(a) A principal may take action concerning the principal's school or a school activity within the principal's jurisdiction that is reasonably necessary to carry out or prevent interference with an educational function or school purposes.

(b) Subsection (a) allows a principal to write regulations that govern student conduct.

A. (1) superintendent; or

(a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the following:

(b) The:

(c) The governing body of a school corporation may delegate:

(d) Subsection (a) does not apply to rules or directions concerning the following:

(a) As used in this section, "special school" includes the following:

(b) To the extent possible, this chapter applies to a special school.

(c) The governing body of a special school may make necessary modifications to the responsibilities of school personnel under this chapter to accommodate the administrative structure of a special school.

(d) In addition to a disciplinary action imposed by a special school, the principal of the school where a student is enrolled may without additional procedures adopt a disciplinary action or decision of a special school as a disciplinary action of the school corporation.

(a) Discipline rules adopted by the governing body of a school corporation under section 12 [IC 20-33-8-12] of this chapter must:

(b) The discipline rules described in subsection (a) may be applied regardless of the physical location in which the bullying behavior occurred, whenever:

(c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or computer software that is accessed through a:

(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.

(a) The following are the grounds for student suspension or expulsion, subject to the procedural requirements of this chapter and as stated by school corporation rules:

(b) The grounds for suspension or expulsion listed in subsection (a) apply when a student is:

In addition to the grounds specified in section 14 [IC 20-33-8-14] of this chapter, a student may be suspended or expelled for engaging in unlawful activity on or off school grounds if:

As used in this chapter, "school purposes" refers to the purposes for which a school corporation operates, including the following:

As used in this chapter, "school property" means the following:

If a person other than a member of the administrative staff who is an employee of a school corporation has personally observed:

A school corporation shall put a copy of the school corporation's criminal organization policy established under section 2 [IC 20-26-18-2] of this chapter:

(a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the following:

(b) The:

(c) The governing body of a school corporation may delegate:

(d) Subsection (a) does not apply to rules or directions concerning the following:

(a) A school corporation must provide each:

(b) A student who uses a locker that is the property of a school corporation is presumed to have no expectation of privacy in:

(c) In accordance with the rules of the governing body, a principal may search:

(d) A law enforcement agency having jurisdiction over the geographic area having a school facility containing a student's locker may:

(a) Each school shall make available a copy of the school's seclusion and restraint plan to the student's parents or guardians, or to the student if the student is at least eighteen (18) years of age and the provisions of 511 IAC 7-43-5(b) do not apply.

(b) Including the location of the plan in the student handbook satisfies subsection (a).

(a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the following:

(b) The:

(c) The governing body of a school corporation may delegate:

(d) Subsection (a) does not apply to rules or directions concerning the following:

(a) Student supervision and the desirable behavior of students in carrying out school purposes is the responsibility of:

(b) In all matters relating to the discipline and conduct of students, school corporation personnel:

(c) Students must:

(a) This section applies to an individual who:

(b) An individual may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.

(c) Subject to rules of the governing body and the administrative staff, an individual may remove a student for a period that does not exceed five (5) school days from an educational function supervised by the individual or another individual who is a teacher or other school staff member.

(d) If an individual removes a student from a class under subsection (c), the principal may place the student in another appropriate class or placement or into inschool suspension. The principal may not return the student to the class from which the student was removed until the principal has met with the student, the student's teacher, and the student's parents to determine an appropriate behavior plan for the student. If the student's parents do not meet with the principal and the student's teacher within a reasonable amount of time, the student may be moved to another class at the principal's discretion.

(a) This section applies to an individual who:

(b) An individual may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.

(c) Subject to rules of the governing body and the administrative staff, an individual may remove a student for a period that does not exceed five (5) school days from an educational function supervised by the individual or another individual who is a teacher or other school staff member.

(d) If an individual removes a student from a class under subsection (c), the principal may place the student in another appropriate class or placement or into inschool suspension. The principal may not return the student to the class from which the student was removed until the principal has met with the student, the student's teacher, and the student's parents to determine an appropriate behavior plan for the student. If the student's parents do not meet with the principal and the student's teacher within a reasonable amount of time, the student may be moved to another class at the principal's discretion.

(a) This section applies to an individual who:

(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:

(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.

(a) A school corporation must provide each:

(b) A student who uses a locker that is the property of a school corporation is presumed to have no expectation of privacy in:

(c) In accordance with the rules of the governing body, a principal may search:

(d) A law enforcement agency having jurisdiction over the geographic area having a school facility containing a student's locker may:

assist a school administrator in searching a student's locker and the locker's contents.

As used in this chapter, "behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-9-3) and incorporated into a student's individualized education program (as defined in IC 20-18-2-9) and that describes the following:

The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.

As used in this chapter, "chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment and dosage for the student's medical or psychiatric condition.

As used in this chapter, "commission" refers to the commission on seclusion and restraint in schools established by section 11 [IC 20-20-40-11] of this chapter.

(a) As used in this chapter, "mechanical restraint" means the use of:

(b) The term does not include:

(a) As used in this chapter, "physical restraint" means physical contact between a school employee and a student:

(b) The term does not include:

As used in this chapter, "positive behavior intervention and support" means a systematic approach that:

As used in this chapter, "school corporation" includes a charter school that is not a virtual charter school.

As used in this chapter, "school employee" means an individual employed by a school corporation or a state accredited nonpublic school.

As used in this chapter, "seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's individualized education program, in which an adult is continuously present in the room with the student.

As used in this chapter, "time-out" means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted.

(a) The commission on seclusion and restraint in schools is established.

(b) The commission has the following ten (10) members:

(c) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member who is not a state employee is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(a) The designee of the secretary of education under section 11(b)(1) [IC 20-20-40-11(b)(1)] of this chapter serves as chairperson of the commission.

(b) The commission shall meet at least annually on the call of the chairperson, and may meet as often as is necessary. The chairperson shall provide not less than fourteen (14) days notice of a meeting to the members of the commission and to the public.

(c) The affirmative votes of at least five (5) members of the commission are necessary for the commission to take action. The votes of the commission must be recorded.

(d) All commission meetings shall be open to the public, and each meeting must include opportunities for public comment.

(e) The department shall provide staff support for the commission.

(a) The commission has the following duties:

(A) execution of the commission's duties under this section; and

(B) review of incident reports under section 13.6 [IC 20-20-40-13.6] of this chapter.

(b) The model policy developed by the commission must take into consideration that implementation and reporting requirements for state accredited nonpublic schools may vary, and the model plan must provide state accredited nonpublic schools flexibility with regards to accountability under and implementation of the plan adopted by a state accredited nonpublic school under section 14 [IC 20-20-40-14] of this chapter.

(a) A school corporation or state accredited nonpublic school shall adopt a restraint and seclusion plan that incorporates, at a minimum, the elements of the model plan developed under section 13 [IC 20-20-40-13] of this chapter. The school corporation's or state accredited nonpublic school's plan must become effective not later than July 1, 2014.

(b) The department has the authority to require schools to submit plans developed in accordance with section 13 of this chapter.

(a) Nothing in this chapter may be construed to prevent a school employee from stopping a physical altercation, acting to prevent physical harm to a student or another individual, or acting to address an emergency until the emergency is over, whether or not the school employee has received training under this chapter.

(b) This chapter may not be construed to give rise to a cause of action, either civil or criminal, against the state, the department, a school corporation, a state accredited nonpublic school, the commission, or a member of the commission.

(c) In all matters relating to the plan adopted under section 14 [IC 20-20-40-14] of this chapter, school corporation or state accredited nonpublic school personnel have qualified immunity with respect to an action taken to promote student conduct under a plan adopted under section 14 of this chapter if the action is taken in good faith and is reasonable.

(a) The commission:

(b) An emergency rule adopted under subsection (a)(2) expires on the earlier of:

A school corporation, a state accredited nonpublic school, or a charter school shall report all instances of:

(a) "Behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-7-2 [IC 20-35-7 was repealed by P.L.233-2015, SECTION 286, effective July 1, 2015.]) and incorporated into a student's IEP (as defined in IC 20-18-2-9) and that describes the following:

(b) The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.

Sec. 3. "Chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition.

Sec. 5. "Crisis intervention training" refers to training provided to selected staff members that addresses how to deal with aggressive, violent, or out of control behaviors. The term includes specific techniques for seclusion and restraint.

