Indiana § 20-33-8-19 - Expulsion procedure; appeals; preparation of list

§ 20-33-8-19. Expulsion procedure; appeals; preparation of list

Sec. 19. (a) A superintendent of a school corporation may conduct an expulsion meeting or appoint one (1) of the following to conduct an expulsion meeting:

(1) Legal counsel.

(2) A member of the administrative staff if the member:

(A) has not expelled the student during the current school year; and

(B) was not involved in the events giving rise to the expulsion.

The superintendent or a person designated under this subsection may issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at an expulsion meeting.

(b) An expulsion may take place only after the student and the student's parent are given notice of their right to appear at an expulsion meeting with the superintendent or a person designated under subsection (a). Notice of the right to appear at an expulsion meeting must:

(1) be made by:

(A) certified mail or by personal delivery; or

(B) electronic mail if the:

(i) parent has provided the electronic mail address to the school as a means of communication and, in the case of a student, the electronic mail is sent to the student's school created electronic mail address; and

(ii) school is able to confirm the electronic mail was opened and responded to by a user of the electronic mail account under item (i);

(2) contain the reasons for the expulsion; and

(3) contain the procedure for requesting an expulsion meeting.

If the school is unable to confirm within forty-eight (48) hours from the time the electronic mail was sent under subdivision (1)(B) that the electronic mail was opened and responded to by a user of the electronic mail account as described in subdivision (1)(B)(ii), notice to the student and the parent of the student under this subsection must be made by certified mail or by personal delivery.

(c) The individual conducting an expulsion meeting:

(1) shall make a written summary of the evidence heard at the expulsion meeting;

(2) may take action that the individual finds appropriate;

(3) shall provide the information described in subsection (g) to the student and the student's parent; and

(4) must give notice of the action taken under subdivision (2) to the student and the student's parent.

(d) If the student or the student's parent not later than ten (10) days of receipt of a notice of action taken under subsection (c) makes a written appeal to the governing body, the governing body:

(1) shall hold a meeting to consider:

(A) the written summary of evidence prepared under subsection (c)(1); and

(B) the arguments of the principal and the student or the student's parent;

unless the governing body has voted under subsection (f) not to hear appeals of actions taken under subsection (c); and

(2) may take action that the governing body finds appropriate.

The decision of the governing body may be appealed only under section 21 of this chapter.

(e) A student or a student's parent who fails to request and appear at an expulsion meeting after receipt of notice of the right to appear at an expulsion meeting forfeits all rights administratively to contest and appeal the expulsion. For purposes of this section, notice of the right to appear at an expulsion meeting or notice of the action taken at an expulsion meeting is effectively given at the time when the request or notice is:

(1) delivered personally or sent by certified mail to a student and the student's parent; or

(2) made by:

(A) electronic mail to the student and the student's parent if the:

(i) parent has provided the electronic mail address to the school as a means of communication and, in the case of a student, the electronic mail is sent to the student's school created electronic mail address; and

(ii) school confirms the electronic mail was opened and responded to by a user of the electronic mail account under item (i); or

(B) if the school is unable to confirm within forty-eight (48) hours from the time that the electronic mail was sent under clause (A) that the electronic mail was opened and responded to by a user of the electronic mail account as described in clause (A)(ii), personal delivery or is sent by certified mail to the student and the student's parent.

(f) The governing body may vote to not hear appeals of actions taken under subsection (c). If the governing body votes to not hear appeals, subsequent to the date on which the vote is taken, a student or parent may appeal only under section 21 of this chapter.

(g) Each school corporation shall annually prepare a list of:

(1) alternative education programs in the same county in which the school corporation is located or a county immediately adjacent to the county in which the school corporation is located; and

(2) virtual charter schools;

in which a student may enroll if the student is expelled. The list must contain contact information for the entities described in subdivisions (1) and (2) and must provide the student and the student's parent notice that the student may be required to comply with IC 20-33-2 or any statute relating to compulsory school attendance in accordance with section 31 of this chapter. A copy of the list shall be provided to the student or the student's parent at the expulsion meeting. If the student or student's parent fails to attend an expulsion meeting, a copy of the list shall be mailed to the student's residence.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-13.]

As added by P.L.1-2005, SEC.17. Amended by P.L.94-2019, SEC.3; P.L.150-2024, SEC.63.