Indiana 2024 Regular Session

Indiana Senate Bill SB0161 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 161
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-3-3-14.5; IC 20-33-8.
7	7	Synopsis: Education matters. Increases the maximum amount of the
8	8	income tax credit for an individual employed as a teacher for amounts
9	9	expended for classroom supplies from $100 to $1,500 per taxable year.
10	10	Provides that a student may be suspended or expelled only upon: (1) a
11	11	determination that the student's suspension or expulsion will prevent
12	12	or substantially reduce the risk of interference with an educational
13	13	function or school purposes, disruption of the school learning
14	14	environment, or physical injury to the student, other students, school
15	15	employees, or school visitors; and (2) in the case of an expulsion, a
16	16	determination that all other available and appropriate disciplinary and
17	17	behavioral interventions have been exhausted. Provides that notice to
18	18	a parent of: (1) a student's suspension or expulsion must include the
19	19	rationale for the length of the suspension or expulsion; and (2) the right
20	20	to appear at an expulsion meeting must include the behavioral and
21	21	disciplinary interventions attempted, if any, and the rationale for the
22	22	length of the expulsion. Provides that if a student is suspended, the
23	23	student must be provided: (1) appropriate and available support
24	24	services, as determined by the school, during the suspension period;
25	25	and (2) an opportunity to receive credit for completion of make up
26	26	work.
27	27	Effective: January 1, 2024 (retroactive); July 1, 2024.
28	28	Randolph Lonnie M
29	29	January 8, 2024, read first time and referred to Committee on Education and Career
30	30	Development.
31	31	2024 IN 161—LS 6261/DI 152 Introduced
32	32	Second Regular Session of the 123rd General Assembly (2024)
33	33	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
34	34	Constitution) is being amended, the text of the existing provision will appear in this style type,
35	35	additions will appear in this style type, and deletions will appear in this style type.
36	36	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
37	37	provision adopted), the text of the new provision will appear in this style type. Also, the
38	38	word NEW will appear in that style type in the introductory clause of each SECTION that adds
39	39	a new provision to the Indiana Code or the Indiana Constitution.
40	40	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
41	41	between statutes enacted by the 2023 Regular Session of the General Assembly.
42	42	SENATE BILL No. 161
43	43	A BILL FOR AN ACT to amend the Indiana Code concerning
44	44	education.
45	45	Be it enacted by the General Assembly of the State of Indiana:
46	46	1 SECTION 1. IC 6-3-3-14.5, AS ADDED BY P.L.213-2015,
47	47	2 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	48	3 JANUARY 1, 2024 (RETROACTIVE)]: Sec. 14.5. (a) As used in this
49	49	4 section, "classroom supplies" means any items that qualify for the
50	50	5 educator expense deduction under Section 62(a)(2)(D) of the Internal
51	51	6 Revenue Code. (as effective December 31, 2013).
52	52	7 (b) Each taxable year, an individual employed as a teacher (as
53	53	8 defined in IC 20-18-2-22(a)) is entitled to a credit against the
54	54	9 individual's adjusted gross income tax liability for amounts expended
55	55	10 during the taxable year for classroom supplies. The amount of the
56	56	11 credit is the lesser of:
57	57	12 (1) one thousand five hundred dollars ($100); ($1,500); or
58	58	13 (2) the total amount expended for classroom supplies during a
59	59	14 taxable year.
60	60	15 (c) The credit provided by this section may not exceed the amount
61	61	16 of the individual's adjusted gross income tax liability for the taxable
62	62	17 year, reduced by the sum of all credits for the taxable year that are
63	63	2024 IN 161—LS 6261/DI 152 2
64	64	1 applied before the application of the credit provided by this section.
65	65	2 The amount of any unused credit under this section for a taxable year
66	66	3 may not be carried forward to a succeeding taxable year, carried back
67	67	4 to a preceding taxable year, or refunded.
68	68	5 SECTION 2. IC 20-33-8-14, AS ADDED BY P.L.1-2005,
69	69	6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	70	7 JULY 1, 2024]: Sec. 14. (a) Subject to section 17.5 of this chapter,
71	71	8 the following are the grounds for student suspension or expulsion,
72	72	9 subject to the procedural requirements of this chapter and as stated by
73	73	10 school corporation rules:
74	74	11 (1) Student misconduct.
