March 20, 2009
HOUSE BILL No. 1419
DIGEST OF HB 1419
(Updated March 18, 2009 5:39 pm - DI 71)
Citations Affected: IC 20-26; IC 20-31; IC 20-33; noncode.
Synopsis: Student discipline. Requires the governing body of a school
corporation to develop an evidence based plan for improving behavior
and discipline in the school corporation, and a school within the school
corporation to comply with the plan in developing the school's plan.
Requires school corporation discipline rules to incorporate a graduated
system of discipline, which includes actions that may be taken in lieu
of suspension or expulsion. Requires the department of education to
develop a master evidence based plan for improving student behavior
and discipline upon which school corporations may base plans.
Effective: July 1, 2009.
, Smith M
(SENATE SPONSORS _ ROGERS, LUBBERS)
January 13, 2009, read first time and referred to Committee on Education.
February 17, 2009, amended, reported _ Do Pass.
February 20, 2009, read second time, ordered engrossed. Engrossed.
February 25, 2009, read third time, passed. Yeas 96, nays 1.
March 3, 2009, read first time and referred to Committee on Education and Career
March 19, 2009, amended, reported favorably _ Do Pass.
March 20, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1419
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-26-5-32; (09)EH1419.1.1. -->
SECTION 1. IC 20-26-5-32 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 32. 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.
SOURCE: IC 20-31-5-6; (09)EH1419.1.2. -->
SECTION 2. IC 20-31-5-6, AS ADDED BY P.L.1-2005, SECTION
15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 6. (a) A plan must contain the following components for
(1) A list of the statutes and rules that the school wishes to have
suspended from operation for the school.
(2) A description of the curriculum and information concerning
the location of a copy of the curriculum that is available for
inspection by members of the public.
(3) A description and name of the assessments that will be used
in the school in addition to ISTEP program assessments.
(4) A plan to be submitted to the governing body and made
available to all interested members of the public in an easily
(5) A provision to maximize parental participation in the school,
which may include providing parents with:
(A) access to learning aids to assist students with school work
(B) information on home study techniques; and
(C) access to school resources.
(6) For a secondary school, a provision to do the following:
(A) Offer courses that allow all students to become eligible to
receive an academic honors diploma.
(B) Encourage all students to earn an academic honors
diploma or complete the Core 40 curriculum.
(7) A provision to maintain a safe and disciplined learning
environment for students and teachers that complies with the
governing body's plan for improving student behavior and
discipline developed under IC 20-26-5-32.
(8) A provision for the coordination of technology initiatives and
ongoing professional development activities.
(b) If, for a purpose other than a plan under this chapter, a school
has developed materials that are substantially similar to a component
listed in subsection (a), the school may substitute those materials for
the component listed in subsection (a).
SOURCE: IC 20-33-8-12; (09)EH1419.1.3. -->
SECTION 3. IC 20-33-8-12, AS ADDED BY P.L.242-2005,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 12. (a) Except as provided under IC 20-33-8-16,
the governing body of a school corporation must do the following:
(1) Establish written discipline rules, which must include a
graduated system of discipline and
(A) appropriate dress codes; and
(B) if applicable, an agreement for court assisted resolution of
school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a school
where the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available to students
and students' parents; or
(B) delivering a copy of the discipline rules to students or the
parents of students.
This publicity requirement may not be construed technically and
is satisfied if the school corporation makes a good faith effort to
disseminate to students or parents generally the text or substance
of a discipline rule.
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related
guidelines in compliance with the discipline policies of the governing
(c) The governing body of a school corporation may delegate:
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of the school
(d) Subsection (a) does not apply to rules or directions concerning
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day to day instructions concerning the operation of a
classroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner in which
an educational function must be administered.
However, this subsection does not prohibit the governing body from
regulating the areas listed in this subsection.
SOURCE: IC 20-33-8-25; (09)EH1419.1.4. -->
SECTION 4. IC 20-33-8-25, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 25. (a) This section applies to an individual who:
(1) is a member of the administrative staff, a teacher, or other
school staff member; and
(2) has students under the individual's charge.
