Indiana School Discipline Laws & Regulations: Referrals to Law Enforcement

Discipline Compendium

Indiana School Discipline Laws & Regulations: Referrals to Law Enforcement

Category: Partnerships between Schools and Law Enforcement
Subcategory: Referrals to Law Enforcement
State: Indiana

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LAWS

IC 20-26-5-32. Involvement of parents with discipline plan; department’s model discipline plan.

(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 model plan developed by the department under subsection (a) must:

(2) limit referrals to law enforcement and arrests on school property to cases in which referral to law enforcement or arrest is necessary to protect the health and safety of students or school employees.

IC 20-33-2-25. Habitual absence from school; report to juvenile intake officer or department of child services.

The superintendent or an attendance officer having jurisdiction shall report a child who is habitually absent from school in violation of this chapter to an intake officer of the juvenile court or the department of child services. The intake officer or the department of child services shall proceed in accord with IC 31-30 through IC 31-40.

IC 20-33-8-16. Possession of firearms, deadly weapons, or destructive devices.

(a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.

(b) As used in this section, "deadly weapon" has the meaning set forth in IC 35-31.5-2-86. The term does not include a firearm or destructive device.

(c) As used in this section, "destructive device" has the meaning set forth in IC 35-47.5-2-4.

(d) Notwithstanding section 20 [IC 20-33-8-20] of this chapter, a student who is:

(1) identified as bringing a firearm or destructive device to school or on school property; or

(2) in possession of a firearm or destructive device on school property; must be expelled for at least one (1) calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period.

(e) The superintendent may, on a case by case basis, modify the period of expulsion under subsection (d) for a student who is expelled under this section.

(f) Notwithstanding section 20 of this chapter, a student who is:

(1) identified as bringing a deadly weapon to school or on school property; or

(2) in possession of a deadly weapon on school property; may be expelled for not more than one (1) calendar year.

(g) A superintendent or the superintendent's designee shall immediately notify the appropriate law enforcement agency having jurisdiction over the property where the school is located if a student engages in a behavior described in subsection (d). The superintendent may give similar notice if the student engages in a behavior described in subsection (f). Upon receiving notification under this subsection, the law enforcement agency shall begin an investigation and take appropriate action.

(h) A student with a disability (as defined in IC 20-35-1-8) who possesses a firearm on school property is subject to procedural safeguards under 20 U.S.C. 1415.

IC 20-33-8.5-1. Applicability.

This chapter does not apply to a nonpublic school.

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

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.

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

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.

IC 20-33-8.5-4. Agreement; school corporation's responsibilities.

(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.

IC 20-33-8.5-5. Agreement; payment of expenses.

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.

IC 20-33-8.5-6. Informal hearing before court.

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.

IC 20-33-8.5-7. Hearing not a determination of whether student is child in need of services.

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.

IC 20-33-8.5-8. Presence of parent or guardian at hearing.

A parent or guardian has the right to be present and may be required to be present during the student's appearance.

IC 20-33-8.5-9. Appearance of student not to be used in subsequent court proceedings.

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.

IC 20-33-8.5-12. Child not deprived of due process rights.

This chapter does not deprive a child of any due process rights to which the child may be entitled.

IC 20-33-9-6. Controlled substance violations; reports by members of administrative staffs.

A member of the administrative staff who, based on personal knowledge or on the report of another employee of the school corporation, believes that a person has committed a violation described in section 1 [IC 20-33-9-1] of this chapter or a delinquent act that would be a violation described in section 1 of this chapter if the violator were an adult in, on, or within one thousand (1,000) feet of the school property of the school corporation employing the member, shall immediately report:

(1) a general description of the violation;

(2) the name or a general description of each violator known to the member;

(3) the date, time, and and [sic] place of the violation;

(4) the name or a general description of each person who the member knows witnessed any part of the violation; and

(5) a general description and the location of any property that the member knows was involved in the violation;

in writing to a law enforcement officer.

IC 20-33-9-13. Oral report to local law enforcement agency.

An individual who has a duty under sections 10 through 12 [IC 20-33-9-10 through IC 20-33-9-12] 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.

IC 35-47-9-2. Possession of firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot.

(a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:

(1) in or on school property; or

(2) on a school bus;

commits a Level 6 felony.

(b) It is a defense to a prosecution under subsection (a) that:

(1) the person is permitted to legally possess the firearm; and

(2) the firearm is:

(A) locked in the trunk of the person's motor vehicle;

(B) kept in the glove compartment of the person's locked motor vehicle; or

(C) stored out of plain sight in the person's locked motor vehicle.

(c) A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor.

REGULATIONS

No relevant regulations found.

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