Indiana 2024 Regular Session

Indiana House Bill HB1262 Latest Draft

Bill / Comm Sub Version Filed 01/25/2024

                            *HB1262.1*
January 25, 2024
HOUSE BILL No. 1262
_____
DIGEST OF HB 1262 (Updated January 24, 2024 2:56 pm - DI 140)
Citations Affected:  IC 20-33.
Synopsis:  Behavioral issues in schools. Permits a governing body of
a school corporation to establish a disruption policy concerning 
student removal from and reentry to a classroom. Provides that a
principal, teacher, or school staff member may immediately remove a
disruptive student for a violation of school policy. Provides that a
principal must determine a disruptive student's placement. Provides
that a disruptive student who is removed from a classroom at least three
times during a 30 day period shall be considered chronically disruptive
and may be suspended. Requires that a disruption policy must be
included in certain written regulations.
Effective:  July 1, 2024.
Smith V
January 9, 2024, read first time and referred to Committee on Education.
January 25, 2024, reported — Do Pass.
HB 1262—LS 6728/DI 143  January 25, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1262
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-33-8-14, AS ADDED BY P.L.1-2005,
2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 14. (a) The following are the grounds for student
4 suspension or expulsion, subject to the procedural requirements of this
5 chapter and as stated by school corporation rules:
6 (1) Student misconduct.
7 (2) Substantial disobedience.
8 (3) Disruption under section 36 of this chapter.
9 (b) The grounds for suspension or expulsion listed in subsection (a)
10 apply when a student is:
11 (1) on school grounds immediately before or during school hours,
12 or immediately after school hours, or at any other time when the
13 school is being used by a school group;
14 (2) off school grounds at a school activity, function, or event; or
15 (3) traveling to or from school or a school activity, function, or
16 event.
17 SECTION 2. IC 20-33-8-18, AS AMENDED BY P.L.155-2020,
HB 1262—LS 6728/DI 143 2
1 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 18. (a) A principal may suspend a student for not
3 more than ten (10) school days under section 14, 15, or 16, or 36 of
4 this chapter. However, the student may be suspended for more than ten
5 (10) school days under section 23 of this chapter.
6 (b) A principal may not suspend a student before the principal
7 affords the student an opportunity for a meeting during which the
8 student is entitled to the following:
9 (1) A written or an oral statement of the charges against the
10 student.
11 (2) If the student denies the charges, a summary of the evidence
12 against the student.
13 (3) An opportunity for the student to explain the student's
14 conduct.
15 (c) When misconduct requires immediate removal of a student, the
16 meeting under subsection (b) must begin as soon as reasonably possible
17 after the student's suspension.
18 (d) Following a suspension, the principal shall send a written
19 statement to the parent of the suspended student describing the
20 following:
21 (1) The student's misconduct.
22 (2) The action taken by the principal.
23 (e) If a student is suspended, the student is required to complete all
24 assignments and school work assigned during the period of the
25 student's suspension. The principal or the principal's designee shall
26 ensure that the student receives:
27 (1) notice of any assignments or school work due;
28 (2) teacher contact information in the event the student has
29 questions regarding the assignments or school work; and
30 (3) credit, in the same manner that a student who is not suspended
31 would receive, for any assignments or school work assigned
32 during the period of the student's suspension that the student
33 completes.
34 A student may be allowed to make up missed tests or quizzes when the
35 student returns to school.
36 SECTION 3. IC 20-33-8-36 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2024]: Sec. 36. (a) The governing body of a school corporation
39 may establish a disruption policy concerning student removal from
40 and reentry to a classroom if a student:
41 (1) disrupts the educational function of the classroom; or
42 (2) challenges the authority of school corporation personnel
HB 1262—LS 6728/DI 143 3
1 who are supervising the classroom.
2 (b) A principal, teacher, or school staff member may
3 immediately remove a disruptive student from a classroom setting
4 for a violation of a policy under subsection (a).
5 (c) A principal shall determine the placement of a disruptive
6 student removed from a classroom under subsection (b). Placement
7 of a student may include:
8 (1) another classroom in the school;
9 (2) an alternative program; or
10 (3) a virtual program.
11 (d) A disruptive student who is removed under subsection (b) at
12 least three (3) times within a thirty (30) day period shall be
13 considered chronically disruptive and may be suspended.
14 (e) A policy adopted under subsection (a) must be included in
15 any written regulations created under section 10 of this chapter.
HB 1262—LS 6728/DI 143 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1262, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill do pass. 
(Reference is to HB 1262 as introduced.) 
BEHNING
Committee Vote: Yeas 8, Nays 0         
HB 1262—LS 6728/DI 143