Introduced Version






HOUSE BILL No. 1198

_____


DIGEST OF INTRODUCED BILL



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.





Thompson




    January 6, 2005, read first time and referred to Committee on Education.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1198



    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 20-1-1.1-5; (05)IN1198.1.1. -->     SECTION 1. IC 20-1-1.1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The department shall:
        (1) perform the duties required by statute;
        (2) implement the policies and procedures established by the board;
        (3) conduct analytical research to assist the state board of education in determining the state's educational policy;
        (4) compile statistics concerning the ethnicity and gender of students in Indiana schools, including statistics for all information that the department receives from school corporations on enrollment, number of suspensions, and number of expulsions; and
        (5) provide technical assistance to school corporations.
     (b) The department, in compiling statistics under subsection (a)(4), must categorize suspensions and expulsions by cause as follows:
        (1) Physical aggression.
        (2) Verbal aggression or profanity.
        (3) Disruptive behavior.
        (4) Defiance.
        (5) Attendance.
        (6) Destruction of property.
        (7) Alcohol, drugs, and tobacco.
        (8) Weapons.
        (9) Other.
    (c) The department shall develop guidelines necessary to implement this section.

SOURCE: IC 20-8.1-5.2; (05)IN1198.1.2. -->     SECTION 2. IC 20-8.1-5.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 5.2. Court Assisted Resolution of Suspension and Expulsion Cases
    Sec. 1. A superintendent and a court having juvenile jurisdiction in the county may enter into a voluntary agreement (referred to as the "agreement" in this chapter) for court assisted resolution of school suspension and expulsion cases. The agreement may require the court to supervise or order the supervision of an expelled or suspended student who has been referred to the court by the school corporation in accordance with the terms of the agreement.
    Sec. 2. The agreement may require that a court do one (1) or more of the following:
        (1) Establish a flexible program for the supervision of a student who has been suspended or expelled.
        (2) Supervise a student who has been suspended or expelled.
        (3) Order a student who has been suspended or expelled to participate in a school program (including an alternative educational program) for the supervision of a student who has been suspended or expelled.
    Sec. 3. (a) The agreement may require that a school corporation do one (1) or more of the following:
        (1) Define the violation for which a student who has been suspended or expelled shall be referred to the court.
        (2) Refer a student who has been suspended or expelled for a violation described in subdivision (1) to the court.
        (3) Establish a school program (including an alternative educational program) for the supervision of a student who has been suspended or expelled.
    (b) If a school corporation enters into an agreement, the

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.

SOURCE: IC 20-10.1-22.4-3; (05)IN1198.1.3. -->     SECTION 3. IC 20-10.1-22.4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) As used in this section, "juvenile justice agency" has the meaning set forth in IC 10-13-4-5.
    (b) 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 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, under the following conditions:
        (1) The disclosure or reporting of education records is to a state or local juvenile justice agency.
        (2) The disclosure or reporting relates to the ability of the juvenile justice system to serve, before adjudication, the student whose

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.