Introduced Version
SENATE BILL No. 16
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-33-8.
Synopsis: Expulsion and suspension. 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: July 1, 2025.
Randolph Lonnie M, Yoder
January 8, 2025, read first time and referred to Committee on Education and Career
Development.
2025 IN 16—LS 6071/DI 152 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 16
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 20-33-8-14, AS ADDED BY P.L.1-2005,
2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 14. (a) Subject to section 17.5 of this chapter,
4 the following are the grounds for student suspension or expulsion,
5 subject to the procedural requirements of this chapter and as stated by
6 school corporation rules:
7 (1) Student misconduct.
8 (2) Substantial disobedience.
9 (b) The grounds for suspension or expulsion listed in subsection (a)
10 apply when a student is:
11 (1) on school grounds immediately before or during school hours,
12 or immediately after school hours, or at any other time when the
13 school is being used by a school group;
14 (2) off school grounds at a school activity, function, or event; or
15 (3) traveling to or from school or a school activity, function, or
16 event.
17 SECTION 2. IC 20-33-8-15, AS ADDED BY P.L.1-2005,
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1 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 15. In addition to the grounds specified in section
3 14 of this chapter and subject to section 17.5 of this chapter, a
4 student may be suspended or expelled for engaging in unlawful activity
5 on or off school grounds if:
6 (1) the unlawful activity may reasonably be considered to be an
7 interference with school purposes or an educational function; or
8 (2) the student's removal is necessary to restore order or protect
9 persons on school property;
10 including an unlawful activity during weekends, holidays, other school
11 breaks, and the summer period when a student may not be attending
12 classes or other school functions.
13 SECTION 3. IC 20-33-8-16, AS AMENDED BY P.L.233-2015,
14 SECTION 261, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) As used in this section,
16 "firearm" has the meaning set forth in IC 35-47-1-5.
17 (b) As used in this section, "deadly weapon" has the meaning set
18 forth in IC 35-31.5-2-86. The term does not include a firearm or
19 destructive device.
20 (c) As used in this section, "destructive device" has the meaning set
21 forth in IC 35-47.5-2-4.
22 (d) Notwithstanding section 20 of this chapter and subject to
23 section 17.5 of this chapter, a student who is:
24 (1) identified as bringing a firearm or destructive device to school
25 or on school property; or
26 (2) in possession of a firearm or destructive device on school
27 property;
28 must be expelled for at least one (1) calendar year, with the return of
29 the student to be at the beginning of the first school semester after the
30 end of the one (1) year period.
31 (e) The superintendent may, on a case by case basis, modify the
32 period of expulsion under subsection (d) for a student who is expelled
33 under this section.
34 (f) Notwithstanding section 20 of this chapter and subject to
35 section 17.5 of this chapter, a student who is:
36 (1) identified as bringing a deadly weapon to school or on school
37 property; or
38 (2) in possession of a deadly weapon on school property;
39 may be expelled for not more than one (1) calendar year.
40 (g) A superintendent or the superintendent's designee shall
41 immediately notify the appropriate law enforcement agency having
42 jurisdiction over the property where the school is located if a student
2025 IN 16—LS 6071/DI 152 3
1 engages in a behavior described in subsection (d). The superintendent
2 may give similar notice if the student engages in a behavior described
3 in subsection (f). Upon receiving notification under this subsection, the
4 law enforcement agency shall begin an investigation and take
5 appropriate action.
6 (h) A student with a disability (as defined in IC 20-35-1-8) who
7 possesses a firearm on school property is subject to procedural
8 safeguards under 20 U.S.C. 1415.
9 SECTION 4. IC 20-33-8-17.5 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 17.5. (a) A student may not be
12 suspended under section 14, 15, or 16 of this chapter unless the
13 principal determines that the student's suspension will prevent or
14 substantially reduce the risk of:
15 (1) interference with an educational function or school
16 purposes;
17 (2) disruption of the school learning environment; or
18 (3) physical injury to the student, other students, school
19 employees, or visitors to the school.
20 (b) A student may not be expelled under section 14, 15, or 16 of
21 this chapter unless the superintendent or the superintendent's
22 designee determines:
23 (1) all other available and appropriate:
24 (A) disciplinary interventions; and
25 (B) behavioral interventions;
26 have been exhausted; and
27 (2) the student's expulsion will prevent or substantially reduce
28 the risk of:
29 (A) interference with an educational function or school
30 purposes;
31 (B) disruption of the school learning environment; or
32 (C) physical injury to the student, other students, school
33 employees, or visitors to the school.
34 SECTION 5. IC 20-33-8-18, AS AMENDED BY P.L.155-2020,
35 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 18. (a) A principal may suspend a student for not
37 more than ten (10) school days under section 14, 15, or 16 of this
38 chapter. However, the student may be suspended for more than ten (10)
39 school days under section 23 of this chapter.
40 (b) A principal may not suspend a student before the principal
41 affords the student an opportunity for a meeting during which the
42 student is entitled to the following:
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1 (1) A written or an oral statement of the charges against the
2 student.
3 (2) If the student denies the charges, a summary of the evidence
4 against the student.
5 (3) An opportunity for the student to explain the student's
6 conduct.
7 (c) When misconduct requires immediate removal of a student, the
8 meeting under subsection (b) must begin as soon as reasonably possible
9 after the student's suspension.
10 (d) Following a suspension, the principal shall send a written
11 statement to the parent of the suspended student describing the
12 following:
13 (1) The student's misconduct.
14 (2) The action taken by the principal.
15 (3) The rationale for the length of the suspension.
