Introduced Version
SENATE BILL No. 161
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-3-3-14.5; IC 20-33-8.
Synopsis: Education matters. Increases the maximum amount of the
income tax credit for an individual employed as a teacher for amounts
expended for classroom supplies from $100 to $1,500 per taxable year.
Provides that a student may be suspended or expelled only upon: (1) a
determination that the student's suspension or expulsion will prevent
or substantially reduce the risk of interference with an educational
function or school purposes, disruption of the school learning
environment, or physical injury to the student, other students, school
employees, or school visitors; and (2) in the case of an expulsion, a
determination that all other available and appropriate disciplinary and
behavioral interventions have been exhausted. Provides that notice to
a parent of: (1) a student's suspension or expulsion must include the
rationale for the length of the suspension or expulsion; and (2) the right
to appear at an expulsion meeting must include the behavioral and
disciplinary interventions attempted, if any, and the rationale for the
length of the expulsion. Provides that if a student is suspended, the
student must be provided: (1) appropriate and available support
services, as determined by the school, during the suspension period;
and (2) an opportunity to receive credit for completion of make up
work.
Effective: January 1, 2024 (retroactive); July 1, 2024.
Randolph Lonnie M
January 8, 2024, read first time and referred to Committee on Education and Career
Development.
2024 IN 161—LS 6261/DI 152 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 161
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 6-3-3-14.5, AS ADDED BY P.L.213-2015,
2 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2024 (RETROACTIVE)]: Sec. 14.5. (a) As used in this
4 section, "classroom supplies" means any items that qualify for the
5 educator expense deduction under Section 62(a)(2)(D) of the Internal
6 Revenue Code. (as effective December 31, 2013).
7 (b) Each taxable year, an individual employed as a teacher (as
8 defined in IC 20-18-2-22(a)) is entitled to a credit against the
9 individual's adjusted gross income tax liability for amounts expended
10 during the taxable year for classroom supplies. The amount of the
11 credit is the lesser of:
12 (1) one thousand five hundred dollars ($100); ($1,500); or
13 (2) the total amount expended for classroom supplies during a
14 taxable year.
15 (c) The credit provided by this section may not exceed the amount
16 of the individual's adjusted gross income tax liability for the taxable
17 year, reduced by the sum of all credits for the taxable year that are
2024 IN 161—LS 6261/DI 152 2
1 applied before the application of the credit provided by this section.
2 The amount of any unused credit under this section for a taxable year
3 may not be carried forward to a succeeding taxable year, carried back
4 to a preceding taxable year, or refunded.
5 SECTION 2. IC 20-33-8-14, AS ADDED BY P.L.1-2005,
6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 14. (a) Subject to section 17.5 of this chapter,
8 the following are the grounds for student suspension or expulsion,
9 subject to the procedural requirements of this chapter and as stated by
10 school corporation rules:
11 (1) Student misconduct.
12 (2) Substantial disobedience.
13 (b) The grounds for suspension or expulsion listed in subsection (a)
14 apply when a student is:
15 (1) on school grounds immediately before or during school hours,
16 or immediately after school hours, or at any other time when the
17 school is being used by a school group;
18 (2) off school grounds at a school activity, function, or event; or
19 (3) traveling to or from school or a school activity, function, or
20 event.
21 SECTION 3. IC 20-33-8-15, AS ADDED BY P.L.1-2005,
22 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 15. In addition to the grounds specified in section
24 14 of this chapter and subject to section 17.5 of this chapter, a
25 student may be suspended or expelled for engaging in unlawful activity
26 on or off school grounds if:
27 (1) the unlawful activity may reasonably be considered to be an
28 interference with school purposes or an educational function; or
29 (2) the student's removal is necessary to restore order or protect
30 persons on school property;
31 including an unlawful activity during weekends, holidays, other school
32 breaks, and the summer period when a student may not be attending
33 classes or other school functions.
34 SECTION 4. IC 20-33-8-16, AS AMENDED BY P.L.233-2015,
35 SECTION 261, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) As used in this section,
37 "firearm" has the meaning set forth in IC 35-47-1-5.
38 (b) As used in this section, "deadly weapon" has the meaning set
39 forth in IC 35-31.5-2-86. The term does not include a firearm or
40 destructive device.
