board for the coordination of programs serving vulnerable
individuals established by IC 4-23-30.2-8; and
(4) the criminal justice institute;
providing a summary of the reports submitted to the department under
subsection (a). The report to the legislative council must be in an
electronic format under IC 5-14-6.
(c) By August 1 of each year, the department must post the reports
described in subsections (a) and (b) on the department's Internet web
site.
(1) Ball State University.
(2) Indiana University.
(3) Indiana State University.
(4) Purdue University.
(5) University of Southern Indiana.
(b) As used in this section, "bullying" means overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student and create for the targeted student, while the targeted student is on the property owned, used, or occupied by the state educational institution, an objectively hostile environment that:
(1) places the targeted student in reasonable fear of harm to the targeted student's person or property;
(2) has a substantially detrimental effect on the targeted student's physical or mental health;
(3) has the effect of substantially interfering with the targeted student's academic performance; or
(4) has the effect of substantially interfering with the targeted student's ability to participate in or benefit from the services, activities, and privileges provided by the state educational institution.
(c) If the board of trustees of a state educational institution elects to govern, by regulation or another means, the conduct of students, faculty, employees, and others on the property owned, used, or occupied by the state educational institution, the regulation must include a policy prohibiting bullying.
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