§ 20-26-14-6 — Case review panel; membership; meetings; decisions of panel

(a) The association must establish a case
review panel that meets the following requirements:
(1) The panel has nine (9) members.
(2) The secretary of education or the secretary's designee is a
member of the panel and is the chairperson of the panel.
(3) The secretary of education appoints as members of the panel
persons having the following qualifications:
(A) Four (4) parents of high school students.
(B) Two (2) high school principals.
(C) Two (2) high school athletic directors.
(4) The secretary of education shall administer the functions of
the panel.
(5) A member of the panel serves for a four (4) year term, subject
to the following:
(A) An appointee who ceases to meet the member's
qualification under subdivision (3) ceases to be a member of
the panel.
(B) The secretary of education shall appoint fifty percent (50%)
of the initial appointees under each clause in subdivision (3) for
terms of two (2) years, so that terms of the panel are staggered.
(6) The panel must meet monthly, unless there are no cases before
the panel. The panel may meet more frequently at the call of the
chairperson. However, the chairperson must call a meeting within
five (5) business days, or as soon thereafter as a quorum can be
assembled, after the panel receives a case in which time is a factor
in relation to the scheduling of an athletic competition.
(7) A quorum of the panel is five (5) members. The affirmative
vote of the greater of the majority present or four (4) members of
the panel is required for the panel to take action.
(b) A student's parent who disagrees with a decision of the
association concerning the application or interpretation of a rule of the
association to the student shall have the right to do one (1) of the
following:
(1) Accept the decision.
(2) Refer the case to the panel. The parent must refer the case to
the panel not later than thirty (30) days after the date of the
association's decision.
(c) After a case is referred under subsection (b)(2), the panel must
do the following:
(1) Collect testimony and information on the case, including
testimony and information from both the association and the
parent.
(2) Place the case on the panel's agenda and consider the case at
a meeting of the panel.
(3) Not later than ten (10) business days after the meeting at
which the panel considers the case, issue a written decision that
does one (1) of the following:
(A) Upholds the association's decision on the case.
(B) Modifies the association's decision on the case.
(C) Nullifies the association's decision on the case.
(d) Subject to section 7 of this chapter, the association must
implement the decision of the panel on each case. However, a decision
of the panel:
(1) applies only to the case before the panel; and
(2) does not affect any rule of the association or decision under
any rule concerning any student other than the student whose
parent referred the case to the panel.
(e) The association shall pay all costs attributable to the operation
of the panel, including travel and a stipend of at least fifty dollars ($50)
for each meeting for panel members.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-5-63-7.]

Legislative History

As added by P.L.1-2005, SEC.10. Amended by P.L.92-2010, SEC.2; P.L.43-2021, SEC.78.