1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1210 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 20-20-50.3; IC 20-33-8. |
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7 | 7 | | Synopsis: Student behavior. Establishes the behavioral health fund |
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8 | 8 | | (fund) for the purpose of improving funding for individualized |
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9 | 9 | | education programs that have a behavioral intervention plan |
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10 | 10 | | component for certain schools. Provides that the department of |
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11 | 11 | | education, in coordination with the behavioral health commission, shall |
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12 | 12 | | administer the fund. Creates an application and review process for the |
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13 | 13 | | disbursement of a grant from the fund. Defines certain terms. Provides |
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14 | 14 | | a procedure for a principal to place an aggressive student, who has |
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15 | 15 | | been removed from a class, into the aggressive student's original class, |
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16 | 16 | | another appropriate class or placement, or in-school suspension. |
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17 | 17 | | Effective: July 1, 2025. |
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18 | 18 | | Rowray |
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19 | 19 | | January 8, 2025, read first time and referred to Committee on Education. |
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20 | 20 | | 2025 IN 1210—LS 7408/DI 143 Introduced |
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21 | 21 | | First Regular Session of the 124th General Assembly (2025) |
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22 | 22 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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23 | 23 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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24 | 24 | | additions will appear in this style type, and deletions will appear in this style type. |
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25 | 25 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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26 | 26 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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27 | 27 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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28 | 28 | | a new provision to the Indiana Code or the Indiana Constitution. |
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29 | 29 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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30 | 30 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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31 | 31 | | HOUSE BILL No. 1210 |
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32 | 32 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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33 | 33 | | education and to make an appropriation. |
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34 | 34 | | Be it enacted by the General Assembly of the State of Indiana: |
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35 | 35 | | 1 SECTION 1. IC 20-20-50.3 IS ADDED TO THE INDIANA CODE |
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36 | 36 | | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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37 | 37 | | 3 JULY 1, 2025]: |
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38 | 38 | | 4 Chapter 50.3. Behavioral Health Fund |
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39 | 39 | | 5 Sec. 1. The following definitions apply throughout this chapter: |
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40 | 40 | | 6 (1) "Behavioral intervention plan" has the meaning in 511 |
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41 | 41 | | 7 IAC 7-32-10. |
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42 | 42 | | 8 (2) "Commission" refers to the Indiana behavioral health |
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43 | 43 | | 9 commission established by IC 12-21-7.1-2. |
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44 | 44 | | 10 (3) "Fund" refers to the behavioral health fund established by |
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45 | 45 | | 11 section 3 of this chapter. |
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46 | 46 | | 12 (4) "Program" refers to the behavioral health program |
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47 | 47 | | 13 established by section 2 of this chapter. |
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48 | 48 | | 14 (5) "Public school" has the meaning in IC 20-18-2-15. |
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49 | 49 | | 15 Sec. 2. (a) The behavioral health program is established. |
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50 | 50 | | 16 (b) The department, in coordination with the commission, shall |
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51 | 51 | | 17 administer the program. |
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52 | 52 | | 2025 IN 1210—LS 7408/DI 143 2 |
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53 | 53 | | 1 Sec. 3. (a) The behavioral health fund is established for the |
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54 | 54 | | 2 purpose of providing grants to public schools to improve funding |
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55 | 55 | | 3 for individualized education programs that have a behavioral |
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56 | 56 | | 4 intervention plan component. |
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57 | 57 | | 5 (b) The fund consists of the following: |
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58 | 58 | | 6 (1) Appropriations by the general assembly. |
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59 | 59 | | 7 (2) Grants, gifts, and donations to the fund. |
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60 | 60 | | 8 (c) The department shall administer the fund. |
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61 | 61 | | 9 (d) The expenses of administering the fund shall be paid from |
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62 | 62 | | 10 money in the fund. |
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63 | 63 | | 11 (e) The treasurer of state shall invest money in the fund not |
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64 | 64 | | 12 currently needed to meet the obligations of the fund in the same |
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65 | 65 | | 13 manner as other public money may be invested. Interest that |
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66 | 66 | | 14 accrues from these investments shall be deposited in the fund. |
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67 | 67 | | 15 (f) Money in the fund at the end of a state fiscal year does not |
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68 | 68 | | 16 revert to the state general fund. |
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69 | 69 | | 17 (g) Money in the fund is continuously appropriated for the |
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70 | 70 | | 18 purposes of this chapter. |
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71 | 71 | | 19 Sec. 4. The department, in cooperation with the commission, |
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72 | 72 | | 20 shall create an application process for a grant from the fund that |
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73 | 73 | | 21 contains the following: |
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74 | 74 | | 22 (1) The percentage of individualized education programs with |
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75 | 75 | | 23 a behavioral intervention plan component at the public |
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76 | 76 | | 24 school. |
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77 | 77 | | 25 (2) A detailed, evidence based report regarding the need for |
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78 | 78 | | 26 additional funding. |
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79 | 79 | | 27 (3) Any other information requested by the department. |
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80 | 80 | | 28 Sec. 5. The money in the fund must be used to provide grants to |
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81 | 81 | | 29 public schools that meet the requirements described in section 4 of |
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82 | 82 | | 30 this chapter. |
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83 | 83 | | 31 Sec. 6. The department may award grants to school |
