Indiana 2025 Regular Session

Indiana Senate Bill SB0016 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 16
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-33-8.
7	7	Synopsis: Expulsion and suspension. Provides that a student may be
8	8	suspended or expelled only upon: (1) a determination that the student's
9	9	suspension or expulsion will prevent or substantially reduce the risk of
10	10	interference with an educational function or school purposes,
11	11	disruption of the school learning environment, or physical injury to the
12	12	student, other students, school employees, or school visitors; and (2) in
13	13	the case of an expulsion, a determination that all other available and
14	14	appropriate disciplinary and behavioral interventions have been
15	15	exhausted. Provides that notice to a parent of: (1) a student's
16	16	suspension or expulsion must include the rationale for the length of the
17	17	suspension or expulsion; and (2) the right to appear at an expulsion
18	18	meeting must include the behavioral and disciplinary interventions
19	19	attempted, if any, and the rationale for the length of the expulsion.
20	20	Provides that if a student is suspended, the student must be provided:
21	21	(1) appropriate and available support services, as determined by the
22	22	school, during the suspension period; and (2) an opportunity to receive
23	23	credit for completion of make up work.
24	24	Effective: July 1, 2025.
25	25	Randolph Lonnie M, Yoder
26	26	January 8, 2025, read first time and referred to Committee on Education and Career
27	27	Development.
28	28	2025 IN 16—LS 6071/DI 152 Introduced
29	29	First Regular Session of the 124th General Assembly (2025)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2024 Regular Session of the General Assembly.
39	39	SENATE BILL No. 16
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning
41	41	education.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 20-33-8-14, AS ADDED BY P.L.1-2005,
44	44	2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	3 JULY 1, 2025]: Sec. 14. (a) Subject to section 17.5 of this chapter,
46	46	4 the following are the grounds for student suspension or expulsion,
47	47	5 subject to the procedural requirements of this chapter and as stated by
48	48	6 school corporation rules:
49	49	7 (1) Student misconduct.
50	50	8 (2) Substantial disobedience.
51	51	9 (b) The grounds for suspension or expulsion listed in subsection (a)
52	52	10 apply when a student is:
53	53	11 (1) on school grounds immediately before or during school hours,
54	54	12 or immediately after school hours, or at any other time when the
55	55	13 school is being used by a school group;
56	56	14 (2) off school grounds at a school activity, function, or event; or
57	57	15 (3) traveling to or from school or a school activity, function, or
58	58	16 event.
59	59	17 SECTION 2. IC 20-33-8-15, AS ADDED BY P.L.1-2005,
60	60	2025 IN 16—LS 6071/DI 152 2
61	61	1 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
62	62	2 JULY 1, 2025]: Sec. 15. In addition to the grounds specified in section
63	63	3 14 of this chapter and subject to section 17.5 of this chapter, a
64	64	4 student may be suspended or expelled for engaging in unlawful activity
65	65	5 on or off school grounds if:
66	66	6 (1) the unlawful activity may reasonably be considered to be an
67	67	7 interference with school purposes or an educational function; or
68	68	8 (2) the student's removal is necessary to restore order or protect
69	69	9 persons on school property;
70	70	10 including an unlawful activity during weekends, holidays, other school
71	71	11 breaks, and the summer period when a student may not be attending
72	72	12 classes or other school functions.
73	73	13 SECTION 3. IC 20-33-8-16, AS AMENDED BY P.L.233-2015,
74	74	14 SECTION 261, IS AMENDED TO READ AS FOLLOWS
75	75	15 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) As used in this section,
76	76	16 "firearm" has the meaning set forth in IC 35-47-1-5.
77	77	17 (b) As used in this section, "deadly weapon" has the meaning set
78	78	18 forth in IC 35-31.5-2-86. The term does not include a firearm or
79	79	19 destructive device.
80	80	20 (c) As used in this section, "destructive device" has the meaning set
81	81	21 forth in IC 35-47.5-2-4.
