§ 20-33-8-13.5 — Discipline rules prohibiting bullying required

Indiana § 20-33-8-13.5

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 33: STUDENTS: GENERAL PROVISIONS
• Ch. 8: Student Discipline

Text

5. (a) Discipline rules adopted by the
governing body of a school corporation under section 12 of this chapter
must:
(1) prohibit bullying; and
(2) include:
(A) provisions concerning education, parental involvement, and
intervention;
(B) a detailed procedure for the expedited investigation of
incidents of bullying that includes:
(i) appropriate responses to bullying behaviors, wherever the
behaviors occur;
(ii) provisions for anonymous and personal reporting of
bullying to a teacher or other school staff;
(iii) provisions that require a school to prioritize the safety of
the victim;
(iv) timetables for reporting the conclusion of a bullying
investigation to the parents of both the targeted student and
the alleged perpetrator in an expedited manner that is before
the end of the next school day after the conclusion of the
investigation;
(v) timetables for reporting of bullying incidents to school
counselors, school administrators, the superintendent, or law
enforcement, if it is determined that reporting the bullying
incident to law enforcement is necessary;
(vi) discipline provisions for teachers, school staff, or school
administrators who fail to initiate or conduct an investigation
of a bullying incident;
(vii) discipline provisions for false reporting of bullying; and
(viii) provisions to make a reasonable attempt to notify both
the parent of a targeted student and the parent of an alleged
perpetrator that the school is investigating a possible incident
of bullying or similar misconduct before the end of the next
school day after the school becomes aware of the possible
incident; and
(C) a detailed procedure outlining the use of follow-up services
that includes:
(i) support services for the victim; and
(ii) bullying education for the alleged perpetrator.
(b) The discipline rules described in subsection (a) may be applied
regardless of the physical location in which the bullying behavior
occurred, whenever:
(1) the individual committing the bullying behavior and any of the
intended targets of the bullying behavior are students attending a
school within a school corporation; and
(2) disciplinary action is reasonably necessary to avoid substantial
interference with school discipline or prevent an unreasonable
threat to the rights of others to a safe and peaceful learning
environment.
(c) The discipline rules described in subsection (a) must prohibit
bullying through the use of data or computer software that is accessed
through a:
(1) computer;
(2) computer system;
(3) computer network; or
(4) cellular telephone or other wireless or cellular
communications device.
(d) The discipline rules described in subsection (a) must include
policies to allow a parent of a child in the school corporation to review
any materials used in any bullying prevention or suicide prevention
program.
(e) The discipline rules described in subsection (a) may include
provisions to determine:
(1) the severity of an incident of bullying; and
(2) whether an incident of bullying may warrant the transfer of the
victim or the alleged perpetrator to another school in the school
corporation.
(f) This section may not be construed to give rise to a cause of
action against a person or school corporation based on an allegation of
noncompliance with this section. Noncompliance with this section may
not be used as evidence against a school corporation in a cause of
action.
(g) A record made of an investigation, a disciplinary action, or a
follow-up action performed under rules adopted under this section is
not a public record under IC 5-14-3.
(h) The department shall periodically review each policy adopted
under this section to ensure the policy's compliance with this section.

Legislative History

As added by P.L.106-2005, SEC.7. Amended by P.L.180-2011, SEC.2; P.L.285-2013, SEC.6; P.L.211-2018(ss), SEC.9; P.L.238-2023, SEC.1; P.L.194-2025, SEC.5.