HB 1733-1_ Filed 02/27/2003, 11:30

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
3

MR. SPEAKER:

    Your Committee on       Education     , to which was referred       House Bill 1733     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 20-8.1-5.1-8.2; (03)CR173301.1. -->     SECTION 1. IC 20-8.1-5.1-8.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8.2. (a) A school corporation may establish a school policy setting forth conditions under which a student is permitted to possess and use an electronic paging device or handheld portable telephone on school grounds.
     (b) If:
        (1) a student possesses or uses on school grounds an electronic paging device or handheld portable telephone that interferes with instruction; and
        (2) the student refuses to release the paging device or handheld portable telephone to the school;
the student's refusal may constitute grounds for suspension of the student or other disciplinary action.
    (c) An electronic paging device or handheld portable telephone

that interferes with instruction and that is possessed or used by a student on school grounds may be seized and retained by the school until:
        (1) a meeting is held under section 12 of this chapter; and
        (2) the principal of the school determines whether the student used the electronic paging device or handheld portable telephone in violation of school policy.

SOURCE: IC 20-8.1-5.1-12; (03)CR173301.2. -->     SECTION 2. IC 20-8.1-5.1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. (a) A principal may suspend a student for not more than ten (10) school days under section 8, 8.2, 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 student.
        (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 conduct.
    (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 send a written statement to the parent of the suspended student describing the following:
        (1) The student's misconduct.
        (2) The action taken by the principal.
    (Reference is to HB 1733 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Porter


CR173301/DI 109    2003