Indiana § 20-33-8-35 - Documentation of bullying and abusive behaviors required

§ 20-33-8-35. Documentation of bullying and abusive behaviors required

Sec. 35. Each public school, including a charter school, shall document acts of bullying and abusive behaviors:

(1) against a victim; and

(2) committed by a verified perpetrator.

As added by P.L.238-2023, SEC.2.

IC 20-33-8.5Chapter 8.5. Court Assisted Resolution of Suspension and Expulsion Cases

20-33-8.5-1Applicability 20-33-8.5-2Agreement between superintendent and court having juvenile jurisdiction 20-33-8.5-3Agreement; court's responsibilities 20-33-8.5-4Agreement; school corporation's responsibilities 20-33-8.5-5Agreement; payment of expenses 20-33-8.5-6Informal hearing before court 20-33-8.5-7Hearing not a determination of whether student is child in need of services 20-33-8.5-8Presence of parent or guardian at hearing 20-33-8.5-9Appearance of student not to be used in subsequent court proceedings 20-33-8.5-10Expungement of court record 20-33-8.5-11Student with disability; procedural requirements 20-33-8.5-12Child not deprived of due process rights

IC 20-33-8.5-1Applicability Sec. 1. This chapter does not apply to a nonpublic school.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-2Agreement between superintendent and court having juvenile jurisdiction Sec. 2. 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 provide for 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.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-3Agreement; court's responsibilities Sec. 3. 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) Require 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.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-4Agreement; school corporation's responsibilities Sec. 4. (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 20-33-8-12 must specify the violations for which a student may be referred to the court under the agreement.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-5Agreement; payment of expenses Sec. 5. 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 foundation amount (as defined by IC 20-43-3-8) for each student referred under the agreement.

As added by P.L.242-2005, SEC.23. Amended by P.L.2-2006, SEC.156; P.L.234-2007, SEC.228; P.L.182-2009(ss), SEC.321; P.L.217-2017, SEC.106.

IC 20-33-8.5-6Informal hearing before court Sec. 6. A student shall be given an informal hearing before the court, in a setting agreed upon by the court and the school system, 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.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-7Hearing not a determination of whether student is child in need of services Sec. 7. 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 the secretary of family and social services or the prosecuting attorney.

As added by P.L.242-2005, SEC.23. Amended by P.L.214-2025, SEC.184.

IC 20-33-8.5-8Presence of parent or guardian at hearing Sec. 8. A parent or guardian has the right to be present and may be required to be present during the student's appearance.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-9Appearance of student not to be used in subsequent court proceedings Sec. 9. A student's appearance in court under this chapter shall not be used against the child or the child's parents or guardians in any subsequent court proceeding, including but not limited to any delinquency or child in need of services matter under IC 31.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-10Expungement of court record Sec. 10. All records of the student's court appearance shall be expunged upon the student's completion of the out-of-school suspension or expulsion program.

As added by P.L.242-2005, SEC.23.

IC 20-33-8.5-11Student with disability; procedural requirements Sec. 11. Notwithstanding the terms of the agreement, a suspension, an expulsion, or a referral of a student who is a student with a disability (as defined in IC 20-35-1-8) is subject to the:

(1) procedural requirements of 20 U.S.C. 1415; and

(2) rules adopted by the Indiana state board of education.

As added by P.L.242-2005, SEC.23. Amended by P.L.233-2015, SEC.266.

IC 20-33-8.5-12Child not deprived of due process rights Sec. 12. This chapter does not deprive a child of any due process rights to which the child may be entitled.

As added by P.L.242-2005, SEC.23.

IC 20-33-9Chapter 9. Reporting Requirements

20-33-9-1Application of chapter 20-33-9-1.3"Battery" 20-33-9-1.5"Harassment" 20-33-9-2"Intimidation" 20-33-9-3"Member of the administrative staff" 20-33-9-4"Threat" 20-33-9-5Controlled substance violations; reports by school employees 20-33-9-6Controlled substance violations; reports by members of administrative staffs 20-33-9-7Privileged or confidential information 20-33-9-8Immunity from civil liability; presumption of good faith 20-33-9-9Programs to implement chapter 20-33-9-10Duty to report threat 20-33-9-10.5Criminal organization activity; duty to report; maintaining safe school environment 20-33-9-11Procedure to make report 20-33-9-12Relief of obligation to report 20-33-9-13Oral report to local law enforcement agency 20-33-9-14Immunity from liability 20-33-9-15Liability 20-33-9-16Good faith