82	82	22 (d) Notwithstanding section 20 of this chapter and subject to
83	83	23 section 17.5 of this chapter, a student who is:
84	84	24 (1) identified as bringing a firearm or destructive device to school
85	85	25 or on school property; or
86	86	26 (2) in possession of a firearm or destructive device on school
87	87	27 property;
88	88	28 must be expelled for at least one (1) calendar year, with the return of
89	89	29 the student to be at the beginning of the first school semester after the
90	90	30 end of the one (1) year period.
91	91	31 (e) The superintendent may, on a case by case basis, modify the
92	92	32 period of expulsion under subsection (d) for a student who is expelled
93	93	33 under this section.
94	94	34 (f) Notwithstanding section 20 of this chapter and subject to
95	95	35 section 17.5 of this chapter, a student who is:
96	96	36 (1) identified as bringing a deadly weapon to school or on school
97	97	37 property; or
98	98	38 (2) in possession of a deadly weapon on school property;
99	99	39 may be expelled for not more than one (1) calendar year.
100	100	40 (g) A superintendent or the superintendent's designee shall
101	101	41 immediately notify the appropriate law enforcement agency having
102	102	42 jurisdiction over the property where the school is located if a student
103	103	2025 IN 16—LS 6071/DI 152 3
104	104	1 engages in a behavior described in subsection (d). The superintendent
105	105	2 may give similar notice if the student engages in a behavior described
106	106	3 in subsection (f). Upon receiving notification under this subsection, the
107	107	4 law enforcement agency shall begin an investigation and take
108	108	5 appropriate action.
109	109	6 (h) A student with a disability (as defined in IC 20-35-1-8) who
110	110	7 possesses a firearm on school property is subject to procedural
111	111	8 safeguards under 20 U.S.C. 1415.
112	112	9 SECTION 4. IC 20-33-8-17.5 IS ADDED TO THE INDIANA
113	113	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
114	114	11 [EFFECTIVE JULY 1, 2025]: Sec. 17.5. (a) A student may not be
115	115	12 suspended under section 14, 15, or 16 of this chapter unless the
116	116	13 principal determines that the student's suspension will prevent or
117	117	14 substantially reduce the risk of:
118	118	15 (1) interference with an educational function or school
119	119	16 purposes;
120	120	17 (2) disruption of the school learning environment; or
121	121	18 (3) physical injury to the student, other students, school
122	122	19 employees, or visitors to the school.
123	123	20 (b) A student may not be expelled under section 14, 15, or 16 of
124	124	21 this chapter unless the superintendent or the superintendent's
125	125	22 designee determines:
126	126	23 (1) all other available and appropriate:
127	127	24 (A) disciplinary interventions; and
128	128	25 (B) behavioral interventions;
129	129	26 have been exhausted; and
130	130	27 (2) the student's expulsion will prevent or substantially reduce
131	131	28 the risk of:
132	132	29 (A) interference with an educational function or school
133	133	30 purposes;
134	134	31 (B) disruption of the school learning environment; or
135	135	32 (C) physical injury to the student, other students, school
136	136	33 employees, or visitors to the school.
137	137	34 SECTION 5. IC 20-33-8-18, AS AMENDED BY P.L.155-2020,
138	138	35 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139	139	36 JULY 1, 2025]: Sec. 18. (a) A principal may suspend a student for not
140	140	37 more than ten (10) school days under section 14, 15, or 16 of this
141	141	38 chapter. However, the student may be suspended for more than ten (10)
142	142	39 school days under section 23 of this chapter.
143	143	40 (b) A principal may not suspend a student before the principal
144	144	41 affords the student an opportunity for a meeting during which the
145	145	42 student is entitled to the following:
146	146	2025 IN 16—LS 6071/DI 152 4
147	147	1 (1) A written or an oral statement of the charges against the
148	148	2 student.
149	149	3 (2) If the student denies the charges, a summary of the evidence
150	150	4 against the student.
