Citations Affected: IC 20-8.1-15.
Synopsis: Expelled students. Allows a school corporation that
determines it cannot serve a student because of the student's disruptive
behavior or frequent unexcused absences to place the student in
another setting. Provides that if the other setting is in another school
corporation or a nonpublic school, the school corporation in which the
student has legal settlement is responsible for tuition. Requires the
school alternative program study committee to study and report to the
legislative council concerning students who are excluded from school
without being formally expelled and alternatives to excluding students
Effective: July 1, 2003.
January 16, 2003, read first time and referred to Committee on Education and Career
A BILL FOR AN ACT to amend the Indiana Code concerning
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]:
Chapter 15. Tuition for Certain Students
Sec. 1. This chapter applies to a student who cannot be served by a school for any of the following reasons:
(1) The student's disruptive behavior in class prevents the student or other students from learning.
(2) The student has frequent unexcused absences.
Sec. 2. If a school determines that the school is unable to teach a student described in section 1 of this chapter, the school's principal may request the superintendent to seek an alternative placement for the student under this chapter.
Sec. 3. Upon receiving a request under section 2 of this chapter, the superintendent may place a student described in section 1 of this chapter in any of the following:
(1) Another school within the school corporation that the
superintendent determines may successfully teach the student.
(2) An alternative school operated by the school corporation or by another school corporation.
(3) A school within another school corporation that the superintendent determines may successfully teach the student.
(4) A nonpublic school that the superintendent determines may successfully teach the student.
Sec. 4. If a student described in section 1 of this chapter is placed in a public school that is within another school corporation or a nonpublic school, the school corporation in which the student has legal settlement is responsible for paying tuition for the student.
Sec. 5. A student described in section 1 of this chapter may not be excluded from the student's school until another placement is found for the student.
SECTION 2. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "committee" refers to the interim study committee on educational services to expelled students established by subsection (b).
(b) There is established the interim study committee on educational services to expelled students. The committee shall study and report to the legislative council concerning the following issues:
(1) The incidence of students being excluded from public schools without undergoing the formal expulsion procedures provided under IC 20-8.1-5.1.
(2) Alternatives to excluding students from schools.
(3) Appropriate disciplinary measures for school personnel who exclude students from school.
(4) Whether a mechanism can be established under which school personnel, law enforcement officers, and juvenile courts may work together to ensure that students attend and remain in school.
(c) The committee shall operate under the policies governing study committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.
(e) This SECTION expires December 31, 2003.