75	75	12 (2) Substantial disobedience.
76	76	13 (b) The grounds for suspension or expulsion listed in subsection (a)
77	77	14 apply when a student is:
78	78	15 (1) on school grounds immediately before or during school hours,
79	79	16 or immediately after school hours, or at any other time when the
80	80	17 school is being used by a school group;
81	81	18 (2) off school grounds at a school activity, function, or event; or
82	82	19 (3) traveling to or from school or a school activity, function, or
83	83	20 event.
84	84	21 SECTION 3. IC 20-33-8-15, AS ADDED BY P.L.1-2005,
85	85	22 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86	86	23 JULY 1, 2024]: Sec. 15. In addition to the grounds specified in section
87	87	24 14 of this chapter and subject to section 17.5 of this chapter, a
88	88	25 student may be suspended or expelled for engaging in unlawful activity
89	89	26 on or off school grounds if:
90	90	27 (1) the unlawful activity may reasonably be considered to be an
91	91	28 interference with school purposes or an educational function; or
92	92	29 (2) the student's removal is necessary to restore order or protect
93	93	30 persons on school property;
94	94	31 including an unlawful activity during weekends, holidays, other school
95	95	32 breaks, and the summer period when a student may not be attending
96	96	33 classes or other school functions.
97	97	34 SECTION 4. IC 20-33-8-16, AS AMENDED BY P.L.233-2015,
98	98	35 SECTION 261, IS AMENDED TO READ AS FOLLOWS
99	99	36 [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) As used in this section,
100	100	37 "firearm" has the meaning set forth in IC 35-47-1-5.
101	101	38 (b) As used in this section, "deadly weapon" has the meaning set
102	102	39 forth in IC 35-31.5-2-86. The term does not include a firearm or
103	103	40 destructive device.
104	104	41 (c) As used in this section, "destructive device" has the meaning set
105	105	42 forth in IC 35-47.5-2-4.
106	106	2024 IN 161—LS 6261/DI 152 3
107	107	1 (d) Notwithstanding section 20 of this chapter and subject to
108	108	2 section 17.5 of this chapter, a student who is:
109	109	3 (1) identified as bringing a firearm or destructive device to school
110	110	4 or on school property; or
111	111	5 (2) in possession of a firearm or destructive device on school
112	112	6 property;
113	113	7 must be expelled for at least one (1) calendar year, with the return of
114	114	8 the student to be at the beginning of the first school semester after the
115	115	9 end of the one (1) year period.
116	116	10 (e) The superintendent may, on a case by case basis, modify the
117	117	11 period of expulsion under subsection (d) for a student who is expelled
118	118	12 under this section.
119	119	13 (f) Notwithstanding section 20 of this chapter and subject to
120	120	14 section 17.5 of this chapter, a student who is:
121	121	15 (1) identified as bringing a deadly weapon to school or on school
122	122	16 property; or
123	123	17 (2) in possession of a deadly weapon on school property;
124	124	18 may be expelled for not more than one (1) calendar year.
125	125	19 (g) A superintendent or the superintendent's designee shall
126	126	20 immediately notify the appropriate law enforcement agency having
127	127	21 jurisdiction over the property where the school is located if a student
128	128	22 engages in a behavior described in subsection (d). The superintendent
129	129	23 may give similar notice if the student engages in a behavior described
130	130	24 in subsection (f). Upon receiving notification under this subsection, the
131	131	25 law enforcement agency shall begin an investigation and take
132	132	26 appropriate action.
133	133	27 (h) A student with a disability (as defined in IC 20-35-1-8) who
134	134	28 possesses a firearm on school property is subject to procedural
135	135	29 safeguards under 20 U.S.C. 1415.
