Indiana 2025 Regular Session

Indiana House Bill HB1210 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1210
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-20-50.3; IC 20-33-8.
77 Synopsis: Student behavior. Establishes the behavioral health fund
88 (fund) for the purpose of improving funding for individualized
99 education programs that have a behavioral intervention plan
1010 component for certain schools. Provides that the department of
1111 education, in coordination with the behavioral health commission, shall
1212 administer the fund. Creates an application and review process for the
1313 disbursement of a grant from the fund. Defines certain terms. Provides
1414 a procedure for a principal to place an aggressive student, who has
1515 been removed from a class, into the aggressive student's original class,
1616 another appropriate class or placement, or in-school suspension.
1717 Effective: July 1, 2025.
1818 Rowray
1919 January 8, 2025, read first time and referred to Committee on Education.
2020 2025 IN 1210—LS 7408/DI 143 Introduced
2121 First Regular Session of the 124th General Assembly (2025)
2222 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2323 Constitution) is being amended, the text of the existing provision will appear in this style type,
2424 additions will appear in this style type, and deletions will appear in this style type.
2525 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2626 provision adopted), the text of the new provision will appear in this style type. Also, the
2727 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2828 a new provision to the Indiana Code or the Indiana Constitution.
2929 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3030 between statutes enacted by the 2024 Regular Session of the General Assembly.
3131 HOUSE BILL No. 1210
3232 A BILL FOR AN ACT to amend the Indiana Code concerning
3333 education and to make an appropriation.
3434 Be it enacted by the General Assembly of the State of Indiana:
3535 1 SECTION 1. IC 20-20-50.3 IS ADDED TO THE INDIANA CODE
3636 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3737 3 JULY 1, 2025]:
3838 4 Chapter 50.3. Behavioral Health Fund
3939 5 Sec. 1. The following definitions apply throughout this chapter:
4040 6 (1) "Behavioral intervention plan" has the meaning in 511
4141 7 IAC 7-32-10.
4242 8 (2) "Commission" refers to the Indiana behavioral health
4343 9 commission established by IC 12-21-7.1-2.
4444 10 (3) "Fund" refers to the behavioral health fund established by
4545 11 section 3 of this chapter.
4646 12 (4) "Program" refers to the behavioral health program
4747 13 established by section 2 of this chapter.
4848 14 (5) "Public school" has the meaning in IC 20-18-2-15.
4949 15 Sec. 2. (a) The behavioral health program is established.
5050 16 (b) The department, in coordination with the commission, shall
5151 17 administer the program.
5252 2025 IN 1210—LS 7408/DI 143 2
5353 1 Sec. 3. (a) The behavioral health fund is established for the
5454 2 purpose of providing grants to public schools to improve funding
5555 3 for individualized education programs that have a behavioral
5656 4 intervention plan component.
5757 5 (b) The fund consists of the following:
5858 6 (1) Appropriations by the general assembly.
5959 7 (2) Grants, gifts, and donations to the fund.
6060 8 (c) The department shall administer the fund.
6161 9 (d) The expenses of administering the fund shall be paid from
6262 10 money in the fund.
6363 11 (e) The treasurer of state shall invest money in the fund not
6464 12 currently needed to meet the obligations of the fund in the same
6565 13 manner as other public money may be invested. Interest that
6666 14 accrues from these investments shall be deposited in the fund.
6767 15 (f) Money in the fund at the end of a state fiscal year does not
6868 16 revert to the state general fund.
6969 17 (g) Money in the fund is continuously appropriated for the
7070 18 purposes of this chapter.
7171 19 Sec. 4. The department, in cooperation with the commission,
7272 20 shall create an application process for a grant from the fund that
7373 21 contains the following:
7474 22 (1) The percentage of individualized education programs with
7575 23 a behavioral intervention plan component at the public
7676 24 school.
7777 25 (2) A detailed, evidence based report regarding the need for
7878 26 additional funding.
7979 27 (3) Any other information requested by the department.
8080 28 Sec. 5. The money in the fund must be used to provide grants to
8181 29 public schools that meet the requirements described in section 4 of
8282 30 this chapter.