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84 | 84 | | 32 corporations: |
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85 | 85 | | 33 (1) upon review of the applications received under section 4 of |
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86 | 86 | | 34 this chapter; |
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87 | 87 | | 35 (2) subject to available money; and |
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88 | 88 | | 36 (3) in accordance with the following priorities: |
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89 | 89 | | 37 (A) To the extent possible, to achieve geographic balance |
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90 | 90 | | 38 throughout Indiana and to include urban, suburban, and |
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91 | 91 | | 39 rural school corporations. |
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92 | 92 | | 40 (B) To address a documented need for funding concerning |
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93 | 93 | | 41 individualized education programs with a behavioral |
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94 | 94 | | 42 intervention plan component. |
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95 | 95 | | 2025 IN 1210—LS 7408/DI 143 3 |
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96 | 96 | | 1 Sec. 7. The department may adopt rules under IC 4-22-2 |
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97 | 97 | | 2 necessary to implement this chapter. |
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98 | 98 | | 3 Sec. 8. Beginning in 2026, not later than September 1 of each |
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99 | 99 | | 4 year, the department shall prepare a report regarding the fund and |
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100 | 100 | | 5 submit the report to the legislative council in an electronic format |
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101 | 101 | | 6 under IC 5-14-6. |
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102 | 102 | | 7 SECTION 2. IC 20-33-8-0.1 IS ADDED TO THE INDIANA CODE |
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103 | 103 | | 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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104 | 104 | | 9 1, 2025]: Sec. 0.1. As used in this chapter, "aggressive student" |
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105 | 105 | | 10 means a student who has a documented record of frequent |
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106 | 106 | | 11 disruptions of the traditional school learning environment despite |
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107 | 107 | | 12 repeated attempts by the school corporation to modify the |
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108 | 108 | | 13 student's behavior in conformity with a progressive disciplinary |
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109 | 109 | | 14 program approved by the department. |
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110 | 110 | | 15 SECTION 3. IC 20-33-8-0.3 IS ADDED TO THE INDIANA CODE |
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111 | 111 | | 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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112 | 112 | | 17 1, 2025]: Sec. 0.3. As used in this chapter, "classroom reintegration |
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113 | 113 | | 18 plan" means a plan to place an aggressive student, who has been |
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114 | 114 | | 19 removed from a class as described in section 9(e) of this chapter, |
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115 | 115 | | 20 in: |
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116 | 116 | | 21 (1) the aggressive student's original class; |
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117 | 117 | | 22 (2) another appropriate class or placement; or |
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118 | 118 | | 23 (3) in-school suspension; |
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119 | 119 | | 24 in a manner that minimizes disruptions to the traditional school |
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120 | 120 | | 25 learning environment. |
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121 | 121 | | 26 SECTION 4. IC 20-33-8-9, AS AMENDED BY P.L.121-2009, |
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122 | 122 | | 27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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123 | 123 | | 28 JULY 1, 2025]: Sec. 9. (a) This section applies to an individual who: |
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124 | 124 | | 29 (1) is a teacher or other school staff member; and |
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125 | 125 | | 30 (2) has students under the individual's charge. |
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126 | 126 | | 31 (b) An individual may take any action that is reasonably necessary |
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127 | 127 | | 32 to carry out or to prevent an interference with an educational function |
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128 | 128 | | 33 that the individual supervises. |
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129 | 129 | | 34 (c) Subject to rules of the governing body and the administrative |
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130 | 130 | | 35 staff, an individual may remove a student for a period that does not |
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131 | 131 | | 36 exceed five (5) school days from an educational function supervised by |
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132 | 132 | | 37 the individual or another individual who is a teacher or other school |
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133 | 133 | | 38 staff member. |
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134 | 134 | | 39 (d) If an individual removes a student from a class under subsection |
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135 | 135 | | 40 (c), the principal may place the student in another appropriate class or |
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136 | 136 | | 41 placement or into in-school suspension. The principal may not return |
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137 | 137 | | 42 the student to the class from which the student was removed until the |
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138 | 138 | | 2025 IN 1210—LS 7408/DI 143 4 |
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139 | 139 | | 1 principal has met with the student, the student's teacher, and the |
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140 | 140 | | 2 student's parents to determine an appropriate behavior plan for the |
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141 | 141 | | 3 student. If the student's parents do not meet with the principal and the |
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142 | 142 | | 4 student's teacher within a reasonable amount of time, the student may |
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143 | 143 | | 5 be moved to another class at the principal's discretion. |
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144 | 144 | | 6 (e) If an individual removes an aggressive student from a class |
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145 | 145 | | 7 under subsection (c), the principal may place the student in another |
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146 | 146 | | 8 appropriate class or placement or into in-school suspension. The |
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147 | 147 | | 9 principal may not return the student to the original class from |
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148 | 148 | | 10 which the student was removed until the principal has: |
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149 | 149 | | 11 (1) met with the student, the student's teacher, and the |
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150 | 150 | | 12 student's parents to determine an appropriate behavior plan |
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151 | 151 | | 13 for the student; and |
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152 | 152 | | 14 (2) developed an appropriate classroom reintegration plan for |
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153 | 153 | | 15 the student. |
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154 | 154 | | 16 If the student's parents do not meet with the principal and the |
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155 | 155 | | 17 student's teacher within a reasonable amount of time, the student |
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156 | 156 | | 18 may be moved to another appropriate class or placement or into |
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157 | 157 | | 19 in-school suspension at the principal's discretion. |
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158 | 158 | | 2025 IN 1210—LS 7408/DI 143 |
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