(a) "Mechanical restraint" means the use of:

attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body.

(b) The term does not include:

that is used as authorized by a licensed physician or other qualified health care professional.

(c) The term does not include a bus harness or other safety equipment that is used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes as provided under 575 IAC 1.

(a) "Physical restraint" means physical contact between a school employee, including a school resource officer (as defined in section 18.5 of this rule), and a student:

(b) The term does not include:

(c) The term does not include the use of a bus harness or other safety equipment that is used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes as provided under 575 IAC 1.

Sec. 13. "Positive behavior intervention and support" means a systematic approach that:

to achieve improved academic and social outcomes and increase learning for all students.

Sec. 14. "Prevention and conflict deescalation training" means training that is provided broadly to school staff on how to prevent, defuse, and deescalate potential behavioral crisis situations without physical contact between a school employee and a student.

Sec. 15. "Prone physical restraint" refers to when a person is being held face down on a horizontal surface such as the floor.

Sec. 16. "Restraint" encompasses chemical restraint, physical restraint, and mechanical restraint.

Sec. 19. "Seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's IEP and during which an adult is continuously present in the room with the student.

Sec. 21. "Substantial risk" means a situation where there is:

Sec. 22. "Supine physical restraint" refers to a person being held face up on a horizontal surface such as the floor.

Sec. 23. "Time-out" means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted.

(a) This article applies to the following:

(a) Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.

(b) Any behavioral intervention must be consistent with the student's rights to be treated with dignity and to be free from abuse.

(c) Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.

(d) Physical restraint or seclusion should not be used except in situations where the student's behavior poses imminent risk of injury to self or others and other interventions are ineffective and should be discontinued as soon as imminent risk of injury to self or others has dissipated. (Commission on Seclusion and Restraint in Schools; 513 IAC 1-2-2; filed Aug 5, 2014, 1:32 p.m.:20140903-IR-513130408FRA; readopted filed Nov 30, 2020, 12:07 p.m.: 20201230-IR-513200367RFA).

Sec. 3. A school shall use prevention, positive behavior intervention and support, and conflict deescalation strategies to eliminate or minimize the need for the use of any of the following:

(a) Every effort shall be made to prevent the need for the use of restraint or for the use of seclusion on a student.

(b) Seclusion or physical restraint shall not be used except when used as a last resort in situations where:

(c) Any use of seclusion or restraint:

(a) Except as provided in subsection (d), the use of mechanical restraints to restrict a student's freedom of movement is prohibited.

(b) The use of any drug, medication, or other chemical to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health care professional) is prohibited.

(c) Schools shall never give a student any drug or medication that is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition unless otherwise prescribed by a physician.

(d) While transporting a student on a moving vehicle, a bus harness or other safety equipment may be required and is permissible for safety purposes. However, the use of any bus harness or safety equipment, as described in 513 IAC 1-1-10, that is used to restrain a student during transportation must be documented. (Commission on Seclusion and Restraint in Schools; 513 IAC1-2-5; filed Aug 5, 2014, 1:32 p.m.: 20140903-IR-513130408FRA; filed Dec 21, 2018, 3:05 p.m.: 20190116-IR-513180063FRA).

(a) Staff shall be trained according to the school's adopted plan on the appropriate use of effective alternatives to physical seclusion and restraint, such as positive behavioral interventions and supports, and, only for cases involving imminent risk of injury, on the safe use of physical seclusion and restraint.

(b) Each school shall identify appropriate school staff to be trained on the safe use of effective alternatives to physical seclusion and restraint. Recurrent training of staff should be done in accordance with the school's plan.

(c) Each school shall choose a training protocol that includes the following:

(d) Training programs shall differentiate for levels of school personnel and training needs.

(e) Each school must maintain documentation that includes the following information:

(f) Training may be provided by any person who is trained in the current best practices of the protocols listed in subsection (c).

(a) Every incident in which seclusion or restraint is used shall be carefully and continuously visually monitored to ensure the safety of the following:

(b) Immediately after the student has restored emotional and behavioral control following the use of restraint or seclusion, or both, a staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained during the seclusion or restraint.

(c) The building administrator or designee shall attempt to report every incident, including every incident involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which seclusion or restraint is used on a student to the student's parent or guardian:

(d) In addition to the verbal notice described in subsection (c), written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every incident in which seclusion or restraint is used on a student. Such notice shall be provided as soon as practical.

(e) Public school corporations and charter schools shall report the number of incidents, including the number of incidents involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which either seclusion or restraint is used in its annual performance report.

(f) A school resource officer is involved in an incident of restraint or seclusion of a student when the school resource officer:

(g) Each accredited nonpublic school shall report, in writing, the number of incidents in which either seclusion or restraint is used in its school to its governing authority.

(h) Each school must conduct an annual review of its plan for the purposes of improvement and revision.

(a) Each school shall make available a copy of the school's seclusion and restraint plan to the student's parents or guardians, or to the student if the student is at least eighteen (18) years of age and the provisions of 511 IAC 7-43-5(b) do not apply.

(b) Including the location of the plan in the student handbook satisfies subsection (a).

(a) Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up to the use of either seclusion or restraint.

(b) Documentation may include the following:

(c) The department shall, annually, review incident reports from not less than three percent (3%) of public schools, which schools shall be chosen at random by the department.

(d) Upon request, each school selected for review under subsection (c) shall provide the department, in a manner prescribed by the department, with a copy of any incident report involving the use of seclusion or restraint of a student.

(e) Upon request by the department, each school shall provide a copy of the school's seclusion and restraint plan under section 11 of this rule.

(f) The department shall provide the commission with a summary report of the department's annual review. The summary report shall be in a manner and form prescribed by the commission.

(a) As soon as practical, and consistent with the school's plan, after every instance in which seclusion or restraint is used on a student, the school administrator or designee shall do the following:

(a) No later than July 1, 2014, each Indiana school corporation, charter school, and accredited nonpublic school must adopt a seclusion and restraint plan. At a minimum, each seclusion and restraint plan shall include the following:

(b) The department shall accept reports from the public regarding school restraint and seclusion plans, which reports shall be limited to:

(c) The department shall provide the commission with a summary of the reports received.

(d) The summary report must comply with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99).

(e) The commission, after reviewing the summary from the department, may instruct the department to require a school to provide a written explanation regarding a report.

(f) Upon request, each school shall provide the department with a written explanation and response to any questions posed by the department. The school shall provide the explanation in a manner prescribed by the department.

(g) After review of the explanation by the school and any supporting documentation, the department shall provide a summary of the department's findings.

(h) Based on the department's findings, the commission may make nonbinding recommendations to the department or to the school related to professional development for the school related to the use of seclusion or restraint, this article, or IC 20-20-40.

(a) The following are the grounds for student suspension or expulsion, subject to the procedural requirements of this chapter and as stated by school corporation rules:

(b) The grounds for suspension or expulsion listed in subsection (a) apply when a student is:

In addition to the grounds specified in section 14 [IC 20-33-8-14] of this chapter, a student may be suspended or expelled for engaging in unlawful activity on or off school grounds if:

(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 [IC 20-33-8-20] of this chapter, a student who is:

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:

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.

A student may be expelled from school if the student's legal settlement is not in the attendance area of the school corporation where the student is enrolled.

(a) This section applies to an individual who:

(b) An individual may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.

(c) Subject to rules of the governing body and the administrative staff, an individual may remove a student for a period that does not exceed five (5) school days from an educational function supervised by the individual or another individual who is a teacher or other school staff member.

(d) If an individual removes a student from a class under subsection (c), the principal may place the student in another appropriate class or placement or into inschool suspension. The principal may not return the student to the class from which the student was removed until the principal has met with the student, the student's teacher, and the student's parents to determine an appropriate behavior plan for the student. If the student's parents do not meet with the principal and the student's teacher within a reasonable amount of time, the student may be moved to another class at the principal's discretion.

(a) A principal may suspend a student for not more than ten (10) school days under section 14, 15, or 16 [IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16] of this chapter. However, the student may be suspended for more than ten (10) school days under section 23 [IC 20-33-8-23] of this chapter.

(b) A principal may not suspend a student before the principal affords the student an opportunity for a meeting during which the student is entitled to the following:

(c) When misconduct requires immediate removal of a student, the meeting under subsection (b) must begin as soon as reasonably possible after the student's suspension.