16 (e) If a student is suspended, the student is required to complete all
17 assignments and school work assigned during the period of the
18 student's suspension. The principal or the principal's designee shall
19 ensure that the student receives:
20 (1) notice of any assignments or school work due;
21 (2) teacher contact information in the event the student has
22 questions regarding the assignments or school work; and
23 (3) credit, in the same manner that a student who is not suspended
24 would receive, for any assignments or school work assigned
25 during the period of the student's suspension that the student
26 completes.
27 A student may be allowed to make up missed tests or quizzes when the
28 student returns to school.
29 (f) If a student is suspended, the student shall be provided:
30 (1) appropriate and available support services, as determined
31 by the school, during the suspension period; and
32 (2) an opportunity to receive credit for completion of make up
33 work.
34 SECTION 6. IC 20-33-8-19, AS AMENDED BY P.L.150-2024,
35 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 19. (a) A superintendent of a school corporation
37 may conduct an expulsion meeting or appoint one (1) of the following
38 to conduct an expulsion meeting:
39 (1) Legal counsel.
40 (2) A member of the administrative staff if the member:
41 (A) has not expelled the student during the current school
42 year; and
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1 (B) was not involved in the events giving rise to the expulsion.
2 The superintendent or a person designated under this subsection may
3 issue subpoenas, compel the attendance of witnesses, and administer
4 oaths to persons giving testimony at an expulsion meeting.
5 (b) An expulsion may take place only after the student and the
6 student's parent are given notice of their right to appear at an expulsion
7 meeting with the superintendent or a person designated under
8 subsection (a). Notice of the right to appear at an expulsion meeting
9 must:
10 (1) be made by:
11 (A) certified mail or by personal delivery; or
12 (B) electronic mail if the:
13 (i) parent has provided the electronic mail address to the
14 school as a means of communication and, in the case of a
15 student, the electronic mail is sent to the student's school
16 created electronic mail address; and
17 (ii) school is able to confirm the electronic mail was opened
18 and responded to by a user of the electronic mail account
19 under item (i);
20 (2) contain:
21 (A) the reasons for the expulsion;
22 (B) the behavioral and disciplinary interventions
23 attempted, if any; and
24 (C) the rationale for the length of the expulsion; and
25 (3) contain the procedure for requesting an expulsion meeting.
26 If the school is unable to confirm within forty-eight (48) hours from the
27 time the electronic mail was sent under subdivision (1)(B) that the
28 electronic mail was opened and responded to by a user of the electronic
29 mail account as described in subdivision (1)(B)(ii), notice to the
30 student and the parent of the student under this subsection must be
31 made by certified mail or by personal delivery.
32 (c) The individual conducting an expulsion meeting:
33 (1) shall make a written summary of the evidence heard at the
34 expulsion meeting;
35 (2) may take action that the individual finds appropriate;
36 (3) shall provide the information described in subsection (g) to
37 the student and the student's parent; and
38 (4) must give notice of the action taken under subdivision (2) to
39 the student and the student's parent.
40 (d) If the student or the student's parent not later than ten (10) days
41 of receipt of a notice of action taken under subsection (c) makes a
42 written appeal to the governing body, the governing body:
2025 IN 16—LS 6071/DI 152 6
1 (1) shall hold a meeting to consider:
2 (A) the written summary of evidence prepared under
3 subsection (c)(1); and
4 (B) the arguments of the principal and the student or the
5 student's parent;
6 unless the governing body has voted under subsection (f) not to
7 hear appeals of actions taken under subsection (c); and
8 (2) may take action that the governing body finds appropriate.
9 The decision of the governing body may be appealed only under
10 section 21 of this chapter.
11 (e) A student or a student's parent who fails to request and appear
12 at an expulsion meeting after receipt of notice of the right to appear at
13 an expulsion meeting forfeits all rights administratively to contest and
14 appeal the expulsion. For purposes of this section, notice of the right to
15 appear at an expulsion meeting or notice of the action taken at an
16 expulsion meeting is effectively given at the time when the request or
17 notice is:
18 (1) delivered personally or sent by certified mail to a student and
19 the student's parent; or
20 (2) made by:
21 (A) electronic mail to the student and the student's parent if
22 the:
23 (i) parent has provided the electronic mail address to the
24 school as a means of communication and, in the case of a
25 student, the electronic mail is sent to the student's school
26 created electronic mail address; and
27 (ii) school confirms the electronic mail was opened and
28 responded to by a user of the electronic mail account under
29 item (i); or
30 (B) if the school is unable to confirm within forty-eight (48)
31 hours from the time that the electronic mail was sent under
32 clause (A) that the electronic mail was opened and responded
33 to by a user of the electronic mail account as described in
34 clause (A)(ii), personal delivery or is sent by certified mail to
35 the student and the student's parent.
36 (f) The governing body may vote to not hear appeals of actions
37 taken under subsection (c). If the governing body votes to not hear
38 appeals, subsequent to the date on which the vote is taken, a student or
39 parent may appeal only under section 21 of this chapter.
40 (g) Each school corporation shall annually prepare a list of:
41 (1) alternative education programs in the same county in which
42 the school corporation is located or a county immediately adjacent
2025 IN 16—LS 6071/DI 152 7
1 to the county in which the school corporation is located; and
2 (2) virtual charter schools;
3 in which a student may enroll if the student is expelled. The list must
4 contain contact information for the entities described in subdivisions
5 (1) and (2) and must provide the student and the student's parent notice
6 that the student may be required to comply with IC 20-33-2 or any
7 statute relating to compulsory school attendance in accordance with
8 section 31 of this chapter. A copy of the list shall be provided to the
9 student or the student's parent at the expulsion meeting. If the student
10 or student's parent fails to attend an expulsion meeting, a copy of the
11 list shall be mailed to the student's residence.
2025 IN 16—LS 6071/DI 152