41 (c) As used in this section, "destructive device" has the meaning set
42 forth in IC 35-47.5-2-4.
2024 IN 161—LS 6261/DI 152 3
1 (d) Notwithstanding section 20 of this chapter and subject to
2 section 17.5 of this chapter, a student who is:
3 (1) identified as bringing a firearm or destructive device to school
4 or on school property; or
5 (2) in possession of a firearm or destructive device on school
6 property;
7 must be expelled for at least one (1) calendar year, with the return of
8 the student to be at the beginning of the first school semester after the
9 end of the one (1) year period.
10 (e) The superintendent may, on a case by case basis, modify the
11 period of expulsion under subsection (d) for a student who is expelled
12 under this section.
13 (f) Notwithstanding section 20 of this chapter and subject to
14 section 17.5 of this chapter, a student who is:
15 (1) identified as bringing a deadly weapon to school or on school
16 property; or
17 (2) in possession of a deadly weapon on school property;
18 may be expelled for not more than one (1) calendar year.
19 (g) A superintendent or the superintendent's designee shall
20 immediately notify the appropriate law enforcement agency having
21 jurisdiction over the property where the school is located if a student
22 engages in a behavior described in subsection (d). The superintendent
23 may give similar notice if the student engages in a behavior described
24 in subsection (f). Upon receiving notification under this subsection, the
25 law enforcement agency shall begin an investigation and take
26 appropriate action.
27 (h) A student with a disability (as defined in IC 20-35-1-8) who
28 possesses a firearm on school property is subject to procedural
29 safeguards under 20 U.S.C. 1415.
30 SECTION 5. IC 20-33-8-17.5 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2024]: Sec. 17.5. (a) A student may not be
33 suspended under section 14, 15, or 16 of this chapter unless the
34 principal determines that the student's suspension will prevent or
35 substantially reduce the risk of:
36 (1) interference with an educational function or school
37 purposes;
38 (2) disruption of the school learning environment; or
39 (3) physical injury to the student, other students, school
40 employees, or visitors to the school.
41 (b) A student may not be expelled under section 14, 15, or 16 of
42 this chapter unless the superintendent or the superintendent's
2024 IN 161—LS 6261/DI 152 4
1 designee determines:
2 (1) all other available and appropriate:
3 (A) disciplinary interventions; and
4 (B) behavioral interventions;
5 have been exhausted; and
6 (2) the student's expulsion will prevent or substantially reduce
7 the risk of:
8 (A) interference with an educational function or school
9 purposes;
10 (B) disruption of the school learning environment; or
11 (C) physical injury to the student, other students, school
12 employees, or visitors to the school.
13 SECTION 6. IC 20-33-8-18, AS AMENDED BY P.L.155-2020,
14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 18. (a) A principal may suspend a student for not
16 more than ten (10) school days under section 14, 15, or 16 of this
17 chapter. However, the student may be suspended for more than ten (10)
18 school days under section 23 of this chapter.
19 (b) A principal may not suspend a student before the principal
20 affords the student an opportunity for a meeting during which the
21 student is entitled to the following:
22 (1) A written or an oral statement of the charges against the
23 student.
24 (2) If the student denies the charges, a summary of the evidence
25 against the student.
26 (3) An opportunity for the student to explain the student's
27 conduct.
28 (c) When misconduct requires immediate removal of a student, the
29 meeting under subsection (b) must begin as soon as reasonably possible
30 after the student's suspension.
31 (d) Following a suspension, the principal shall send a written
32 statement to the parent of the suspended student describing the
33 following:
34 (1) The student's misconduct.
35 (2) The action taken by the principal.
36 (3) The rationale for the length of the suspension.
37 (e) If a student is suspended, the student is required to complete all
38 assignments and school work assigned during the period of the
39 student's suspension. The principal or the principal's designee shall
40 ensure that the student receives:
41 (1) notice of any assignments or school work due;
42 (2) teacher contact information in the event the student has
2024 IN 161—LS 6261/DI 152 5
1 questions regarding the assignments or school work; and
2 (3) credit, in the same manner that a student who is not suspended
3 would receive, for any assignments or school work assigned
4 during the period of the student's suspension that the student
5 completes.
6 A student may be allowed to make up missed tests or quizzes when the
7 student returns to school.