(d) Following a suspension, the principal shall send a written statement to the parent of the suspended student describing the following:

(e) If a student is suspended, the student is required to complete all assignments and school work assigned during the period of the student's suspension. The principal or the principal's designee shall ensure that the student receives:

A student may be allowed to make up missed tests or quizzes when the student returns to school.

(a) Except as provided in section 16 [IC 20-33-8-16] of this chapter, a student may not be expelled for a longer period than the remainder of the school year in which the expulsion took effect if the misconduct occurs during the first semester. If a student is expelled during the second semester, the expulsion remains in effect for summer school and may remain in effect for the first semester of the following school year, unless otherwise modified or terminated by order of the governing body. The appropriate authorities may require that a student who is at least sixteen (16) years of age and who wishes to reenroll after an expulsion or an exclusion attend an alternative program.

(b) An expulsion that takes effect more than three (3) weeks before the beginning of the second semester of a school year must be reviewed before the beginning of the second semester. The review:

(c) An expulsion that will remain in effect during the first semester of the following school year must be reviewed before the beginning of the school year. The review:

(a) Notwithstanding any other law, a suspension, an expulsion, or another disciplinary action against a student who is a student with a disability (as defined in IC 20-35-1-8) is subject to the:

(b) The division of special education shall propose rules to the state board for adoption under IC 4-22-2 governing suspensions, expulsions, and other disciplinary action for a student who is a student with a disability (as defined in IC 20-35-1-8).

(a) A principal may suspend a student for not more than ten (10) school days under section 14, 15, or 16 [IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16] of this chapter. However, the student may be suspended for more than ten (10) school days under section 23 [IC 20-33-8-23] of this chapter.

(b) A principal may not suspend a student before the principal affords the student an opportunity for a meeting during which the student is entitled to the following:

(c) When misconduct requires immediate removal of a student, the meeting under subsection (b) must begin as soon as reasonably possible after the student's suspension.

(d) Following a suspension, the principal shall send a written statement to the parent of the suspended student describing the following:

(e) If a student is suspended, the student is required to complete all assignments and school work assigned during the period of the student's suspension. The principal or the principal's designee shall ensure that the student receives:

(a) A superintendent of a school corporation may conduct an expulsion meeting or appoint one (1) of the following to conduct 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:

(c) The individual conducting an expulsion meeting:

(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:

The decision of the governing body may be appealed only under section 21 [IC 20-33-8-21] 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 delivered personally or sent by certified mail to a 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:

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 [IC 20-33-8-31] 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.

Judicial review of a governing body's action under this chapter by the circuit or superior court of the county in which a student who is the subject of the governing body's action resides is limited to the issue of whether the governing body acted without following the procedure required under this chapter.

An expulsion that has been upheld by a governing body continues in effect during judicial review under section 21 [IC 20-33-8-21] of this chapter unless:

The superintendent or the person designated by the superintendent under section 19(a) [IC 20-33-8-19(a)] of this chapter may continue suspension of a student for more than the ten (10) school day period of the principal's suspension and until the time of the expulsion decision under section 19 [IC 20-33-8-19] of this chapter if the superintendent or the designated person determines that the student's continued suspension will prevent or substantially reduce the risk of:

(a) This section applies to a student who:

(b) A principal may require a student to attend one (1) or more of the following:

As used in this chapter, "alternative education program" refers to an alternative school or educational program that is described in section 6 [IC 20-30-8-6] of this chapter. The term includes:

A student placed in an alternative education program must meet at least one (1) of the following criteria:

(a) The department shall encourage school corporations to assess the need in the school corporation for an alternative education program or an area alternative education program.

(b) Upon request of a school corporation, the department shall assist the school corporation in establishing an alternative education program.

(a) This section applies to a student who:

(b) A principal may require a student to attend one (1) or more of the following:

(a) This section applies to an individual who:

(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:

(a) If a student is suspended from school or from any educational function under this chapter, the student's absence from school because of the suspension is not a violation of:

(b) If a student is expelled from school or from any educational function under this chapter, the student's absence from school because of the expulsion is a violation of IC 20-33-2 or any other statute relating to compulsory school attendance if the student may enroll in:

during the student's expulsion. In the event an alternative education program or virtual charter school is not available for a student to attend under this subsection, the student's expulsion is not a violation of IC 20-33-2 or any other statute relating to compulsory school attendance.

(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 [IC 20-33-8-20] of this chapter, a student who is:

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:

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.

(a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:

commits a Level 6 felony.

(b) It is a defense to a prosecution under subsection (a) that:

(c) A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor.

(a) The department shall make reduction of absenteeism in schools a policy priority and provide assistance and guidance to school corporations and schools in:

(b) The department shall provide resources and guidance to school corporations concerning evidence based practices and effective strategies that reduce absenteeism in schools. However, the department may not mandate a particular policy within a chronic absence reduction plan adopted by a school corporation or school.

(a) Each school attendance officer, sheriff, marshal, and police officer in Indiana may take into custody any child who:

(b) When an officer takes a child into custody under this section, the officer shall immediately deliver the child to the principal of the public or nonpublic school in which the child is enrolled. If a child is not enrolled in any school, then the officer shall deliver the child into the custody of the principal of the public school in the attendance area in which the child resides. If a child is taken to the appropriate school and the principal is unavailable, the acting chief administrative officer of the school shall take custody of the child.

(c) The powers conferred under this section may be exercised without warrant and without subsequent legal proceedings.

(a) When a child is delivered into the custody of a principal or acting chief administrative officer under section 23 [IC 20-33-2-23] of this chapter, the principal or officer shall immediately place the child in class in the grade or course of study in which the child is enrolled or to which the child may be properly assigned.

(b) A child who is placed in class under this section shall not be kept at school beyond the regular hour of dismissal on that day for the grade or course of study in which the child is placed. As promptly as reasonably possible after placing a child in class under this section, the principal or acting chief administrative officer shall attempt to advise the child's parent of the facts of the case by telephone. The principal or acting chief administrative officer shall advise the parent of the facts of the case by mail on the same day the principal or officer receives the child.

The superintendent or an attendance officer having jurisdiction shall report a child who is habitually absent from school in violation of this chapter to an intake officer of the juvenile court or the department of child services. The intake officer or the department of child services shall proceed in accord with IC 31-30 through IC 31-40.

(a) It is the duty of each:

(b) An affidavit 

(1) against a parent for a violation of this chapter; and 

(2) concerning a child being habitual truant; shall be prepared and filed in the same manner and under the procedure prescribed for filing affidavits for the prosecution of public offenses.

(c) An affidavit under this section shall be filed in a court with jurisdiction in the county in which the affected child resides. 

(d) The prosecuting attorney shall notify each parent of a child regarding an affidavit described in subsection (b) when the affidavit is filed under this section.

(e) The prosecuting attorney shall file and prosecute actions under this section as in other criminal cases. 

(f) The court shall promptly hear cases brought under this section.

IC 20-33-2.5-1. “Absent Student”

As used in this chapter, “absent student” means a student who:

(1) is enrolled in a school in kindergarten through grade 6; and

(2) is absent from school five (5) days within a ten (10) week period without being:

(A) excused; or

(B) absent in conformity with a note on file from the student’s doctor, therapist, or other professional requesting frequent absences be excused under the student’s:

(i) individualized education program;

(ii) service plan developed under 511 IAC 7-34;

(iii) choice scholarship education plan developed under 511 IAC 7-49; or

(iv) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794.

IC 20-33-2.5-2. “Governing authority.”

As used in this chapter, “governing authority” refers to the:

(1) governing body of a school corporation; or

(2) organizer of a charter school.

IC 20-33-2.5-3. “School.”

As used in this chapter, “school” refers to a public school, including a charter school.

IC 20-33-2.5-4. Truancy prevention policy.

Each governing authority shall adopt a truancy prevention policy regarding absent students that includes the following:

(1) A school shall immediately provide written notification to the parent of an absent student that includes the following information:

(A) That the student is an absent student based on the student’s school attendance.

(B) That the parent is responsible for:

(i) monitoring the absent student’s school attendance; and

(ii) ensuring the absent student attends school in accordance with compulsory attendance laws.

(C) That the school will be initiating truancy prevention measures regarding the absent student.

(D) That the parent is required to attend an attendance conference regarding the truancy prevention measures that the school will be implementing for the absent student.