136	136	30 SECTION 5. IC 20-33-8-17.5 IS ADDED TO THE INDIANA
137	137	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
138	138	32 [EFFECTIVE JULY 1, 2024]: Sec. 17.5. (a) A student may not be
139	139	33 suspended under section 14, 15, or 16 of this chapter unless the
140	140	34 principal determines that the student's suspension will prevent or
141	141	35 substantially reduce the risk of:
142	142	36 (1) interference with an educational function or school
143	143	37 purposes;
144	144	38 (2) disruption of the school learning environment; or
145	145	39 (3) physical injury to the student, other students, school
146	146	40 employees, or visitors to the school.
147	147	41 (b) A student may not be expelled under section 14, 15, or 16 of
148	148	42 this chapter unless the superintendent or the superintendent's
149	149	2024 IN 161—LS 6261/DI 152 4
150	150	1 designee determines:
151	151	2 (1) all other available and appropriate:
152	152	3 (A) disciplinary interventions; and
153	153	4 (B) behavioral interventions;
154	154	5 have been exhausted; and
155	155	6 (2) the student's expulsion will prevent or substantially reduce
156	156	7 the risk of:
157	157	8 (A) interference with an educational function or school
158	158	9 purposes;
159	159	10 (B) disruption of the school learning environment; or
160	160	11 (C) physical injury to the student, other students, school
161	161	12 employees, or visitors to the school.
162	162	13 SECTION 6. IC 20-33-8-18, AS AMENDED BY P.L.155-2020,
163	163	14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
164	164	15 JULY 1, 2024]: Sec. 18. (a) A principal may suspend a student for not
165	165	16 more than ten (10) school days under section 14, 15, or 16 of this
166	166	17 chapter. However, the student may be suspended for more than ten (10)
167	167	18 school days under section 23 of this chapter.
168	168	19 (b) A principal may not suspend a student before the principal
169	169	20 affords the student an opportunity for a meeting during which the
170	170	21 student is entitled to the following:
171	171	22 (1) A written or an oral statement of the charges against the
172	172	23 student.
173	173	24 (2) If the student denies the charges, a summary of the evidence
174	174	25 against the student.
175	175	26 (3) An opportunity for the student to explain the student's
176	176	27 conduct.
177	177	28 (c) When misconduct requires immediate removal of a student, the
178	178	29 meeting under subsection (b) must begin as soon as reasonably possible
179	179	30 after the student's suspension.
180	180	31 (d) Following a suspension, the principal shall send a written
181	181	32 statement to the parent of the suspended student describing the
182	182	33 following:
183	183	34 (1) The student's misconduct.
184	184	35 (2) The action taken by the principal.
185	185	36 (3) The rationale for the length of the suspension.
186	186	37 (e) If a student is suspended, the student is required to complete all
187	187	38 assignments and school work assigned during the period of the
188	188	39 student's suspension. The principal or the principal's designee shall
189	189	40 ensure that the student receives:
190	190	41 (1) notice of any assignments or school work due;
191	191	42 (2) teacher contact information in the event the student has
192	192	2024 IN 161—LS 6261/DI 152 5
193	193	1 questions regarding the assignments or school work; and
194	194	2 (3) credit, in the same manner that a student who is not suspended
195	195	3 would receive, for any assignments or school work assigned
196	196	4 during the period of the student's suspension that the student
197	197	5 completes.
198	198	6 A student may be allowed to make up missed tests or quizzes when the
199	199	7 student returns to school.
200	200	8 (f) If a student is suspended, the student shall be provided:
201	201	9 (1) appropriate and available support services, as determined
202	202	10 by the school, during the suspension period; and
203	203	11 (2) an opportunity to receive credit for completion of make up
204	204	12 work.
205	205	13 SECTION 7. IC 20-33-8-19, AS AMENDED BY P.L.94-2019,
206	206	14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207	207	15 JULY 1, 2024]: Sec. 19. (a) A superintendent of a school corporation
208	208	16 may conduct an expulsion meeting or appoint one (1) of the following
209	209	17 to conduct an expulsion meeting:
210	210	18 (1) Legal counsel.
211	211	19 (2) A member of the administrative staff if the member:
212	212	20 (A) has not expelled the student during the current school
213	213	21 year; and
214	214	22 (B) was not involved in the events giving rise to the expulsion.
215	215	23 The superintendent or a person designated under this subsection may
216	216	24 issue subpoenas, compel the attendance of witnesses, and administer
217	217	25 oaths to persons giving testimony at an expulsion meeting.
