Introduced Version






HOUSE BILL No. 1786

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-8.1-5.1-23.

Synopsis: School discipline. Provides that a student who withdraws from a school corporation to avoid expulsion or legal action for truancy and who wishes to enroll in a home school program may not enroll unless the parent or legal guardian of the student shows in written form to the school corporation that proposed the expulsion of the student that: (1) the student will receive a comparable educational experience; and (2) that the comparable educational experience can be documented satisfactorily if the terms and conditions are requested by school or legal action.

Effective: July 1, 2003.





Moses, Kruse




    January 21, 2003, read first time and referred to Committee on Education.







Introduced

First Regular Session 113th General Assembly (2003)


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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)IN1786.1.1. -->     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 and wishes to enroll in a home school program.

        (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) The student may enroll in a home school program during the period of the actual or proposed expulsion or separation if the student's parent shows in written form to the school corporation:
        (1) that proposed the expulsion that the student will receive a comparable educational experience in a home school program; and
        (2) that the parent can document that the educational experience in a home school program is comparable if the terms and conditions of the home school program are requested by the school or under legal action.

     (d) 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) a student's parent fails to follow the terms and conditions of enrollment under subsection (c)(1) and (c)(2); or
         (3) 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) (e) Before a consent is withdrawn under subsection (c) (d) 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) (f) This section does not apply to a student who is expelled under section 11 of this chapter.