§ 20-33-8-25 — Additional disciplinary actions authorized

(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
hours:
(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;
and
(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
perform.
(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
student.
(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 a disability (as defined in IC 20-35-1-8) who physically assaults a person having authority over the
student is subject to procedural safeguards under 20 U.S.C. 1415.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-5.1-18.]

Legislative History

As added by P.L.1-2005, SEC.17. Amended by P.L.66-2009, SEC.4; P.L.233-2015, SEC.262.