Introduced Version






HOUSE BILL No. 1421

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-19-3-12; IC 20-26-5-32; IC 20-33-8-30.

Synopsis: Student discipline. Requires the department of education to compile and report to the public information received from school corporations concerning student disciplinary actions, disaggregated by race, ethnicity, gender, and discipline categories. Provides that if the information reported by a school corporation indicates rates of discipline that exceed disproportionality criteria developed by the department, the department shall work with the school corporation to take corrective action. Requires the department to develop a searchable data base concerning out-of-school suspensions and expulsions. Requires the civil rights commission to annually use the information in the data base to identify school corporations with disproportionate out-of-school suspension and expulsion rates and to take appropriate action. Requires that a school corporation's discipline plan include collection, review, and reporting to the department on an annual basis of school behavioral and disciplinary problems, arrests, and referrals to the juvenile justice system, disaggregated on the basis of race, ethnicity, and gender under guidelines for determining the existence of disproportionality in discipline or inappropriately high rates of suspension or expulsion. Provides that a student who seeks to enroll in another school while expelled or to avoid being expelled may be subject only to the same terms and conditions of enrollment as a student who is currently enrolled in the school.

Effective: July 1, 2013.





Porter




    January 22, 2013, read first time and referred to Committee on Education.







Introduced

First Regular Session 118th General Assembly (2013)


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. 1421



    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 20-19-3-12; (13)IN1421.1.1. -->     SECTION 1. IC 20-19-3-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) The department shall compile and report to the public by publishing on the department's Internet web site the information received from school corporations under IC 20-26-5-32, disaggregated by race, ethnicity, gender, and discipline categories for each school within the school corporation.
    (b) If the information reported by a school corporation under subsection (a) indicates rates of out-of-school suspension and expulsion that exceed criteria under guidelines developed by the department for determining the existence of disproportionality in discipline or inappropiately high rates of out-of-school suspension or expulsion, the department shall work with the school corporation to develop a corrective action plan to reduce the disproportionality until the criteria are no longer exceeded.
    (c) The department shall develop guidelines for the use of the information reported under subsection (a) in developing a

searchable data base concerning the history and current status of disproportionality in out-of-school suspensions and expulsions in school corporations.
    (d) The civil rights commission shall use the information in the data base annually to identify school corporations with disproportionate use of out-of-school suspensions and expulsions and make appropriate recommendations to the school corporations.

SOURCE: IC 20-26-5-32; (13)IN1421.1.2. -->     SECTION 2. IC 20-26-5-32, AS ADDED BY P.L.66-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 32. (a) The governing body of each school corporation shall work with parents to:
        (1) develop; and
        (2) review periodically;
an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department.
     (b) The plan must provide for collection, review, and reporting to the department on an annual basis of school behavioral and disciplinary problems, arrests, and referrals to the juvenile justice system, disaggregated on the basis of race, ethnicity, and gender under guidelines for determining the existence of disproportionality in discipline or inappropriately high rates of out-of-school suspension or expulsion developed by the department under IC 20-19-3-12.
SOURCE: IC 20-33-8-30; (13)IN1421.1.3. -->     SECTION 3. IC 20-33-8-30, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 30. (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 referred to in subsection (a) 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:
                (i) the conversion charter school; and
                (ii) the school corporation that sponsored the conversion charter school;
        of the student's expulsion, 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). The terms and conditions of enrollment established for the student by the school corporation, charter school, or conversion charter school must be the same terms and conditions of enrollment to which students currently enrolled in the school corporation, charter school, or conversion charter school are subject.
    (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) a 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 17 of this chapter.