Indiana School Discipline Laws & Regulations: Bullying, Harassment, or Hazing

Indiana School Discipline Laws & Regulations: Bullying, Harassment, or Hazing

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Bullying, Harassment, or Hazing
State: Indiana

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Indiana

LAWS

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.

(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

(3) Addressing the professional development needs for faculty and staff to implement methods that decrease problems identified under subdivision (2).

(4) Identifying and implementing methods to encourage:

(A) involvement by the community, families, and students;

(B) development of relationships between students and school faculty and staff; and

(e) The guidelines developed under subsection (d) must include age appropriate, research based information that assists school corporations or charter schools and safe school committees in:

(1) developing and implementing bullying and cyberbullying prevention programs;

(2) establishing investigation and reporting procedures related to bullying and cyberbullying; and

(3) adopting discipline rules that comply with IC 20-33-8-13.5.

(f) In addition to developing guidelines under subsection (d), the department of education shall establish categories of types of bullying incidents to allow school corporations to use the categories in making reports under IC 20-20-8-8 and IC 20-34-6-1.

IC 20-19-3-11.5. Cyberbullying resources.

(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:

(1) computer;

(2) computer system;

(3) computer network; or

(4) cellular telephone or other wireless or cellular communications device.

(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):

(1) The state board.

(2) A school corporation.

IC 20-26-5-32. Involvement of parents with discipline plan; department’s model discipline plan.

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

(1) develop; and

(2) review periodically;

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:

(1) reduce out-of-school suspension and disproportionality in discipline and expulsion;

(2) limit referrals to law enforcement and arrests on school property to cases in which referral to law enforcement or arrest is necessary to protect the health and safety of students or school employees; and

(3) include policies to address instances of bullying and cyberbullying on school property of a school corporation.

IC 20-26-5-34.2. Bullying prevention; training for employees and volunteers.

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.

IC 20-30-5-5.5. Bullying prevention; student instruction.

(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.

IC 20-33-8-0.2. "Bullying".

(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:

(1) places the targeted student in reasonable fear of harm to the targeted student's person or property;

(2) has a substantially detrimental effect on the targeted student's physical or mental health;

(3) has the effect of substantially interfering with the targeted student's academic performance; or

(4) has the effect of substantially interfering with the targeted student's ability to participate in or benefit from the services, activities, and privileges provided by the school.

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

(1) Participating in a religious event.

(2) Acting in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial danger.

(3) Participating in an activity consisting of the exercise of a student's rights protected under the First Amendment to the United States Constitution or Article I, Section 31 of the Constitution of the State of Indiana, or both.

(4) Participating in an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults.

(5) Participating in an activity undertaken at the prior written direction of the student's parent.

(6) Engaging in interstate or international travel from a location outside Indiana to another location outside Indiana.

IC 20-33-8-13.5. Discipline rules prohibiting bullying required.

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

(1) prohibit bullying; and

(2) include:

(A) provisions concerning education, parental involvement, and intervention;

(B) a detailed procedure for the expedited investigation of incidents of bullying that includes:

(i) appropriate responses to bullying behaviors, wherever the behaviors occur;

(ii) provisions for anonymous and personal reporting of bullying to a teacher or other school staff;

(iii) provisions that require a school to prioritize the safety of the victim;

(iv) timetables for reporting of bullying incidents to the parents of both the targeted student and the alleged perpetrator, in an expedited manner that is not later than five (5) business days after the incident is reported;

(v) timetables for reporting of bullying incidents to school counselors, school administrators, the superintendent, or law enforcement, if it is determined that reporting the bullying incident to law enforcement is necessary;

(vi) discipline provisions for teachers, school staff, or school administrators who fail to initiate or conduct an investigation of a bullying incident; and

(vii) discipline provisions for false reporting of bullying; and

(i) support services for the victim; and

(ii) bullying education for the alleged perpetrator.

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

(1) the individual committing the bullying behavior and any of the intended targets of the bullying behavior are students attending a school within a school corporation; and

(2) disciplinary action is reasonably necessary to avoid substantial interference with school discipline or prevent an unreasonable threat to the rights of others to a safe and peaceful learning environment.

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

(1) computer;

(2) computer system;

(3) computer network; or

(4) cellular telephone or other wireless or cellular communications device.

(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.

IC 20-33-9-12. Relief of obligation to report.

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.

IC 20-34-6-1. School corporation reports; department reports.

(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:

(8) The number of reported bullying incidents involving a student of the school corporation by category. However, nothing in this subdivision may be construed to require all bullying incidents to be reported to a law enforcement agency.

IC 20-34-6-2. Notice of reporting requirements; audits.

(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:

(1) the school corporation's obligation to report bullying incidents under section 1(a)(8) [IC 20-34-6-1(a)(8)] of this chapter; and

(2) that the department may conduct an audit of a school corporation under subsection (b) to ensure the school corporation's compliance with the requirements of section 1(a)(8) of this chapter.

(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.

IC 20-40-20-6. Uses of money in the fund; distributions to a charter school.

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

(8) To establish and administer programs to address youth specific mental illness, addiction, anger management, bullying, and school violence.

IC 35-42-2-2.5. Hazing; good faith reporting.

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

(1) with or without the consent of the other person; and

(2) as a condition of association with a group or organization;

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:

(1) makes a report of hazing in good faith;

(2) participates in good faith in a judicial proceeding resulting from a report of hazing;

(3) employs a reporting or participating person described in subdivision (1) or (2); or

(4) supervises a reporting or participating person described in subdivision (1) or (2);

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:

(1) an offense under this section; or

(2) a delinquent act that would be an offense under this section if the offender were an adult.

REGULATIONS

No relevant regulations found.