8383 31 Sec. 6. The department may award grants to school
8484 32 corporations:
8585 33 (1) upon review of the applications received under section 4 of
8686 34 this chapter;
8787 35 (2) subject to available money; and
8888 36 (3) in accordance with the following priorities:
8989 37 (A) To the extent possible, to achieve geographic balance
9090 38 throughout Indiana and to include urban, suburban, and
9191 39 rural school corporations.
9292 40 (B) To address a documented need for funding concerning
9393 41 individualized education programs with a behavioral
9494 42 intervention plan component.
9595 2025 IN 1210—LS 7408/DI 143 3
9696 1 Sec. 7. The department may adopt rules under IC 4-22-2
9797 2 necessary to implement this chapter.
9898 3 Sec. 8. Beginning in 2026, not later than September 1 of each
9999 4 year, the department shall prepare a report regarding the fund and
100100 5 submit the report to the legislative council in an electronic format
101101 6 under IC 5-14-6.
102102 7 SECTION 2. IC 20-33-8-0.1 IS ADDED TO THE INDIANA CODE
103103 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
104104 9 1, 2025]: Sec. 0.1. As used in this chapter, "aggressive student"
105105 10 means a student who has a documented record of frequent
106106 11 disruptions of the traditional school learning environment despite
107107 12 repeated attempts by the school corporation to modify the
108108 13 student's behavior in conformity with a progressive disciplinary
109109 14 program approved by the department.
110110 15 SECTION 3. IC 20-33-8-0.3 IS ADDED TO THE INDIANA CODE
111111 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
112112 17 1, 2025]: Sec. 0.3. As used in this chapter, "classroom reintegration
113113 18 plan" means a plan to place an aggressive student, who has been
114114 19 removed from a class as described in section 9(e) of this chapter,
115115 20 in:
116116 21 (1) the aggressive student's original class;
117117 22 (2) another appropriate class or placement; or
118118 23 (3) in-school suspension;
119119 24 in a manner that minimizes disruptions to the traditional school
120120 25 learning environment.
121121 26 SECTION 4. IC 20-33-8-9, AS AMENDED BY P.L.121-2009,
122122 27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
123123 28 JULY 1, 2025]: Sec. 9. (a) This section applies to an individual who:
124124 29 (1) is a teacher or other school staff member; and
125125 30 (2) has students under the individual's charge.
126126 31 (b) An individual may take any action that is reasonably necessary
127127 32 to carry out or to prevent an interference with an educational function
128128 33 that the individual supervises.
129129 34 (c) Subject to rules of the governing body and the administrative
130130 35 staff, an individual may remove a student for a period that does not
131131 36 exceed five (5) school days from an educational function supervised by
132132 37 the individual or another individual who is a teacher or other school
133133 38 staff member.
134134 39 (d) If an individual removes a student from a class under subsection
135135 40 (c), the principal may place the student in another appropriate class or
136136 41 placement or into in-school suspension. The principal may not return
137137 42 the student to the class from which the student was removed until the
138138 2025 IN 1210—LS 7408/DI 143 4
139139 1 principal has met with the student, the student's teacher, and the
140140 2 student's parents to determine an appropriate behavior plan for the
141141 3 student. If the student's parents do not meet with the principal and the
142142 4 student's teacher within a reasonable amount of time, the student may
143143 5 be moved to another class at the principal's discretion.
144144 6 (e) If an individual removes an aggressive student from a class
145145 7 under subsection (c), the principal may place the student in another
146146 8 appropriate class or placement or into in-school suspension. The
147147 9 principal may not return the student to the original class from
148148 10 which the student was removed until the principal has:
149149 11 (1) met with the student, the student's teacher, and the
150150 12 student's parents to determine an appropriate behavior plan
151151 13 for the student; and
152152 14 (2) developed an appropriate classroom reintegration plan for
153153 15 the student.
154154 16 If the student's parents do not meet with the principal and the
155155 17 student's teacher within a reasonable amount of time, the student
156156 18 may be moved to another appropriate class or placement or into
157157 19 in-school suspension at the principal's discretion.
158158 2025 IN 1210—LS 7408/DI 143