]
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.
__________________________________
CR173301/DI 109 2003