First Regular Session 113th General Assembly (2003)


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SENATE ENROLLED ACT No. 186




     AN ACT to amend the Indiana Code concerning education.

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

    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 or charter school under this chapter; or
            (B) withdraws from a school corporation or charter school to avoid expulsion.
        (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 or charter school 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 and also:
             (A) in the case of a student withdrawing from a charter

school that is not a conversion charter school to avoid expulsion, the conversion charter school; or
            (B) in the case of a student withdrawing from a conversion charter school to avoid expulsion, the:
                (i) conversion charter school; and
                (ii) the school corporation that sponsored the conversion charter school;

        of the student's expulsion or separation or withdrawal to avoid expulsion or separation;
        (2) the school corporation (and, in the case of a student withdrawal described in subdivision (1)(A) or (1)(B), the charter school) consents to the student's enrollment; and
        (3) the student agrees to the terms and conditions of enrollment established by the school corporation (or, in the case of a student withdrawal described in subdivision (1)(A) or (1)(B), the charter school or conversion charter school).
    (c) 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 or charter school may withdraw consent and prohibit the student's enrollment during the period of the actual or proposed expulsion or separation.
    (d) Before a consent is withdrawn under subsection (c) the student must have an opportunity for an informal meeting before the principal of the student's proposed school. At the informal 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) This section does not apply to a student who is expelled under section 11 of this chapter.


SEA 186 _ CC 1

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