(E) That, if the student meets the requirements of a habitual truant, the:

(i) superintendent or attendance officer of the school is required to report the student to an intake officer of the juvenile court or the department of child services in accordance with IC 20-33-2-25;

(ii) juvenile court may determine that the student is committing a delinquent act as provided under IC 31-37-2-3; and

(iii) parent of the student may be subject to prosecution under IC 35-46-1-4.

(2) Except as provided under section 5 [IC 20-33-2.5-5] of this chapter, a school shall hold an attendance conference with at least the following individuals to discuss the student’s absences and establish a plan for the student to prevent future absences:

(A) A representative of the school.

(B) A teacher of the student.

(C) The student’s parent.

(D) A representative chosen by the student’s parent who may provide insight into the student’s absenteeism if the student’s parent:

(i) makes a request to the school that the representative attend; and

(ii) provides notice to the school regarding the identification of the representative;
at least forty-eight (48) hours before the attendance conference.

(3) A school shall establish a plan under subdivision (2) that may include the following:

(A) Any wraparound services that are able to be provided to the absent student to ensure the absent student attends school.

(B) A specific description of the behavior that is required or prohibited for the absent student.

(C) The period for which the plan will be effective, not to exceed forty-five (45) instructional days after the date the plan is established.

(D) Any additional disciplinary action the school will take if the absent student does not comply with the plan.

(E) If applicable, a referral to counseling, mentoring, or other services for the student.

(F) If applicable, whether a parent is expected to attend the counseling, mentoring, or other services under clause (E) with the student.

(G) To the extent possible, the signature of the parent of the student agreeing to comply with the plan.

(4) A school shall offer additional counseling or services to an absent student if the school determines that the student’s absences are related to any of the following:

(A) The student’s pregnancy.

(B) That the student is in foster care (as defined in IC 31-9-2-46.7).

(C) That the student is homeless.

(D) That the student has a severe or life threatening illness or related treatment.

IC 20-33-2.5-5. Attendance conference.

(a) A school shall hold an attendance conference described in section 4(2) [IC 20-33-2.5-4(2)] of this chapter not more than five (5) instructional days after the student’s fifth absence described in section 1(2) [IC 20-33-2.5-1(2)] of this chapter regardless of whether:

(1) the parent of the student; or

(2) a representative described under section 4(2)(D) [IC 20-33-2.5-4(2)(D)] of this chapter; is able to attend the conference.

(b) A school shall make all reasonable efforts to hold an attendance conference as required under subsection (a) on a date and at a time that works with the schedule of the student’s parent

The state drug free communities fund is established to promote comprehensive alcohol and drug abuse prevention initiatives by supplementing state and federal funding for the coordination and provision of treatment, education, prevention, and criminal justice efforts. The fund consists of amounts deposited:

(a) For kindergarten through grade 12, the governing body of each school corporation shall provide instruction concerning the effects that:

(b) The state board shall make available to all school corporations a list of appropriate available instructional material on the matters described in subsection (a).

(c) The department shall develop curriculum guides to assist teachers assigned to teach the material described in subsection (a).

(d) The state board shall approve drug education curricula for every grade from kindergarten through grade 12.

(e) The department shall provide assistance to each school corporation to train at least one (1) teacher in the school corporation in drug education.

Sections 5 through 9 [IC 20-33-9-5 through IC 20-33-9-9] of this chapter apply to the following:

If a person other than a member of the administrative staff who is an employee of a school corporation has personally observed:

A member of the administrative staff who, based on personal knowledge or on the report of another employee of the school corporation, believes that a person has committed a violation described in section 1 [IC 20-33-9-1] of this chapter or a delinquent act that would be a violation described in section 1 of this chapter if the violator were an adult in, on, or within one thousand (1,000) feet of the school property of the school corporation employing the member, shall immediately report:

This chapter applies to every school corporation and to a school city to which IC 20-25 applies.

(a) Not later than June 1, 2016, the governing body of each school corporation shall establish a written policy to address criminal organizations and criminal organization activity in schools. The governing body of a school corporation shall develop the policy in consultation with:

(b) The policy must meet all the requirements for the department's model criminal organization policy set forth in IC 20-19-3-12(d).

(c) Not later than September 1, 2016, each school corporation shall submit a copy of its criminal organization policy to the department.

A school corporation shall put a copy of the school corporation's criminal organization policy established under section 2 [IC 20-26-18-2] of this chapter:

To foster the continuing coordination of criminal organization prevention, intervention, and suppression efforts, the governing body of a school corporation may establish a program to provide criminal organization intervention services to students. If a school corporation chooses to develop a program under this section, the governing body shall establish an advisory committee that includes the following members:

(a) Not later than June 1, 2017, and before June 2 of each year thereafter, each school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's compliance with this chapter. The report must include school based data to monitor for disproportionality, with each school reporting the number of investigations disposed of internally and the number of cases referred to local law enforcement, disaggregated by race, ethnicity, age, and gender.

(b) Not later than November 1, 2017, and before November 2 of each year thereafter, the department shall submit a comprehensive report concerning criminal organization activity in schools to the governor and the general assembly. A report submitted to the general assembly under this subsection must be in an electronic format under IC 5-14-6. The report must include the following:

(a) As used in this section, "cyberbullying" refers to bullying (as defined in IC 20-33-8-0.2) that occurs through the use of data or computer software that is accessed through a:

(b) The department shall maintain a link on the department's website that provides parents and school officials with resources or best practices regarding the prevention and reporting of bullying and cyberbullying. The resources must include guidance on how to report to law enforcement agencies instances of bullying and cyberbullying that occur off campus. The department shall also include guidelines developed by the department under IC 10-21-1-14(d).

(c) The department shall consult with law enforcement agencies, school officials, and organizations that have expertise in the prevention or reporting of bullying or cyberbullying for purposes of developing or providing the resources or best practices described in subsection (b).

(d) The following entities shall maintain a link on their websites to the website described in subsection (b):

(a) The governing body of each school corporation shall work with parents to:

an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department.

(b) The model plan developed by the department under subsection (a) must:

A school corporation shall provide training to the school corporation's employees and volunteers who have direct, ongoing contact with students concerning the school's bullying prevention and reporting policy adopted under IC 20-33-8-13.5. The training shall be conducted in a manner prescribed by the state board under IC 20-28-5.5-1 or IC 20-28-5.5-1.5.

(a) Not later than October 15 of each year, each public school shall provide age appropriate, research based instruction as provided under IC 10-21-1-14(d). focusing on bullying prevention for all students in grades 1 through 12.

(b) The department, in consultation with school safety specialists and school counselors, shall prepare outlines or materials for the instruction described in subsection (a) and incorporate the instruction in grades 1 through 12.

(c) Instruction on bullying prevention may be delivered by a school safety specialist, school counselor, or any other person with training and expertise in the area of bullying prevention and intervention.

(a) As used in this chapter, "bullying" means overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the targeted student and create for the targeted student an objectively hostile school environment that:

(b) The term may not be interpreted to impose any burden or sanction on, or include in the definition of the term, the following:

(a) Discipline rules adopted by the governing body of a school corporation under section 12 [IC 20-33-8-12] of this chapter must:

(b) The discipline rules described in subsection (a) may be applied regardless of the physical location in which the bullying behavior occurred, whenever:

(c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or computer software that is accessed through a:

(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.

This chapter does not relieve an individual of the obligation to report a threat, intimidation, a battery, or harassment on the individual's own behalf, unless a report has already been made to the best of the individual's belief.

(a) By July 1 of each year, each school corporation shall submit a report to the department detailing the following information for the current school year for each school in the school corporation and for the entire school corporation:

(a) Not later than June 1, 2018, and each June 1 thereafter, the department shall send notification via electronic mail or a letter to each school corporation explaining:

(b) The department may conduct an audit of a school corporation to ensure that the school corporation is accurately reporting bullying incidents under section 1(a)(8) of this chapter. If the department finds discrepancies in the school corporation's reporting of bullying incidents under section 1(a)(8) of this chapter, the department shall post a copy of the department's findings on the department's Internet web site.

(a) Subject to subsections (c) and (d), money in the fund may be used only for the following purposes:

(a) As used in this section, "hazing" means forcing or requiring another person:

to perform an act that creates a substantial risk of bodily injury.