151	151	5 (3) An opportunity for the student to explain the student's
152	152	6 conduct.
153	153	7 (c) When misconduct requires immediate removal of a student, the
154	154	8 meeting under subsection (b) must begin as soon as reasonably possible
155	155	9 after the student's suspension.
156	156	10 (d) Following a suspension, the principal shall send a written
157	157	11 statement to the parent of the suspended student describing the
158	158	12 following:
159	159	13 (1) The student's misconduct.
160	160	14 (2) The action taken by the principal.
161	161	15 (3) The rationale for the length of the suspension.
162	162	16 (e) If a student is suspended, the student is required to complete all
163	163	17 assignments and school work assigned during the period of the
164	164	18 student's suspension. The principal or the principal's designee shall
165	165	19 ensure that the student receives:
166	166	20 (1) notice of any assignments or school work due;
167	167	21 (2) teacher contact information in the event the student has
168	168	22 questions regarding the assignments or school work; and
169	169	23 (3) credit, in the same manner that a student who is not suspended
170	170	24 would receive, for any assignments or school work assigned
171	171	25 during the period of the student's suspension that the student
172	172	26 completes.
173	173	27 A student may be allowed to make up missed tests or quizzes when the
174	174	28 student returns to school.
175	175	29 (f) If a student is suspended, the student shall be provided:
176	176	30 (1) appropriate and available support services, as determined
177	177	31 by the school, during the suspension period; and
178	178	32 (2) an opportunity to receive credit for completion of make up
179	179	33 work.
180	180	34 SECTION 6. IC 20-33-8-19, AS AMENDED BY P.L.150-2024,
181	181	35 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182	182	36 JULY 1, 2025]: Sec. 19. (a) A superintendent of a school corporation
183	183	37 may conduct an expulsion meeting or appoint one (1) of the following
184	184	38 to conduct an expulsion meeting:
185	185	39 (1) Legal counsel.
186	186	40 (2) A member of the administrative staff if the member:
187	187	41 (A) has not expelled the student during the current school
188	188	42 year; and
189	189	2025 IN 16—LS 6071/DI 152 5
190	190	1 (B) was not involved in the events giving rise to the expulsion.
191	191	2 The superintendent or a person designated under this subsection may
192	192	3 issue subpoenas, compel the attendance of witnesses, and administer
193	193	4 oaths to persons giving testimony at an expulsion meeting.
194	194	5 (b) An expulsion may take place only after the student and the
195	195	6 student's parent are given notice of their right to appear at an expulsion
196	196	7 meeting with the superintendent or a person designated under
197	197	8 subsection (a). Notice of the right to appear at an expulsion meeting
198	198	9 must:
199	199	10 (1) be made by:
200	200	11 (A) certified mail or by personal delivery; or
201	201	12 (B) electronic mail if the:
202	202	13 (i) parent has provided the electronic mail address to the
203	203	14 school as a means of communication and, in the case of a
204	204	15 student, the electronic mail is sent to the student's school
205	205	16 created electronic mail address; and
206	206	17 (ii) school is able to confirm the electronic mail was opened
207	207	18 and responded to by a user of the electronic mail account
208	208	19 under item (i);
209	209	20 (2) contain:
210	210	21 (A) the reasons for the expulsion;
211	211	22 (B) the behavioral and disciplinary interventions
212	212	23 attempted, if any; and
213	213	24 (C) the rationale for the length of the expulsion; and
214	214	25 (3) contain the procedure for requesting an expulsion meeting.
215	215	26 If the school is unable to confirm within forty-eight (48) hours from the
216	216	27 time the electronic mail was sent under subdivision (1)(B) that the
217	217	28 electronic mail was opened and responded to by a user of the electronic
218	218	29 mail account as described in subdivision (1)(B)(ii), notice to the
219	219	30 student and the parent of the student under this subsection must be
220	220	31 made by certified mail or by personal delivery.
