Indiana School Discipline Laws & Regulations: Alternative placements

Discipline Compendium

Indiana School Discipline Laws & Regulations: Alternative placements

Category: Exclusionary Discipline: Suspension, Expulsion, and Alternative Placement
Subcategory: Alternative placements
State: Indiana

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LAWS

IC 20-30-8-1. "Alternative education program".

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:

(1) an alternative education program described in section 5(a)(1) [IC 20-30-8-5(a)(1)] of this chapter; or

(2) an area alternative education program described in section 5(a)(2) [IC 20-30-8-5(a)(2)] of this chapter.

IC 20-30-8-10. Criteria for placement of students in program.

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

(1) The student intends to withdraw or has withdrawn from school before graduation.

(2) The student has been identified as a student who:

(A) has failed to comply academically; and

(B) would benefit from instruction offered in a manner different from the manner of instruction available in a traditional school.

(3) The student is a parent or an expectant parent and is unable to regularly attend the traditional school program.

(4) The student is employed and the employment:

(A) is necessary for the support of the student or the student's immediate family; and

(B) interferes with a part of the student's instructional day.

(5) The student is a disruptive student.

IC 20-30-8-13. Department to encourage and assist in establishing program; program for chronically disruptive students.

(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.

IC 20-33-8-24. Requirements for reenrollment after expulsion.

(a) This section applies to a student who:

(1) is at least sixteen (16) years of age; and

(2) wishes to reenroll after an expulsion.

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

(1) An alternative school or alternative educational program.

(2) Evening classes.

(3) Classes established for students who are at least sixteen (16) years of age.

IC 20-33-8-25. Additional disciplinary actions authorized.

(a) This section applies to an individual who:

(1) is a member of the administrative staff, a teacher, or other school staff member; and

(2) has students under the individual's charge.

(b) An individual may take disciplinary action instead of or in addition to suspension and expulsion that is necessary to ensure a safe, orderly, and effective educational environment. Disciplinary action under this section may include the following:

(7) Removal of a student by a teacher from that teacher's class for a period not to exceed:

(A) five (5) class periods for middle, junior high, or high school students; or

(B) one (1) school day for elementary school students;

if the student is assigned regular or additional school work to complete in another school setting.

(8) Assignment by the principal of:

(A) a special course of study;

(B) an alternative educational program; or

(C) an alternative school.

IC 20-33-8-31. Effect of suspension or expulsion on compulsory attendance laws.

(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:

(1) IC 20-33-2; or

(2) any other statute relating to compulsory school attendance.

(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:

(1) an alternative education program in the county or in a county immediately adjacent to the county containing the school corporation from which the student was expelled; or

(2) a virtual charter school;

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.

REGULATIONS

No relevant regulations found.

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