(b) A person who knowingly or intentionally performs hazing commits a Class B misdemeanor. However, the offense is a Level 6 felony if it results in serious bodily injury to another person, and a Level 5 felony if it is committed by means of a deadly weapon.

(c) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator were an adult, who:

is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.

(d) A person described in subsection (c)(1) or (c)(2) is presumed to act in good faith.

(e) A person described in subsection (c)(1) or (c)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:

(a) The department, in collaboration with organizations that have expertise in dating violence, domestic violence, and sexual abuse, shall identify or develop:

Not later than July 1, 2011, the department shall make the models developed or identified under this section available to assist schools with the implementation of dating violence education programs in grades 6 through 12 and dating violence response policies.

(b) The model dating violence policy identified or developed under subsection (a) may include the following topics:

(a) The department, in collaboration with organizations that have expertise in dating violence, domestic violence, and sexual abuse, shall identify or develop:

Not later than July 1, 2011, the department shall make the models developed or identified under this section available to assist schools with the implementation of dating violence education programs in grades 6 through 12 and dating violence response policies.

(b) The model dating violence policy identified or developed under subsection (a) may include the following topics:

(a) The department, in collaboration with the Indiana criminal justice institute, the department of child services, the center for evaluation and education policy at Indiana University, the state police department, and any organization that has expertise in providing criminal organization education, prevention, or intervention that the department determines to be appropriate, shall:

(b) Not later than July 1, 2015, the department shall make the model policy developed under subsection (a)(2) available to assist schools in the development and implementation of a criminal organization policy.

(c) The model educational materials on criminal organization activity identified or developed under subsection (a)(1) must include information:

(d) The model criminal organization policy developed under subsection (a)(2) must include:

(a) The department shall make reduction of absenteeism in schools a policy priority and provide assistance and guidance to school corporations and schools in:

(b) The department shall provide resources and guidance to school corporations concerning evidence based practices and effective strategies that reduce absenteeism in schools. However, the department may not mandate a particular policy within a chronic absence reduction plan adopted by a school corporation or school.

(a) The governing body of each school corporation shall work with parents to:

an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department.

(b) The model plan developed by the department under subsection (a) must:

(c) Beginning in the 2019-2020 school year, the department, in collaboration with parent organizations, teacher organizations, educational support professional organizations, and state educational institutions, shall, upon a school corporation's request, provide information and assistance to the school corporation regarding the implementation of the school corporation's evidence based plan developed under subsection (a) to ensure that teachers and administrators receive appropriate professional development and other resources in preparation for carrying out the plan.

As used in this chapter, "positive behavior intervention and support" means a systematic approach that:

to achieve improved academic and social outcomes and increase learning for all students.

(a) The commission has the following duties:

Sec. 13. "Positive behavior intervention and support" means a systematic approach that:

to achieve improved academic and social outcomes and increase learning for all students.

Sec. 3. A school shall use prevention, positive behavior intervention and support, and conflict deescalation strategies to eliminate or minimize the need for the use of any of the following:

No relevant laws found.

The department of education, in cooperation with the department of child services, the department of correction, and the division of mental health and addiction, shall:

for individuals from birth through twenty-two (22) years of age;

The children's social, emotional, and behavioral health plan shall recommend:

(a) This section applies only to public schools.

(b) As used in this section, "good citizenship instruction" means integrating instruction into the current curriculum that stresses the nature and importance of the following:

(c) The department shall:

The division is responsible for the following:

(a) To the extent that funds are made available, the division, in consultation with:

(b) The mental health first aid training program developed under subsection (a) must do the following:

(c) The division shall provide training for individuals who will be instructors in the mental health first aid training program.

(d) The division shall make the mental health first aid training program available to licensed teachers, school counselors, emergency medical service providers, law enforcement officers, leaders of community faith organizations, and other persons interested in receiving training under the program.

(e) The division, the department of education, and the Indiana emergency medical services commission may seek federal and state funding and may accept private contributions to administer and provide mental health first aid training programs.

(f) Notwithstanding any other law, the division is not required to implement the mental health first aid training program until after June 30, 2016.

(g) Before October 1, 2015, the division shall report to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4(14) concerning the status of the development of the mental health first aid training program.

A governing body may adjourn the governing body's schools for not more than three (3) days in a school year to allow teachers, school administrators, and paraprofessionals to participate in:

(C) This subsection applies to an application from a school corporation, charter school, or accredited nonpublic school (or coalition of public and accredited nonpublic schools applying jointly). Each school corporation, charter school, or accredited nonpublic school shall certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has:

(2) a memorandum of understanding in place with a community mental health center established under IC 12-29-2 or provider certified or licensed by the state to provide mental or behavioral health services to students before applying for a grant under this chapter. A provider described in this subsection may be employed by the school corporation, charter school, or accredited nonpublic school.

The department of education, in cooperation with the department of child services, the department of correction, and the division of mental health and addiction, shall:

The children's social, emotional, and behavioral health plan shall recommend:

(a) Each school corporation and charter school shall enter into a memorandum of understanding with a community mental health center established under IC 12-29-2 or a provider certified or licensed by the state to provide appropriate and necessary mental or behavioral health services to students. The division of mental health and addiction shall develop a memorandum of understanding for referral and assist school corporations and charter schools in obtaining a memorandum of understanding with a community mental health center or an appropriate provider.

(b) A school corporation and a charter school may not refer a student to a mental health care provider or a community mental health center for services unless the school corporation or charter school has received the written consent of the student's parent or guardian.

(c) If a school corporation or charter school refers a student to a mental health care provider, the school corporation or charter school may note the referral in the student's cumulative record but may not include any possible diagnosis or information concerning the student's mental health other than any medication that the student takes for the student's mental health. A student record that contains medical information must be kept confidential.

(d) A school counselor or other employee of a school corporation or a charter school may not diagnose a student as having a mental health condition unless the individual's scope of practice includes diagnosing a mental health condition.

(e) Before providing a referral under a memorandum of understanding, each school corporation and charter school shall comply with the following requirements:

As used in this chapter, "plan" refers to a student and parent support services plan described in section 6(2) [IC 20-34-9-6(2)] of this chapter.

As used in this chapter, "program" refers to the student and parent support services grant program established by section 5 [IC 20-34-9-5] of this chapter.

Beginning after June 30, 2020, and subject to available funding, a school corporation, a charter school, and an accredited nonpublic school are eligible for a grant under this chapter if the school corporation, charter school, or accredited nonpublic school meets the requirements of this chapter.

(a) The student and parent support services grant program is established to provide grants to school corporations, charter schools, and accredited nonpublic schools for the development and implementation of student and parent support services plans to support parents caring for at-risk students.

(b) The department, in coordination with the division of mental health and addiction, shall administer the program.

A school corporation, a charter school, or an accredited nonpublic school must do the following to participate in the program:

(a) Before June 30, 2020, and before each June 30 thereafter, the department shall evaluate and prepare a report concerning development and implementation of the following:

(b) The department shall submit the report described in subsection (a) to the legislative council in an electronic format under IC 5-14-6.

(a) School corporations shall provide student assistance services at the elementary and secondary school levels.

(b) Student assistance services shall be coordinated by a:

(c) Student assistance services shall include, but are not limited to, the following:

If a person other than a member of the administrative staff who is an employee of a school corporation has personally observed:

In addition to any other duty to report arising under this article, an individual who has reason to believe that a school employee:

shall report that information as required by this chapter.

(a) This section does not apply to a charter school or a state accredited nonpublic school.

(b) A school employee shall report any incidence of suspected criminal organization activity, criminal organization intimidation, or criminal organization recruitment to the principal and the school safety specialist.

(c) The principal and the school safety specialist may take appropriate action to maintain a safe and secure school environment, including providing appropriate intervention services.

(a) If an individual who is required to make a report under this chapter is a member of the staff of a school, the individual shall make the report by immediately notifying the principal of the school that a school employee may have received a threat or may be the victim of intimidation, battery, or harassment.

(b) An individual who receives a report under subsection (a) shall immediately make a report or cause a report to be made under section 13 [IC 20-33-9-13] of this chapter.

This chapter does not relieve an individual of the obligation to report a threat, intimidation, a battery, or harassment on the individual's own behalf, unless a report has already been made to the best of the individual's belief.