221	221	32 (c) The individual conducting an expulsion meeting:
222	222	33 (1) shall make a written summary of the evidence heard at the
223	223	34 expulsion meeting;
224	224	35 (2) may take action that the individual finds appropriate;
225	225	36 (3) shall provide the information described in subsection (g) to
226	226	37 the student and the student's parent; and
227	227	38 (4) must give notice of the action taken under subdivision (2) to
228	228	39 the student and the student's parent.
229	229	40 (d) If the student or the student's parent not later than ten (10) days
230	230	41 of receipt of a notice of action taken under subsection (c) makes a
231	231	42 written appeal to the governing body, the governing body:
232	232	2025 IN 16—LS 6071/DI 152 6
233	233	1 (1) shall hold a meeting to consider:
234	234	2 (A) the written summary of evidence prepared under
235	235	3 subsection (c)(1); and
236	236	4 (B) the arguments of the principal and the student or the
237	237	5 student's parent;
238	238	6 unless the governing body has voted under subsection (f) not to
239	239	7 hear appeals of actions taken under subsection (c); and
240	240	8 (2) may take action that the governing body finds appropriate.
241	241	9 The decision of the governing body may be appealed only under
242	242	10 section 21 of this chapter.
243	243	11 (e) A student or a student's parent who fails to request and appear
244	244	12 at an expulsion meeting after receipt of notice of the right to appear at
245	245	13 an expulsion meeting forfeits all rights administratively to contest and
246	246	14 appeal the expulsion. For purposes of this section, notice of the right to
247	247	15 appear at an expulsion meeting or notice of the action taken at an
248	248	16 expulsion meeting is effectively given at the time when the request or
249	249	17 notice is:
250	250	18 (1) delivered personally or sent by certified mail to a student and
251	251	19 the student's parent; or
252	252	20 (2) made by:
253	253	21 (A) electronic mail to the student and the student's parent if
254	254	22 the:
255	255	23 (i) parent has provided the electronic mail address to the
256	256	24 school as a means of communication and, in the case of a
257	257	25 student, the electronic mail is sent to the student's school
258	258	26 created electronic mail address; and
259	259	27 (ii) school confirms the electronic mail was opened and
260	260	28 responded to by a user of the electronic mail account under
261	261	29 item (i); or
262	262	30 (B) if the school is unable to confirm within forty-eight (48)
263	263	31 hours from the time that the electronic mail was sent under
264	264	32 clause (A) that the electronic mail was opened and responded
265	265	33 to by a user of the electronic mail account as described in
266	266	34 clause (A)(ii), personal delivery or is sent by certified mail to
267	267	35 the student and the student's parent.
268	268	36 (f) The governing body may vote to not hear appeals of actions
269	269	37 taken under subsection (c). If the governing body votes to not hear
270	270	38 appeals, subsequent to the date on which the vote is taken, a student or
271	271	39 parent may appeal only under section 21 of this chapter.
272	272	40 (g) Each school corporation shall annually prepare a list of:
273	273	41 (1) alternative education programs in the same county in which
274	274	42 the school corporation is located or a county immediately adjacent
275	275	2025 IN 16—LS 6071/DI 152 7
276	276	1 to the county in which the school corporation is located; and
277	277	2 (2) virtual charter schools;
278	278	3 in which a student may enroll if the student is expelled. The list must
279	279	4 contain contact information for the entities described in subdivisions
280	280	5 (1) and (2) and must provide the student and the student's parent notice
281	281	6 that the student may be required to comply with IC 20-33-2 or any
282	282	7 statute relating to compulsory school attendance in accordance with
283	283	8 section 31 of this chapter. A copy of the list shall be provided to the
284	284	9 student or the student's parent at the expulsion meeting. If the student
285	285	10 or student's parent fails to attend an expulsion meeting, a copy of the
286	286	11 list shall be mailed to the student's residence.
287	287	2025 IN 16—LS 6071/DI 152