(b) An individual may take disciplinary action instead of or in
addition to suspension and expulsion that is necessary to ensure a safe,
orderly, and effective educational environment. Disciplinary action
under this section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
(3) Assigning additional work.
(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular school
(A) to do additional school work; or
(B) for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's class for
a period not to exceed:
(A) five (5) class periods for middle, junior high, or high
school students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work to
complete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where the recipient
of the disciplinary action is enrolled of not more than one hundred
twenty (120) hours of service with a nonprofit organization
operating in or near the community where the school is located or
where the student resides. The following apply to service assigned
under this subdivision:
(A) A principal may not assign a student under this
subdivision unless the student's parent approves:
(i) the nonprofit organization where the student is assigned;
(ii) the plan described in clause (B)(i).
A student's parent may request or suggest that the principal
assign the student under this subdivision.
(B) The principal shall make arrangements for the student's
service with the nonprofit organization. Arrangements must
include the following:
(i) A plan for the service that the student is expected to
(ii) A description of the obligations of the nonprofit
organization to the student, the student's parents, and the
school corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service by
the principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to the
principal and the student's parent or guardian of the student's
performance of the service.
(C) The nonprofit organization must obtain liability insurance
in the amount and of the type specified by the school
corporation where the student is enrolled that is sufficient to
cover liabilities that may be incurred by a student who
performs service under this subdivision.
(D) Assignment of service under this subdivision suspends the
implementation of a student's suspension or expulsion. A
student's completion of service assigned under this subdivision
to the satisfaction of the principal and the nonprofit
organization terminates the student's suspension or expulsion.
(10) Removal of a student from school sponsored transportation.
(11) Referral to the juvenile court having jurisdiction over the
(c) As used in this subsection, "physical assault" means the knowing
or intentional touching of another person in a rude, insolent, or angry
manner. When a student physically assaults a person having authority
over the student, the principal of the school where the student is
enrolled shall refer the student to the juvenile court having jurisdiction
over the student. However, a student with disabilities (as defined in
IC 20-35-7-7) who physically assaults a person having authority over
the student is subject to procedural safeguards under 20 U.S.C. 1415.
SOURCE: ; (09)EH1419.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2009] (a) As used in this
SECTION, "department" refers to the department of education
established by IC 20-19-3-1.
(b) Not later than June 1, 2010, the department shall develop
and make available to school corporations a model evidence based
plan for improving discipline and behavior within schools. The
department shall consult with the division of child services, the
division of mental health and addiction, parent organizations, and
state educational institutions in developing a model plan.
(c) A model plan developed under subsection (b) must include
guidelines for accomplishing the following results:
(1) Improving safe school planning and classroom
management using positive behavioral supports, parental
involvement, and other effective disciplinary tools.
(2) Providing improved mental health services in or through
(3) Reviewing zero tolerance policies to ensure:
(A) compliance with applicable laws; and
(B) that students are not inappropriately referred to
juvenile justice agencies.
(4) Providing assistance to parents concerning access to
family strengthening programs.
(5) Improving communication, coordination, and
collaboration among schools, including special education
programs, parents, and juvenile justice agencies.
(6) Improving methods and procedures for school suspensions
and referrals to alternative schools.
(7) Providing for the collection, review, and reporting on an
annual basis of school behavioral and disciplinary problems,
arrests, and referrals to the juvenile justice system,
disaggregated on the basis of race and ethnicity, under
guidelines for determining the existence of disproportionality
in discipline or inappropriately high rates of suspension or
(d) Not later than July 1, 2011, a governing body must work
with parents to develop and submit to the department a plan for
improving behavior and discipline in the school corporation after
receiving a model plan developed by the department.
(e) The department, in collaboration with the department of
child services, the division of mental health and addiction, state
educational institutions, and parent organizations, shall provide
assistance to a school corporation in the implementation of the
school corporation's plan developed under subsection (d) to ensure
that teachers and administrators receive appropriate professional
development to prepare them to carry out the plan for supporting
student behavior and discipline.
(f) Each school shall annually report the information under
subsection (c)(7) to the department.
(g) This SECTION expires June 30, 2011.