Citations Affected: IC 20-8.1-16
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 must pay the student's tuition. Sets a cap
on the amount that the school corporation may expend for tuition for
the student.
Effective: July 1, 2004.
January 8, 2004, read first time and referred to Committee on Education and Career
Development.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
SECTION 1. IC 20-8.1-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 16. Tuition for Certain Students
Sec. 1. This chapter applies to a student who cannot be served
by a school for either 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 that the superintendent
determines may successfully teach the student.
(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:
(1) a public school that is within another school corporation;
or
(2) a nonpublic school;
the school corporation in which the student has legal settlement is
responsible for paying tuition for the student. However, a school
corporation may not expend more than the amount determined for
the school corporation under IC 21-3-1.7-6.7(e) as 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 under this chapter.