Citations Affected:
IC 20-6.1-3-7
;
IC 20-8.1-5.1-10.
Synopsis: School safety. Requires a school superintendent to
immediately notify law enforcement authorities when a student brings
a firearm onto school property or is in possession of a firearm on school
property. Provides that the superintendent may give similar notice if a
deadly weapon other than a firearm is involved. Requires a law
enforcement agency that receives notice from a superintendent to
investigate and take appropriate action. Removes a requirement that the
superintendent notify the county prosecutor in similar situations.
Requires the superintendent of a school corporation or equivalent
authority of an accredited nonpublic school to notify the state
superintendent of public instruction when the administrator knows that
a current or former employee with a teacher's license has been
convicted of an offense for which a teacher loses a license. (The
introduced version of this bill was prepared by the interim study
committee on education issues.)
Effective: July 1, 2000.
November 18, 1999, read first time and referred to Committee on Corrections, Criminal
and Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
SECTION 1.
IC 20-6.1-3-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) On the written
recommendation of the state superintendent of public instruction, the
board may revoke a license for:
(1) immorality;
(2) misconduct in office;
(3) incompetency; or
(4) willful neglect of duty.
However, for each revocation the board shall comply with
IC 4-21.5-3.
(b) The superintendent of a school corporation or equivalent
authority for an accredited nonpublic school shall immediately
notify the state superintendent of public instruction when the
person knows that a current or former licensed employee of the
school corporation or accredited nonpublic school has been
convicted of an offense listed in subsection (c).
(c) The board, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the board
to have been convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(2) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(c) (d) A license may be suspended by the state superintendent of
public instruction as specified in
IC 20-6.1-4-13.
SECTION 2.
IC 20-8.1-5.1-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. (a) As used in this
section, "firearm" has the meaning set forth in
IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set
forth in
IC 35-41-1-8.
The term does not include a firearm.
(c) Notwithstanding section 14 of this chapter, a student who is:
(1) identified as bringing a firearm to school or on school
property; or
(2) in possession of a firearm on school property;
must be expelled for a period of at least one (1) calendar year, with the
return of the student to be at the beginning of the first school semester
after the end of the one (1) year period.
(d) The superintendent may, on a case-by-case basis, modify the
period of expulsion under subsection (c) for a student who is expelled
under this section.
(e) Notwithstanding section 14 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on school
property; or
(2) in possession of a deadly weapon on school property;
may be expelled for a period of not more than one (1) calendar year.
(f) A superintendent shall immediately notify the prosecuting
attorney of the county in which appropriate law enforcement agency
having jurisdiction over the property where the school is located if
a student is expelled under engages in a behavior described in
subsection (c). or (e). The superintendent may give similar notice if
the student engages in a behavior described in subsection (e). Upon
receiving notification under this subsection, the prosecuting attorney
law enforcement agency shall begin an investigation and take
appropriate action.
(g) A student with disabilities (as defined in
IC 20-1-6.1-7
) who
possesses a firearm on school property is subject to procedural
safeguards under 20 U.S.C. 1415.