Indiana § 20-33-8-16 Possession of firearms, deadly weapons, or destructive devices

Indiana Statutes

§ 20-33-8-16 — Possession of firearms, deadly weapons, or destructive devices

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

(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 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 t

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(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 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.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-5.1-10.]

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