(a) When a child is delivered into the custody of a principal or acting chief administrative officer under section 23 [IC 20-33-2-23] of this chapter, the principal or officer shall immediately place the child in class in the grade or course of study in which the child is enrolled or to which the child may be properly assigned.

(b) A child who is placed in class under this section shall not be kept at school beyond the regular hour of dismissal on that day for the grade or course of study in which the child is placed. As promptly as reasonably possible after placing a child in class under this section, the principal or acting chief administrative officer shall attempt to advise the child's parent of the facts of the case by telephone. The principal or acting chief administrative officer shall advise the parent of the facts of the case by mail on the same day the principal or officer receives the child.

(a) The governing body of a school corporation may adopt rules that require a person having care of a dependent student to participate in an action taken under this chapter in connection with a student's behavior. The rules must include the following:

(b) A dependent student is a child in need of services under IC 31-34-1-7 if, before the student child becomes eighteen (18) years of age:

A parent or guardian has the right to be present and may be required to be present during the student's appearance.

(a) Each school corporation and charter school shall enter into a memorandum of understanding with a community mental health center established under IC 12-29-2 or a provider certified or licensed by the state to provide appropriate and necessary mental or behavioral health services to students. The division of mental health and addiction shall develop a memorandum of understanding for referral and assist school corporations and charter schools in obtaining a memorandum of understanding with a community mental health center or an appropriate provider.

(b) A school corporation and a charter school may not refer a student to a mental health care provider or a community mental health center for services unless the school corporation or charter school has received the written consent of the student's parent or guardian.

(c) If a school corporation or charter school refers a student to a mental health care provider, the school corporation or charter school may note the referral in the student's cumulative record but may not include any possible diagnosis or information concerning the student's mental health other than any medication that the student takes for the student's mental health. A student record that contains medical information must be kept confidential.

(d) A school counselor or other employee of a school corporation or a charter school may not diagnose a student as having a mental health condition unless the individual's scope of practice includes diagnosing a mental health condition.

(e) Before providing a referral under a memorandum of understanding, each school corporation and charter school shall comply with the following requirements:

(a) Every incident in which seclusion or restraint is used shall be carefully and continuously visually monitored to ensure the safety of the following:

(b) Immediately after the student has restored emotional and behavioral control following the use of restraint or seclusion, or both, a staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained during the seclusion or restraint.

(c) The building administrator or designee shall attempt to report every incident, including every incident involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which seclusion or restraint is used on a student to the student's parent or guardian:

(d) In addition to the verbal notice described in subsection (c), written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every incident in which seclusion or restraint is used on a student. Such notice shall be provided as soon as practical.

(e) Public school corporations and charter schools shall report the number of incidents, including the number of incidents involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which either seclusion or restraint is used in its annual performance report.

(f) A school resource officer is involved in an incident of restraint or seclusion of a student when the school resource officer:

(g) Each accredited nonpublic school shall report, in writing, the number of incidents in which either seclusion or restraint is used in its school to its governing authority.

(h) Each school must conduct an annual review of its plan for the purposes of improvement and revision.

(a) As soon as practical, and consistent with the school's plan, after every instance in which seclusion or restraint is used on a student, the school administrator or designee shall do the following:

(a) No later than July 1, 2014, each Indiana school corporation, charter school, and accredited nonpublic school must adopt a seclusion and restraint plan. At a minimum, each seclusion and restraint plan shall include the following:

(a) The department shall:

(b) In compiling statistics by gender, ethnicity, and disability status under subsection (a)(4), the department shall also categorize suspensions and expulsions by cause as follows:

(c) The department shall provide the state board any data, including fiscal data, as determined by the state board, in a reasonable time frame established by the state board after consultation with the department, necessary to conduct an audit or evaluation of any federal or state supported program principally engaged in the provision of education, including, but not limited to:

or for the enforcement of or compliance with federal legal requirements related to those education programs as determined by the state board. The state board and the department are considered state educational authorities within the meaning of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99) for the purpose of allowing the free exchange of information between the department and the state board.

(d) The department may, upon request by a new school, assign an identification number for the new school.

(e) The department shall develop guidelines necessary to implement this section.

(a) Not later than June 1, 2017, and before June 2 of each year thereafter, each school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's compliance with this chapter. The report must include school based data to monitor for disproportionality, with each school reporting the number of investigations disposed of internally and the number of cases referred to local law enforcement, disaggregated by race, ethnicity, age, and gender.

(b) Not later than November 1, 2017, and before November 2 of each year thereafter, the department shall submit a comprehensive report concerning criminal organization activity in schools to the governor and the general assembly. A report submitted to the general assembly under this subsection must be in an electronic format under IC 5-14-6. The report must include the following:

A school corporation, a state accredited nonpublic school, or a charter school shall report all instances of:

(a) The governing body of each school corporation shall work with parents to:

an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department.

(b) The model plan developed by the department under subsection (a) must:

(c) Beginning in the 2019-2020 school year, the department, in collaboration with parent organizations, teacher organizations, educational support professional organizations, and state educational institutions, shall, upon a school corporation's request, provide information and assistance to the school corporation regarding the implementation of the school corporation's evidence based plan developed under subsection (a) to ensure that teachers and administrators receive appropriate professional development and other resources in preparation for carrying out the plan.

(a) Discipline rules adopted by the governing body of a school corporation under section 12 [IC 20-33-8-12] of this chapter must:

(b) The discipline rules described in subsection (a) may be applied regardless of the physical location in which the bullying behavior occurred, whenever:

(c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or computer software that is accessed through a:

(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.

(a) By July 1 of each year, each school corporation shall submit a report to the department detailing the following information for the current school year for each school in the school corporation and for the entire school corporation:

(b) By August 1 of each year, the department shall submit a report to:

providing a summary of the reports submitted to the department under subsection (a). The report to the legislative council must be in an electronic format under IC 5-14-6.

(c) By August 1 of each year, the department must post the reports described in subsections (a) and (b) on the department's Internet web site.

(d) Information reported under subsection (a)(8) may not be used in the calculation of a school corporation's improvement under IC 20-31-8.

(a) Not later than June 1, 2018, and each June 1 thereafter, the department shall send notification via electronic mail or a letter to each school corporation explaining:

(b) The department may conduct an audit of a school corporation to ensure that the school corporation is accurately reporting bullying incidents under section 1(a)(8) of this chapter. If the department finds discrepancies in the school corporation's reporting of bullying incidents under section 1(a)(8) of this chapter, the department shall post a copy of the department's findings on the department's Internet web site.

(a) Every incident in which seclusion or restraint is used shall be carefully and continuously visually monitored to ensure the safety of the following:

(b) Immediately after the student has restored emotional and behavioral control following the use of restraint or seclusion, or both, a staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained during the seclusion or restraint.

(c) The building administrator or designee shall attempt to report every incident, including every incident involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which seclusion or restraint is used on a student to the student's parent or guardian:

(d) In addition to the verbal notice described in subsection (c), written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every incident in which seclusion or restraint is used on a student. Such notice shall be provided as soon as practical.

(e) Public school corporations and charter schools shall report the number of incidents, including the number of incidents involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which either seclusion or restraint is used in its annual performance report.

(f) A school resource officer is involved in an incident of restraint or seclusion of a student when the school resource officer:

(g) Each accredited nonpublic school shall report, in writing, the number of incidents in which either seclusion or restraint is used in its school to its governing authority.

(h) Each school must conduct an annual review of its plan for the purposes of improvement and revision.

(a) Each school shall make available a copy of the school's seclusion and restraint plan to the student's parents or guardians, or to the student if the student is at least eighteen (18) years of age and the provisions of 511 IAC 7-43-5(b) do not apply.

(b) Including the location of the plan in the student handbook satisfies subsection (a).

(a) As soon as practical, and consistent with the school's plan, after every instance in which seclusion or restraint is used on a student, the school administrator or designee shall do the following:

(a) The governing body of each school corporation shall work with parents to:

(b) The model plan developed by the department under subsection (a) must:

The superintendent or an attendance officer having jurisdiction shall report a child who is habitually absent from school in violation of this chapter to an intake officer of the juvenile court or the department of child services. The intake officer or the department of child services shall proceed in accord with IC 31-30 through IC 31-40.

(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 [IC 20-33-8-20] of this chapter, a student who is:

(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:

(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.

This chapter does not apply to a nonpublic school.

