Citations Affected: IC 20-1-1.1-5; IC 20-8.1-5.2; IC 20-10.1-22.4-3.
Synopsis: Student suspensions and expulsions. Requires schools to
report the reasons for student suspensions and expulsions to the
department of education. Authorizes an agreement for court assisted
resolution of suspension and expulsion cases between a court having
juvenile jurisdiction and a school corporation. Provides that the court
shall either supervise the student or order the supervision of the
student. Provides that the court and the school corporation may jointly
determine which violations leading to suspension or expulsion are
eligible for referral to the court. Provides that the school corporation
and the court shall determine how the costs of supervising a student
under the agreement shall be paid. Allows the school corporation to
disclose the education records of a student who has been suspended or
expelled to a court.
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Education.
A BILL FOR AN ACT to amend the Indiana Code concerning
discipline rules adopted by the school corporation under
IC 20-8.1-5.1-7 must specify the violations for which a student may
be referred to the court under the agreement.
Sec. 4. The agreement must provide how the expenses of supervising a student who has been suspended or expelled are funded. A school corporation may not be required to expend more than the amount determined under IC 21-3-1.7-6.7(e) for each student referred under the agreement.
Sec. 5. A student shall be given a hearing before the court as soon as practicable following the student's referral to the court, after notice of the hearing has been provided to the student's parent.
Sec. 6. A hearing under this chapter is not a hearing to determine whether a student who has been suspended or expelled is a child in need of services. However, if a court determines that a student who has been suspended or expelled may:
(1) be a child in need of services (as described in IC 31-34-1); or
(2) have committed a delinquent act (as described in IC 31-37);
the court may notify the office of family and children or the prosecuting attorney.
Sec. 7. Notwithstanding the terms of the agreement, a suspension, an expulsion, or a referral of a student who is a child with a disability (as defined in IC 20-1-6-1) is subject to the:
(1) procedural requirements of 20 U.S.C. 1415; and
(2) rules adopted by the Indiana state board of education.
records are being released.
(3) The juvenile justice agency receiving the information certifies, in writing, to the entity providing the information that the agency or individual receiving the information has agreed not to disclose it to a third party, other than another juvenile justice agency, without the consent of the child's parent, guardian, or custodian.
(c) For purposes of subsection (b)(2), a disclosure or reporting of education records concerning a child who has been adjudicated as a delinquent child shall be treated as related to the ability of the juvenile justice system to serve the child before adjudication if the juvenile justice agency seeking the information provides sufficient information to enable the keeper of the education records to determine that the juvenile justice agency seeks the information in order to identify and intervene with the child as a juvenile at risk of delinquency rather than to obtain information solely related to supervision of the child as an adjudicated delinquent child.
(d) A school corporation to which the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent, guardian, or custodian, if the child has been suspended or expelled and referred to a court in accordance with an agreement for court assisted resolution of suspension and expulsion cases under IC 20-8.1-5.2. The request for the education records of a child by a court must be for the purpose of assisting the child before adjudication.
(d) (e) A school corporation or other entity to which the education
records privacy provisions of the federal Family Educational Rights
and Privacy Act (20 U.S.C. 1232g) apply that:
(1) discloses or reports on the education records of a child, including personally identifiable information contained in the education records, in violation of this section; and
(2) makes a good faith effort to comply with this section;
is immune from civil liability.