218	218	26 (b) An expulsion may take place only after the student and the
219	219	27 student's parent are given notice of their right to appear at an expulsion
220	220	28 meeting with the superintendent or a person designated under
221	221	29 subsection (a). Notice of the right to appear at an expulsion meeting
222	222	30 must:
223	223	31 (1) be made by certified mail or by personal delivery;
224	224	32 (2) contain:
225	225	33 (A) the reasons for the expulsion;
226	226	34 (B) the behavioral and disciplinary interventions
227	227	35 attempted, if any; and
228	228	36 (C) the rationale for the length of the expulsion; and
229	229	37 (3) contain the procedure for requesting an expulsion meeting.
230	230	38 (c) The individual conducting an expulsion meeting:
231	231	39 (1) shall make a written summary of the evidence heard at the
232	232	40 expulsion meeting;
233	233	41 (2) may take action that the individual finds appropriate;
234	234	42 (3) shall provide the information described in subsection (g) to
235	235	2024 IN 161—LS 6261/DI 152 6
236	236	1 the student and the student's parent; and
237	237	2 (4) must give notice of the action taken under subdivision (2) to
238	238	3 the student and the student's parent.
239	239	4 (d) If the student or the student's parent not later than ten (10) days
240	240	5 of receipt of a notice of action taken under subsection (c) makes a
241	241	6 written appeal to the governing body, the governing body:
242	242	7 (1) shall hold a meeting to consider:
243	243	8 (A) the written summary of evidence prepared under
244	244	9 subsection (c)(1); and
245	245	10 (B) the arguments of the principal and the student or the
246	246	11 student's parent;
247	247	12 unless the governing body has voted under subsection (f) not to
248	248	13 hear appeals of actions taken under subsection (c); and
249	249	14 (2) may take action that the governing body finds appropriate.
250	250	15 The decision of the governing body may be appealed only under
251	251	16 section 21 of this chapter.
252	252	17 (e) A student or a student's parent who fails to request and appear
253	253	18 at an expulsion meeting after receipt of notice of the right to appear at
254	254	19 an expulsion meeting forfeits all rights administratively to contest and
255	255	20 appeal the expulsion. For purposes of this section, notice of the right to
256	256	21 appear at an expulsion meeting or notice of the action taken at an
257	257	22 expulsion meeting is effectively given at the time when the request or
258	258	23 notice is delivered personally or sent by certified mail to a student and
259	259	24 the student's parent.
260	260	25 (f) The governing body may vote to not hear appeals of actions
261	261	26 taken under subsection (c). If the governing body votes to not hear
262	262	27 appeals, subsequent to the date on which the vote is taken, a student or
263	263	28 parent may appeal only under section 21 of this chapter.
264	264	29 (g) Each school corporation shall annually prepare a list of:
265	265	30 (1) alternative education programs in the same county in which
266	266	31 the school corporation is located or a county immediately adjacent
267	267	32 to the county in which the school corporation is located; and
268	268	33 (2) virtual charter schools;
269	269	34 in which a student may enroll if the student is expelled. The list must
270	270	35 contain contact information for the entities described in subdivisions
271	271	36 (1) and (2) and must provide the student and the student's parent notice
272	272	37 that the student may be required to comply with IC 20-33-2 or any
273	273	38 statute relating to compulsory school attendance in accordance with
274	274	39 section 31 of this chapter. A copy of the list shall be provided to the
275	275	40 student or the student's parent at the expulsion meeting. If the student
276	276	41 or student's parent fails to attend an expulsion meeting, a copy of the
277	277	42 list shall be mailed to the student's residence.
278	278	2024 IN 161—LS 6261/DI 152 7
279	279	1 SECTION 8. [EFFECTIVE JANUARY 1, 2024 (RETROACTIVE)]
280	280	2 (a) IC 6-3-3-14.5, as amended by this act, applies to taxable years
281	281	3 beginning after December 31, 2023.
282	282	4 (b) This SECTION expires June 30, 2026.
283	283	5 SECTION 9. An emergency is declared for this act.
284	284	2024 IN 161—LS 6261/DI 152