March 6, 2001
HOUSE BILL No. 1221
DIGEST OF HB 1221
(Updated March 5, 2001 2:16 PM - DI 106)
Citations Affected: IC 20-8.1; IC 31-37; IC 34-31.
Synopsis: Supervision of suspended or expelled children. Provides that
a student who has been suspended or expelled from school is required
to remain at the student's residence during school hours, with certain
exceptions. The parents or guardian of a student who has violated this
chapter may be liable for up to $10,000 in damages resulting from a
violation of this chapter. Makes suspension truancy a delinquent act.
Requires a school to notify the juvenile court if a child is suspended or
expelled. Makes conforming amendments.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Human Affairs.
February 22, 2001, amended, reported _ Do Pass.
March 5, 2001, read second time, amended, ordered engrossed.
March 6, 2001
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1221
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-8.1-5.1-12; (01)HB1221.2.1. -->
SECTION 1. IC 20-8.1-5.1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) A principal may
suspend a student for not more than ten (10) school days under section
8, 9, or 10 of this chapter. However, the student may be suspended for
more than ten (10) school days under section 16 of this chapter.
(b) A principal may not suspend a student before the principal
affords the student an opportunity for a meeting during which the
student is entitled to the following:
(1) A written or an oral statement of the charges against the
(2) If the student denies the charges, a summary of the evidence
against the student.
(3) An opportunity for the student to explain the student's
(c) When misconduct requires immediate removal of a student, the
meeting under subsection (b) shall commence as soon as reasonably
possible after the student's suspension.
(d) Following a suspension, the principal shall immediately send a
written statement to the parent of the suspended student and to the
juvenile court describing the following:
(1) The student's misconduct.
(2) The action taken by the principal.
(3) The increased liability cap under IC 31-37-3.5.
SOURCE: IC 20-8.1-5.1-13; (01)HB1221.2.2. -->
SECTION 2. IC 20-8.1-5.1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. (a) A
superintendent of a school corporation may conduct an expulsion
meeting or appoint one (1) of the following to conduct an expulsion
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current school
(B) was not involved in the events giving rise to the expulsion.
The superintendent or a person designated under this subsection may
issue subpoenas, compel the attendance of witnesses, and administer
oaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and the
student's parent are given notice of their right to appear at an expulsion
meeting with the superintendent or a person designated under
subsection (a). Notice of the right to appear at an expulsion meeting
(1) be made by certified mail or by personal delivery;
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
(c) The person conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at the
(2) may take action that the person finds appropriate; and
(3) must give notice of the action taken under subdivision (2) to
and the student's parent, and the juvenile court
having jurisdiction over the student.
(d) If the student or the student's parent within ten (10) days of
receipt of a notice of action taken under subsection (c) makes a written
appeal to the governing body, the governing body:
(1) shall hold a meeting to consider:
(A) the written summary of evidence prepared under
subsection (c)(1); and
(B) the arguments of the principal and the student or the
unless the governing body has voted under subsection (f) not to
hear appeals of actions taken under subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only under
section 15 of this chapter.
(e) A student or a student's parent who fails to request and appear
at an expulsion meeting after receipt of notice of the right to appear at
an expulsion meeting forfeits all rights administratively to contest and
appeal the expulsion. For purposes of this section, notice of the right to
appear at an expulsion meeting or notice of the action taken at an
expulsion meeting is effectively given at the time when the request or
notice is delivered personally or sent by certified mail to a student and
the student's parent.
(f) The governing body may vote not to hear appeals of actions
taken under subsection (c). If the governing body votes not to hear
appeals, after the date on which the vote is taken a student or parent
may appeal only under section 15 of this chapter.
SOURCE: IC 31-37-2-7; (01)HB1221.2.3. -->
SECTION 3. IC 31-37-2-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 7. A child commits a delinquent act if, before
becoming eighteen (18) years of age, the child commits suspension
truancy under IC 31-37-3.5.
SOURCE: IC 31-37-3.5; (01)HB1221.2.4. -->
SECTION 4. IC 31-37-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 3.5. Suspension Truancy
Sec. 1. (a) Except as provided in subsection (b), a student who:
(1) has been suspended or expelled from school; and
(2) leaves the student's residence or property:
(A) while the student is suspended or expelled; or
(B) while the school from which the student has been
suspended or expelled is in session;
commits suspension truancy.
(b) A student who has been suspended or expelled from school
does not commit suspension truancy under subsection (a) if the
student leaves the student's residence or property while:
(1) accompanied by the student's parent, guardian, or
(2) accompanied by an adult specified by the child's parent,
guardian, or custodian;
(3) participating in, going to, or returning from:
(A) lawful employment;
(B) a school sanctioned activity;
(C) a religious event;
(D) an emergency involving the protection of a person or
property from an imminent threat of serious bodily injury
or substantial damage;
(E) an activity involving the exercise of the child's rights
protected under the First Amendment to the United States
Constitution or Article 1, Section 31 of the Constitution of
the State of Indiana, or both, such as freedom of speech
and the right of assembly; or
(F) an activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or
other care under the supervision of one (1) or more adults;
(4) engaged in interstate or international travel from a
location outside Indiana to another location outside Indiana;
(5) responding to an emergency that requires the student to
leave the student's residence.
Sec. 2. (a) A law enforcement officer who observes a student
committing suspension truancy shall:
(1) issue a citation to the student;
(2) return the student to the student's residence; and
(3) notify the student's parent, guardian, or custodian as soon
as practically possible.
(b) After taking the actions required by subsection (a), a law
enforcement officer who observes a violation of this chapter shall
(1) a copy of the citation; and
(2) a report of the incident;
to the juvenile court of the county.
Sec. 3. If a student has committed three (3) or more violations
under this chapter, the court may file a report of abuse or neglect
with the county office of family and children to determine whether
the student is a child in need of services under IC 31-34-1.
Sec. 4. The parent or guardian of a student who commits
suspension truancy may be held civilly liable for not more than ten
thousand dollars ($10,000) in actual damages arising from harm to
a person or property caused by the student's commission of
SOURCE: IC 34-31-4-1; (01)HB1221.2.5. -->
SECTION 5. IC 34-31-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. Except as provided
in section 2 of this chapter or in IC 31-37-3.5,
a parent is liable for not
more than five thousand dollars ($5,000) in actual damages arising
from harm to a person or damage to property knowingly, intentionally,
or recklessly caused by the parent's child if:
(1) the parent has custody of the child; and
(2) the child is living with the parent.