A superintendent and a court having juvenile jurisdiction in the county may enter into a voluntary agreement (referred to as the "agreement" in this chapter) for court assisted resolution of school suspension and expulsion cases. The agreement may require the court to supervise or provide for the supervision of an expelled or suspended student who has been referred to the court by the school corporation in accordance with the terms of the agreement.

The agreement may require that a court do one (1) or more of the following:

(a) The agreement may require that a school corporation do one (1) or more of the following:

(b) If a school corporation enters into an agreement, the discipline rules adopted by the school corporation under IC 20-33-8-12 must specify the violations for which a student may be referred to the court under the agreement.

The agreement must provide how the expenses of supervising a student who has been suspended or expelled are funded. A school corporation may not be required to expend more than the foundation amount (as defined by IC 20-43-3-8) for each student referred under the agreement.

A student shall be given an informal hearing before the court, in a setting agreed upon by the court and the school system, as soon as practicable following the student's referral to the court, after notice of the hearing has been provided to the student's parent.

A hearing under this chapter is not a hearing to determine whether a student who has been suspended or expelled is a child in need of services. However, if a court determines that a student who has been suspended or expelled may:

A parent or guardian has the right to be present and may be required to be present during the student's appearance.

A student's appearance in court under this chapter shall not be used against the child or the child's parents or guardians in any subsequent court proceeding, including but not limited to any delinquency or child in need of services matter under IC 31.

This chapter does not deprive a child of any due process rights to which the child may be entitled.

A member of the administrative staff who, based on personal knowledge or on the report of another employee of the school corporation, believes that a person has committed a violation described in section 1 [IC 20-33-9-1] of this chapter or a delinquent act that would be a violation described in section 1 of this chapter if the violator were an adult in, on, or within one thousand (1,000) feet of the school property of the school corporation employing the member, shall immediately report:

in writing to a law enforcement officer.

An individual who has a duty under sections 10 through 12 [IC 20-33-9-10 through IC 20-33-9-12] of this chapter to report that a school employee may have received a threat or may be the victim of intimidation, battery, or harassment shall immediately make an oral report to the local law enforcement agency.

(a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:

commits a Level 6 felony.

(b) It is a defense to a prosecution under subsection (a) that:

(c) A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor.

(a) If a school corporation, including a school city (as defined in IC 20-25-2-12), establishes a school corporation police department, the governing body of the school corporation shall adopt a policy that requires every individual appointed as a school corporation police officer to complete training and education, approved by the state board, that will enable the school corporation police officer to appropriately deal with individuals with autism and Asperger's syndrome.

(b) This subsection applies to a regular or special police officer who is assigned as a security police officer for a school corporation under IC 36-8-3-7. The governing body of the school corporation to which the police officer is assigned shall ensure that the police officer receives training and education, approved by the state board, that will enable the police officer to appropriately deal with individuals with autism and Asperger's syndrome.

An individual appointed as a school corporation or charter school police officer must successfully complete at least:

(a) Notwithstanding section 4 [IC 20-26-16-4] of this chapter and IC 5-2-1-9, an individual appointed as a school corporation police officer before July 1, 2007, must complete, not later than July 1, 2010, at least:

(b) As set forth in IC 5-2-1-9, an individual appointed as a school corporation or charter school police officer may not:

(a) As used in this chapter, "school resource officer" means an individual who:

(b) Before being appointed as a school resource officer, an individual must have:

(c) Training described in subsection (b)(2) must include instruction regarding skills, tactics, and strategies necessary to address the special nature of:

Sec. 18.5. "School resource officer" has the meaning set forth in IC 20-26-18.2-1.

(a) The Indiana secured school fund is established to provide

(1) matching grants to school corporations, charter schools, and accredited nonpublic schools, where the matching grants may be used to:

(B) to employ a school resource officer or a law enforcement officer;

(D) implement a student and parent support services plan as described in IC 20-34-9;

(E) purchase or provide training for a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise provide protection for students and school employees and the canine shall:

(i) be primarily assigned to a school corporation, charter school, or accredited nonpublic school;

(ii) be primarily assigned to a school resource officer or law enforcement officer described in clause (A) who has received appropriate training for handling a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise provide protection for students and school employees, including training regarding handling a canine in a school setting; and

(iii) receive continuous training as appropriate;

(F) provide funding for school employees to receive training, including expenses for per diem, travel, and lodging, related to:

(i) site vulnerability assessments;

(ii) mental health or behavioral health threat assessments;

(iii) multi-disciplinary threat assessment teams; or

(iv) emergency preparedness or response activities;

(G) provide funding for school resource officers or law enforcement officers described in clause (A) to receive training, including expenses for per diem, travel, and lodging, related to handling a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise provide protection for students and school employees;

(H) purchase student safety management technology;

(I) design and construct additions or renovations on school property if the primary purpose of the construction project is to enhance the physical security of the school building; or

(J) implement a bullying prevention program; and (2) one (1) time grants to enable school corporations, charter schools, and accredited nonpublic schools with the sheriff for the county in which the school corporation, charter school, or accredited nonpublic school is located, to provide the initial set up costs for an active event warning system.

(b) A school corporation or charter school may use money received under a matching grant for a purpose listed in subsection (a) to provide a response to a threat in a manner that the school corporation or charter school sees fit, including firearms training or other self-defense training.

(c) The fund shall be administered by the department of homeland security.

(d) The fund consists of:

(e) The expenses of administering the fund shall be paid from money in the fund.

(f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

(a) The board may award a matching grant to enable a school corporation, charter school, or accredited nonpublic school (or a coalition of schools applying jointly) to 

(1) employ a school resource officer, employ a law enforcement officer, or enter into a contract or memorandum of understanding with a:

(A) local law enforcement agency;

(B) private entity; or

(C) nonprofit corporation; to employ a school resource officer or a law enforcement officer.

(2) conduct a site vulnerability assessment of the buildings within a school corporation or the buildings that are operated by a charter school or accredited nonpublic school;

(3) conduct critical incident digital mapping of the buildings within a school corporation or the buildings that are operated by a charter school or accredited nonpublic school;

(4) purchase equipment, hardware, materials, and technology to:

(A) restrict access to school property and classrooms;

(B) assist with visitor management on school property;

(C) expedite notification of first responders;

(D) expedite access to school property for first responders;

(E) provide staff with information about open or closed status of interior and exterior doors;

(F) detect fire, chemical, visual, or audible threats;

(G) enhance emergency communications inside the school building; or

(H) assist with emergency medical response on school property;

(5) implement a student and parent support services plan in the manner set forth in IC 20-34-9;

(6) purchase or provide training for a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise provide protection for students and school employees and the canine shall:

(A) be primarily assigned to a school corporation, charter school, or accredited nonpublic school;

(B) be primarily assigned to a school resource officer or law enforcement officer described in subdivision (1)(A) who has received appropriate training for handling a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise provide protection for students and school employees, including training regarding handling a canine in a school setting; and

(C) receive continuous training as appropriate;

(7) provide funding for:

(A) school employees to receive training, including expenses for per diem, travel, and lodging, related to:

(i) site vulnerability assessments;

(ii) mental health or behavioral health threat assessments;

(iii) multi-disciplinary threat assessment teams; or

(iv) emergency preparedness or response activities; or

(B) school resource officers or law enforcement officers described in subdivision (1)(A) to receive training, including expenses for per diem, travel, and lodging, related to handling a canine trained to detect drugs and illegal substances, explosives, or firearms, or to otherwise provide protection for students and school employees;

(8) design and construct additions or renovations on school property if the primary purpose of the construction project is to enhance the physical security of the school building;

(9) provide one (1) time grants to enable school corporations, charter schools, and accredited nonpublic schools with the sheriff for the county in which the school corporation, charter school, or accredited nonpublic school is located to provide the initial set up costs for an active event warning system;

(10) implement a bullying prevention program; or

(11) purchase student safety management technology;

in accordance with section 2(a) [IC 10-21-1-2(a)] of this chapter.

This chapter applies to a school corporation, including a school city (as defined in IC 20-25-2-12) and a charter school.

The governing body of a school corporation or charter school may establish a school corporation or charter school police department under this chapter.

