February 18, 2003





HOUSE BILL No. 1786

_____


DIGEST OF HB 1786 (Updated February 17, 2003 12:08 PM - DI 109)



Citations Affected: IC 20-8.1.

Synopsis: School discipline. Provides that a student may not withdraw from a school corporation while legal action for truancy is pending: (1) until the legal action is resolved; and (2) the student demonstrates compliance with the terms and conditions of enrollment established by the school corporation unless: (1) the school corporation, the legal authority, and the parent agree that withdrawal is in the best interest of the student; and (2) a verifiable educational experience is provided that is acceptable to all parties.

Effective: July 1, 2003.





Moses, Kruse, Welch , Scholer




    January 21, 2003, read first time and referred to Committee on Education.
    February 17, 2003, amended, reported _ Do Pass.






February 18, 2003

First Regular Session 113th General Assembly (2003)


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.
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HOUSE BILL No. 1786



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-8.1-5.1-23; (03)HB1786.1.1. -->     SECTION 1. IC 20-8.1-5.1-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 23. (a) This section applies to the following:
        (1) A student who:
            (A) is expelled from a school corporation under this chapter; or
            (B) withdraws from a school corporation to avoid expulsion; or
            (C) withdraws from a school corporation to avoid legal action under IC 20-8.1-3 for truancy.

        (2) A student who:
            (A) is required to separate for disciplinary reasons from a nonpublic school or a school in a state other than Indiana by the administrative authority of the school; or
            (B) withdraws from a nonpublic school or a school in a state other than Indiana in order to avoid being required to separate from the school for disciplinary reasons by the administrative

authority of the school.
    (b) The student may enroll in another school corporation during the period of the actual or proposed expulsion or separation if:
        (1) the student's parent informs the school corporation in which the student seeks to enroll of the student's expulsion or separation or withdrawal to avoid expulsion or separation;
        (2) the school corporation consents to the student's enrollment; and
        (3) the student agrees to the terms and conditions of enrollment established by the school corporation.
    (c) Except as provided in subsection (d), the student may not withdraw from a school corporation while legal action for truancy is pending:
        (1) until the legal action is resolved; and
        (2) the student demonstrates compliance with the terms and conditions of enrollment established by the school corporation.
    (d) The student may withdraw from a school corporation while legal action for truancy is pending if:
        (1) the school corporation, the court having juvenile jurisdiction or the designee of the court having juvenile jurisdiction, and the parent agree that withdrawal is in the best interest of the student; and
        (2) a verifiable educational experience is provided that is acceptable to all parties.
The parent shall provide verification of an acceptable educational experience under subdivision (2) to the school, and when involved, to the court having juvenile jurisdiction or to the designee of the court having juvenile jurisdiction.

    (e) If:
        (1) a student's parent fails to inform the school corporation of the expulsion or separation or withdrawal to avoid expulsion or separation; or
        (2) the student fails to follow the terms and conditions of enrollment under subsection (b)(3);
the school corporation may withdraw consent and prohibit the student's enrollment during the period of the actual or proposed expulsion or separation.
    (d) (f) Before a consent is withdrawn under subsection (c) (e) the student must have an opportunity for an informal a formal meeting before the principal of the student's proposed school. At the informal formal meeting, the student is entitled to:


        (1) a written or an oral statement of the reasons for the withdrawal of the consent;
        (2) a summary of the evidence against the student; and
        (3) an opportunity to explain the student's conduct.
    (e) (g) This section does not apply to a student who is expelled under section 11 of this chapter.