8 (f) If a student is suspended, the student shall be provided:
9 (1) appropriate and available support services, as determined
10 by the school, during the suspension period; and
11 (2) an opportunity to receive credit for completion of make up
12 work.
13 SECTION 7. IC 20-33-8-19, AS AMENDED BY P.L.94-2019,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 19. (a) A superintendent of a school corporation
16 may conduct an expulsion meeting or appoint one (1) of the following
17 to conduct an expulsion meeting:
18 (1) Legal counsel.
19 (2) A member of the administrative staff if the member:
20 (A) has not expelled the student during the current school
21 year; and
22 (B) was not involved in the events giving rise to the expulsion.
23 The superintendent or a person designated under this subsection may
24 issue subpoenas, compel the attendance of witnesses, and administer
25 oaths to persons giving testimony at an expulsion meeting.
26 (b) An expulsion may take place only after the student and the
27 student's parent are given notice of their right to appear at an expulsion
28 meeting with the superintendent or a person designated under
29 subsection (a). Notice of the right to appear at an expulsion meeting
30 must:
31 (1) be made by certified mail or by personal delivery;
32 (2) contain:
33 (A) the reasons for the expulsion;
34 (B) the behavioral and disciplinary interventions
35 attempted, if any; and
36 (C) the rationale for the length of the expulsion; and
37 (3) contain the procedure for requesting an expulsion meeting.
38 (c) The individual conducting an expulsion meeting:
39 (1) shall make a written summary of the evidence heard at the
40 expulsion meeting;
41 (2) may take action that the individual finds appropriate;
42 (3) shall provide the information described in subsection (g) to
2024 IN 161—LS 6261/DI 152 6
1 the student and the student's parent; and
2 (4) must give notice of the action taken under subdivision (2) to
3 the student and the student's parent.
4 (d) If the student or the student's parent not later than ten (10) days
5 of receipt of a notice of action taken under subsection (c) makes a
6 written appeal to the governing body, the governing body:
7 (1) shall hold a meeting to consider:
8 (A) the written summary of evidence prepared under
9 subsection (c)(1); and
10 (B) the arguments of the principal and the student or the
11 student's parent;
12 unless the governing body has voted under subsection (f) not to
13 hear appeals of actions taken under subsection (c); and
14 (2) may take action that the governing body finds appropriate.
15 The decision of the governing body may be appealed only under
16 section 21 of this chapter.
17 (e) A student or a student's parent who fails to request and appear
18 at an expulsion meeting after receipt of notice of the right to appear at
19 an expulsion meeting forfeits all rights administratively to contest and
20 appeal the expulsion. For purposes of this section, notice of the right to
21 appear at an expulsion meeting or notice of the action taken at an
22 expulsion meeting is effectively given at the time when the request or
23 notice is delivered personally or sent by certified mail to a student and
24 the student's parent.
25 (f) The governing body may vote to not hear appeals of actions
26 taken under subsection (c). If the governing body votes to not hear
27 appeals, subsequent to the date on which the vote is taken, a student or
28 parent may appeal only under section 21 of this chapter.
29 (g) Each school corporation shall annually prepare a list of:
30 (1) alternative education programs in the same county in which
31 the school corporation is located or a county immediately adjacent
32 to the county in which the school corporation is located; and
33 (2) virtual charter schools;
34 in which a student may enroll if the student is expelled. The list must
35 contain contact information for the entities described in subdivisions
36 (1) and (2) and must provide the student and the student's parent notice
37 that the student may be required to comply with IC 20-33-2 or any
38 statute relating to compulsory school attendance in accordance with
39 section 31 of this chapter. A copy of the list shall be provided to the
40 student or the student's parent at the expulsion meeting. If the student
41 or student's parent fails to attend an expulsion meeting, a copy of the
42 list shall be mailed to the student's residence.
2024 IN 161—LS 6261/DI 152 7
1 SECTION 8. [EFFECTIVE JANUARY 1, 2024 (RETROACTIVE)]
2 (a) IC 6-3-3-14.5, as amended by this act, applies to taxable years
3 beginning after December 31, 2023.
4 (b) This SECTION expires June 30, 2026.
5 SECTION 9. An emergency is declared for this act.
2024 IN 161—LS 6261/DI 152