The governing body of a school corporation or the equivalent for a charter school may do the following for the school corporation or charter school police department:

An individual appointed as a school corporation or charter school police officer must successfully complete at least:

(a) Notwithstanding section 4 [IC 20-26-16-4] of this chapter and IC 5-2-1-9, an individual appointed as a school corporation police officer before July 1, 2007, must complete, not later than July 1, 2010, at least:

(b) As set forth in IC 5-2-1-9, an individual appointed as a school corporation or charter school police officer may not:

unless the school corporation or charter school police officer successfully completes a pre-basic training course under IC 5-2-1-9(f).

(a) A school corporation or charter school police officer appointed under this chapter:

(b) School corporation or charter school police officers appointed under this chapter have general police powers, including the power to arrest, without process, all persons who within their view commit any offense. They have the same common law and statutory powers, privileges, and immunities as sheriffs and constables, except that they are empowered to serve civil process only to the extent authorized by the employing governing body or the equivalent for a charter school; however, any powers may be expressly forbidden them by the governing body (or the equivalent for a charter school) employing them. In addition to any other powers or duties, such police officers shall enforce and assist the educators and administrators of their school corporation or charter school in the enforcement of the rules and regulations of the school corporation or charter school and assist and cooperate with other law enforcement agencies and officers.

(c) Such police officers may exercise the powers granted under this section only upon any property owned, leased, or occupied by the school corporation or charter school, including the streets passing through and adjacent to the property. Additional jurisdiction may be established by agreement with the chief of police of the municipality or sheriff of the county or the appropriate law enforcement agency where the property is located, dependent upon the jurisdiction involved.

A school corporation police department established before July 1, 2007, shall be considered, after June 30, 2007, a school corporation police department established under this chapter.

(a) As used in this chapter, "school resource officer" means an individual who:

(b) Before being appointed as a school resource officer, an individual must have:

(c) Training described in subsection (b)(2) must include instruction regarding skills, tactics, and strategies necessary to address the special nature of:

(a) A school resource officer may be employed:

(b) A contract or memorandum of understanding entered into under subsection (a) must state the nature and scope of a school resource officer's duties and responsibilities. A school resource officer's duties and responsibilities include the duty to assist the school corporation's school safety specialist with the development and implementation of a school safety plan that does the following:

(c) A school resource officer shall consult with local law enforcement officials and first responders when assisting the school corporation's school safety specialist in the development of the school safety plan.

(d) A school resource officer shall participate in the development of programs designed to identify, assess, and provide assistance to troubled youth.

(e) A school resource officer may not be reassigned to other duties by the school corporation.

(a) A school resource officer may:

(b) A school resource officer has jurisdiction in every county where the school corporation or charter school engaging the officer operates a school or where the school corporation or charter school's students reside. This subsection does not restrict the jurisdiction that a school resource officer may possess due to the officer's employment by a law enforcement agency.

(a) Subject to subsections (c) and (d), money in the fund may be used only for the following purposes:

(b) Except as provided in IC 20-46-9-22, a school corporation may distribute, with the approval of the majority of members of the governing body, a portion of the proceeds of a tax levy collected under IC 20-46-9 that is deposited in the fund to a charter school, excluding a virtual charter school, that is located within the attendance area of the school corporation, to be used by the charter school for the purposes described in subsection (a).

(c) Expenditures paid using money collected from the levy shall be included in a school's safety plan.

(d) Local law enforcement shall participate in:

(e) Money in the fund may be transferred to the school corporation's education fund (IC 20-40-2), operations fund (IC 20-40-18), or school safety referendum debt service fund (IC 20-40-21), as applicable, to pay for expenditures listed in subsection (a).

(a) The Indiana secured school fund is established to provide 

(1) matching grants to school corporations, charter schools, and accredited nonpublic schools, where the matching grants may be used to:

(a) The board may award a matching grant to enable a school corporation, charter school, or accredited nonpublic school (or a coalition of schools applying jointly) to:

(2) conduct a site vulnerability assessment of the buildings within a school corporation or the buildings that are operated by a charter school or accredited nonpublic school in accordance with section 2(a) [IC 10-21-1-2(a)] of this chapter.

(c) This subsection applies to an application from a school each corporation, charter school, or accredited nonpublic school  (or coalition of public and accredited nonpublic schools applying jointly). Each school corporation, charter school, or accredited nonpublic school shall certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has:

(1) Conducted a site vulnerability assessment for each school building used by the school corporation, charter school, or accredited nonpublic school.

IC 10-21-1-10. School safety plan; requirements; withholding from public disclosure.

(a) A school corporation shall develop a school safety plan in accordance with subsection (c) for review as described in section 11 [IC 10-21-1-11] of this chapter.

(b) Each charter school shall develop a school safety plan in accordance with subsection (c) for review as described in section 11 of this chapter. A charter school in operation on July 1, 2023, shall comply with this subsection on or before July 1, 2024.

(c) The school safety plan:

(1) must be developed by a school safety specialist and the school’s safe school committee, including a school resource officer if one (1) is employed by the school corporation or charter school, in consultation with the:

(A) law enforcement agency; and

(B) fire department; 

that have jurisdiction over the particular school building;

(2) must:

(A) protect against outside and internal threats to the physical safety of students, faculty, staff, and the public, including unsafe conditions, crime prevention, school violence, bullying and cyberbullying, criminal organization activity, child abuse and child sexual abuse, mental health and behavioral health, suicide awareness and prevention, and other issues that prevent the maintenance of a safe school;

(B) prevent unauthorized access to school property and interior areas or rooms, including the management of authorized visitors on school property, before, during, and after regular school hours;

(C) secure schools against natural and manmade disasters, including all emergency preparedness drill requirements set forth in IC 20-34-3-20;

(D) include a site vulnerability assessment for each school building;

(E) not later than July 1, 2025, include the establishment of a multi-disciplinary threat assessment team;

(F) include measures to expedite notification of first responders and access to school property for first responders; and

(G) include any additional requirements required by the Indiana state board of education;

(3) must be provided to a member of the board if a member requests the school safety plan;

(4) must be available for inspection by the department of education’s division of school building physical security and safety (as established by IC 20-19-3-14);

(5) must be provided to the law enforcement agency and the fire department that have jurisdiction over the school corporation or charter school;

(6) must include an attestation that:

(A) a copy of the floor plans for each building located on the school’s property were provided to the law enforcement agency and the fire department that have jurisdiction over the school corporation or charter school that clearly indicates each entrance and exit, the interior rooms and hallways, and the location of any hazardous materials located in the building; or

(B) the school corporation or charter school has conducted critical incidence digital mapping for each school building within the school corporation or the buildings that are operated by a charter school, including providing the critical incidence digital mapping information to:

(i) the law enforcement agency and fire department that have jurisdiction over the mapped school buildings; and

(ii) the statewide 911 system described in IC 36-8-16.7-22 through the public safety answer point, or “PSAP”, described in IC 36-8-16.7-20 that has jurisdiction over the mapped school buildings; and

(7) must be filed with the county school safety commission under section 12 [IC 10-21-1-12] of this chapter having jurisdiction over the school corporation or charter school.

(d) For purposes of IC 5-14-3, the entities specified in subsection (c) that receive information under this section shall keep the information compiled and retained under this section confidential and shall withhold the information from public disclosure.

IC 10-21-1-14. Safe school committee establishment; school safety plan participation; school policy development.

(a) Each school operated by a school corporation shall establish a safe school committee. The committee may be a subcommittee of the committee that develops the strategic and continuous school improvement and achievement plan under IC 20-31-5. Each committee may include at least one (1) member who is a member of the support staff of the school or school corporation career and technical education school.

(b) Each school operated by a charter school shall establish a safe school committee. A charter school in operation on July 1, 2023, shall comply with this subsection not later than July 1, 2024.

(c) The safe school committee shall actively participate in and assist with the development of the school safety plan.

(d) The department of education, the school corporation’s or charter school’s school safety specialist or specialists, and a school resource officer, if one (1) is employed by the school corporation or charter school, shall provide materials and guidelines to assist a safe school committee in developing a policy for a particular school that addresses the following issues:

(1) Implementation of the school safety plan.

(2) Addressing outside and internal threats to the physical safety of students, faculty, staff, and the public, including unsafe conditions, crime prevention, school violence, bullying and cyberbullying, criminal organization activity, child abuse and child sexual abuse, mental health and behavioral health, suicide awareness and prevention, and other issues that prevent the maintenance of a safe school.

(a) Subject to subsections (c) and (d), money in the fund may be used only for the following purposes: