§ 20-33-8-19 — Expulsion procedure; appeals; preparation of list

Indiana § 20-33-8-19

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

Text

(a) A superintendent of a school corporation
may conduct an expulsion meeting or appoint one (1) of the following
to conduct an expulsion meeting:
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current school year;
and
(B) was not involved in the events giving rise to the expulsion.
The superintendent or a person designated under this subsection may
issue subpoenas, compel the attendance of witnesses, and administer
oaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and the
student's parent are given notice of their right to appear at an expulsion
meeting with the superintendent or a person designated under
subsection (a). Notice of the right to appear at an expulsion meeting
must:
(1) be made by:
(A) certified mail or by personal delivery; or
(B) electronic mail if the:
(i) parent has provided the electronic mail address to the
school as a means of communication and, in the case of a
student, the electronic mail is sent to the student's school
created electronic mail address; and
(ii) school is able to confirm the electronic mail was opened
and responded to by a user of the electronic mail account
under item (i);
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
If the school is unable to confirm within forty-eight (48) hours from the
time the electronic mail was sent under subdivision (1)(B) that the
electronic mail was opened and responded to by a user of the electronic
mail account as described in subdivision (1)(B)(ii), notice to the
student and the parent of the student under this subsection must be
made by certified mail or by personal delivery.
(c) The individual conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at the
expulsion meeting;
(2) may take action that the individual finds appropriate;
(3) shall provide the information described in subsection (g) to
the student and the student's parent; and
(4) must give notice of the action taken under subdivision (2) to
the student and the student's parent.
(d) If the student or the student's parent not later than ten (10) days
of receipt of a notice of action taken under subsection (c) makes a
written appeal to the governing body, the governing body:
(1) shall hold a meeting to consider:
(A) the written summary of evidence prepared under subsection
(c)(1); and
(B) the arguments of the principal and the student or the
student's parent;
unless the governing body has voted under subsection (f) not to
hear appeals of actions taken under subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only under
section 21 of this chapter.
(e) A student or a student's parent who fails to request and appear
at an expulsion meeting after receipt of notice of the right to appear at
an expulsion meeting forfeits all rights administratively to contest and
appeal the expulsion. For purposes of this section, notice of the right to
appear at an expulsion meeting or notice of the action taken at an
expulsion meeting is effectively given at the time when the request or
notice is:
(1) delivered personally or sent by certified mail to a student and
the student's parent; or
(2) made by:
(A) electronic mail to the student and the student's parent if the:
(i) parent has provided the electronic mail address to the
school as a means of communication and, in the case of a
student, the electronic mail is sent to the student's school
created electronic mail address; and
(ii) school confirms the electronic mail was opened and
responded to by a user of the electronic mail account under
item (i); or
(B) if the school is unable to confirm within forty-eight (48)
hours from the time that the electronic mail was sent under
clause (A) that the electronic mail was opened and responded
to by a user of the electronic mail account as described in
clause (A)(ii), personal delivery or is sent by certified mail to
the student and the student's parent.
(f) The governing body may vote to not hear appeals of actions
taken under subsection (c). If the governing body votes to not hear
appeals, subsequent to the date on which the vote is taken, a student or
parent may appeal only under section 21 of this chapter.
(g) Each school corporation shall annually prepare a list of:
(1) alternative education programs in the same county in which
the school corporation is located or a county immediately adjacent
to the county in which the school corporation is located; and
(2) virtual charter schools;
in which a student may enroll if the student is expelled. The list must
contain contact information for the entities described in subdivisions
(1) and (2) and must provide the student and the student's parent notice
that the student may be required to comply with IC 20-33-2 or any
statute relating to compulsory school attendance in accordance with
section 31 of this chapter. A copy of the list shall be provided to the
student or the student's parent at the expulsion meeting. If the student
or student's parent fails to attend an expulsion meeting, a copy of the
list shall be mailed to the student's residence.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-5.1-13.]

Legislative History

As added by P.L.1-2005, SEC.17. Amended by P.L.94-2019, SEC.3; P.L.150-2024, SEC.63.