Introduced Version
HOUSE BILL No. 1210
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-20-50.3; IC 20-33-8.
Synopsis: Student behavior. Establishes the behavioral health fund
(fund) for the purpose of improving funding for individualized
education programs that have a behavioral intervention plan
component for certain schools. Provides that the department of
education, in coordination with the behavioral health commission, shall
administer the fund. Creates an application and review process for the
disbursement of a grant from the fund. Defines certain terms. Provides
a procedure for a principal to place an aggressive student, who has
been removed from a class, into the aggressive student's original class,
another appropriate class or placement, or in-school suspension.
Effective: July 1, 2025.
Rowray
January 8, 2025, read first time and referred to Committee on Education.
2025 IN 1210—LS 7408/DI 143 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1210
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-20-50.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 50.3. Behavioral Health Fund
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Behavioral intervention plan" has the meaning in 511
7 IAC 7-32-10.
8 (2) "Commission" refers to the Indiana behavioral health
9 commission established by IC 12-21-7.1-2.
10 (3) "Fund" refers to the behavioral health fund established by
11 section 3 of this chapter.
12 (4) "Program" refers to the behavioral health program
13 established by section 2 of this chapter.
14 (5) "Public school" has the meaning in IC 20-18-2-15.
15 Sec. 2. (a) The behavioral health program is established.
16 (b) The department, in coordination with the commission, shall
17 administer the program.
2025 IN 1210—LS 7408/DI 143 2
1 Sec. 3. (a) The behavioral health fund is established for the
2 purpose of providing grants to public schools to improve funding
3 for individualized education programs that have a behavioral
4 intervention plan component.
5 (b) The fund consists of the following:
6 (1) Appropriations by the general assembly.
7 (2) Grants, gifts, and donations to the fund.
8 (c) The department shall administer the fund.
9 (d) The expenses of administering the fund shall be paid from
10 money in the fund.
11 (e) The treasurer of state shall invest money in the fund not
12 currently needed to meet the obligations of the fund in the same
13 manner as other public money may be invested. Interest that
14 accrues from these investments shall be deposited in the fund.
15 (f) Money in the fund at the end of a state fiscal year does not
16 revert to the state general fund.
17 (g) Money in the fund is continuously appropriated for the
18 purposes of this chapter.
19 Sec. 4. The department, in cooperation with the commission,
20 shall create an application process for a grant from the fund that
21 contains the following:
22 (1) The percentage of individualized education programs with
23 a behavioral intervention plan component at the public
24 school.
25 (2) A detailed, evidence based report regarding the need for
26 additional funding.
27 (3) Any other information requested by the department.
28 Sec. 5. The money in the fund must be used to provide grants to
29 public schools that meet the requirements described in section 4 of
30 this chapter.
31 Sec. 6. The department may award grants to school
32 corporations:
33 (1) upon review of the applications received under section 4 of
34 this chapter;
35 (2) subject to available money; and
36 (3) in accordance with the following priorities:
37 (A) To the extent possible, to achieve geographic balance
38 throughout Indiana and to include urban, suburban, and
39 rural school corporations.
40 (B) To address a documented need for funding concerning
41 individualized education programs with a behavioral
42 intervention plan component.
2025 IN 1210—LS 7408/DI 143 3
1 Sec. 7. The department may adopt rules under IC 4-22-2
2 necessary to implement this chapter.
3 Sec. 8. Beginning in 2026, not later than September 1 of each
4 year, the department shall prepare a report regarding the fund and
5 submit the report to the legislative council in an electronic format
6 under IC 5-14-6.
7 SECTION 2. IC 20-33-8-0.1 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2025]: Sec. 0.1. As used in this chapter, "aggressive student"
10 means a student who has a documented record of frequent
11 disruptions of the traditional school learning environment despite
12 repeated attempts by the school corporation to modify the
13 student's behavior in conformity with a progressive disciplinary
14 program approved by the department.
15 SECTION 3. IC 20-33-8-0.3 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]: Sec. 0.3. As used in this chapter, "classroom reintegration
18 plan" means a plan to place an aggressive student, who has been
19 removed from a class as described in section 9(e) of this chapter,
20 in:
21 (1) the aggressive student's original class;
22 (2) another appropriate class or placement; or
23 (3) in-school suspension;
24 in a manner that minimizes disruptions to the traditional school
25 learning environment.
26 SECTION 4. IC 20-33-8-9, AS AMENDED BY P.L.121-2009,
27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 9. (a) This section applies to an individual who:
29 (1) is a teacher or other school staff member; and
30 (2) has students under the individual's charge.
31 (b) An individual may take any action that is reasonably necessary
32 to carry out or to prevent an interference with an educational function
33 that the individual supervises.
34 (c) Subject to rules of the governing body and the administrative
35 staff, an individual may remove a student for a period that does not
36 exceed five (5) school days from an educational function supervised by
37 the individual or another individual who is a teacher or other school
38 staff member.
39 (d) If an individual removes a student from a class under subsection
40 (c), the principal may place the student in another appropriate class or
41 placement or into in-school suspension. The principal may not return
42 the student to the class from which the student was removed until the
2025 IN 1210—LS 7408/DI 143 4
1 principal has met with the student, the student's teacher, and the
2 student's parents to determine an appropriate behavior plan for the
3 student. If the student's parents do not meet with the principal and the
4 student's teacher within a reasonable amount of time, the student may
5 be moved to another class at the principal's discretion.
6 (e) If an individual removes an aggressive student from a class
7 under subsection (c), the principal may place the student in another
8 appropriate class or placement or into in-school suspension. The
9 principal may not return the student to the original class from
10 which the student was removed until the principal has:
11 (1) met with the student, the student's teacher, and the
12 student's parents to determine an appropriate behavior plan
13 for the student; and
14 (2) developed an appropriate classroom reintegration plan for
15 the student.
16 If the student's parents do not meet with the principal and the
17 student's teacher within a reasonable amount of time, the student
18 may be moved to another appropriate class or placement or into
19 in-school suspension at the principal's discretion.
2025 IN 1210—LS 7408/DI 143