Second Regular Session 114th General Assembly (2006)


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 ENROLLED ACT No. 1093



     AN ACT to amend the Indiana Code concerning school safety.

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

SOURCE: IC 20-20-8-8; (06)HE1093.1.1. -->     SECTION 1. IC 20-20-8-8, AS ADDED BY P.L.1-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. The report must include the following information:
        (1) Student enrollment.
        (2) Graduation rate (as defined in IC 20-26-13-6).
        (3) Attendance rate.
        (4) The following test scores, including the number and percentage of students meeting academic standards:
            (A) ISTEP program test scores.
            (B) Scores for assessments under IC 20-32-5-21, if appropriate.
            (C) For a freeway school, scores on a locally adopted assessment program, if appropriate.
        (5) Average class size.
        (6) The number and percentage of students in the following groups or programs:
            (A) Alternative education, if offered.
            (B) Vocational education.
            (C) Special education.
            (D) Gifted or talented, if offered.
            (E) Remediation.
            (F) Limited English language proficiency.
            (G) Students receiving free or reduced price lunch under the national school lunch program.
        (7) Advanced placement, including the following:
            (A) For advanced placement tests, the percentage of students:
                (i) scoring three (3), four (4), and five (5); and
                (ii) taking the test.
            (B) For the Scholastic Aptitude Test:
                (i) test scores for all students taking the test;
                (ii) test scores for students completing the academic honors diploma program; and
                (iii) the percentage of students taking the test.
        (8) Course completion, including the number and percentage of students completing the following programs:
            (A) Academic honors diploma.
            (B) Core 40 curriculum.
            (C) Vocational programs.
        (9) The percentage of grade 8 students enrolled in algebra I.
        (10) The percentage of graduates who pursue higher education.
        (11) School safety, including:
             (A) the number of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons; and
            (B) the number of incidents reported under IC 20-33-9.

        (12) Financial information and various school cost factors, including the following:
            (A) Expenditures per pupil.
            (B) Average teacher salary.
            (C) Remediation funding.
        (13) Technology accessibility and use of technology in instruction.
        (14) Interdistrict and intradistrict student mobility rates, if that information is available.
        (15) The number and percentage of each of the following within the school corporation:
            (A) Teachers who are certificated employees (as defined in IC 20-29-2-4).
            (B) Teachers who teach the subject area for which the teacher is certified and holds a license.
            (C) Teachers with national board certification.
        (16) The percentage of grade 3 students reading at grade 3 level.
        (17) The number of students expelled, including the number participating in other recognized education programs during their expulsion.
        (18) Chronic absenteeism, which includes the number of students who have been absent more than ten (10) days from school within a school year without being excused.
        (19) Other indicators of performance as recommended by the education roundtable under IC 20-19-4.
SOURCE: IC 20-33-9-1.3; (06)HE1093.1.2. -->     SECTION 2. IC 20-33-9-1.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.3. As used in this chapter, "battery" refers to battery under IC 35-42-2-1.
SOURCE: IC 20-33-9-1.5; (06)HE1093.1.3. -->     SECTION 3. IC 20-33-9-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.5. As used in this chapter, "harassment" refers to harassment under IC 35-45-2-2.
SOURCE: IC 20-33-9-10; (06)HE1093.1.4. -->     SECTION 4. IC 20-33-9-10, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. In addition to any other duty to report arising under this article, an individual who has reason to believe that a school employee:
         (1) has received a threat; or
         (2) is the victim of intimidation;
         (3) is the victim of battery; or
        (4) is the victim of harassment;

shall report that information as required by this chapter.
SOURCE: IC 20-33-9-11; (06)HE1093.1.5. -->     SECTION 5. IC 20-33-9-11, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) If an individual who is required to make a report under this chapter is a member of the staff of a school, the individual shall make the report by immediately notifying the principal of the school that a school employee may have received a threat or may be the victim of intimidation, battery, or harassment.
    (b) An individual who receives a report under subsection (a) shall immediately make a report or cause a report to be made under section 13 of this chapter.
SOURCE: IC 20-33-9-12; (06)HE1093.1.6. -->     SECTION 6. IC 20-33-9-12, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. This chapter does not relieve an individual of the obligation to report a threat, or intimidation, a battery, or harassment on the individual's own behalf, unless a report has already been made to the best of the individual's belief.
SOURCE: IC 20-33-9-13; (06)HE1093.1.7. -->     SECTION 7. IC 20-33-9-13, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. An individual who has a duty under sections

10 through 12 of this chapter to report that a school employee may have received a threat or may be the victim of intimidation, battery, or harassment shall immediately make an oral report to the local law enforcement agency.

SOURCE: IC 20-33-9-14; (06)HE1093.1.8. -->     SECTION 8. IC 20-33-9-14, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. Except as provided in section 15 of this chapter, an individual, other than a person accused of making a threat or against a school employee, intimidating a school employee, committing a battery against a school employee, or harassing a school employee, who:
        (1) makes, or causes to be made, a report under this chapter; or
        (2) participates in any judicial proceeding or other proceeding:
            (A) resulting from a report under this chapter; or
            (B) relating to the subject matter of the report;
is immune from any civil or criminal liability that might otherwise be imposed because of such actions.
SOURCE: IC 35-47-5-2.5; (06)HE1093.1.9. -->     SECTION 9. IC 35-47-5-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.5. (a) As used in this section, "knife" means an instrument that:
        (1) consists of a sharp edged or sharp pointed blade capable of inflicting cutting, stabbing, or tearing wounds; and
        (2) is intended to be used as a weapon.
    (b) The term includes a dagger, dirk, poniard, stiletto, switchblade knife, or gravity knife.

     (c) A person who recklessly, knowingly, or intentionally possesses a knife on:
        (1) school property (as defined in IC 35-41-1-24.7);
        (2) a school bus (as defined in IC 20-27-2-8); or
        (3) a special purpose bus (as defined in IC 20-27-2-10);
commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this section and a Class D felony if the offense results in bodily injury or serious bodily injury to another person.
    (d) This section does not apply to a person who possesses a knife:
        (1) if:
            (A) the knife is provided to the person by the school corporation or possession of the knife is authorized by the school corporation; and
            (B) the person uses the knife for a purpose authorized by

the school corporation; or
        (2) if the knife is secured in a motor vehicle.

SOURCE: ; (06)HE1093.1.10. -->     SECTION 10. [EFFECTIVE JULY 1, 2006] IC 35-47-5-2.5, as added by this act, applies only to crimes committed after June 30, 2006.


HEA 1093

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