Indiana - Bullying Harassment and Intimidation Policy: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law requires districts to adopt comprehensive anti-bullying policies addressing all U.S. Department of Education-recommended policy requirements.

Indiana Code 20-33-8-12 Adoption of discipline rules; publicity requirement; discipline policy regulations and guidelines; delegation of authority; rulemaking powers of governing body

(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) timetables for reporting of bullying incidents to the parents of both the targeted student and the bully, in an expedited manner;
      • (iv) 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;
      • (v) discipline provisions for teachers, school staff, or school administrators who fail to initiate or conduct an investigation of a bullying incident; and
      • (vi) discipline provisions for false reporting of bullying; and
    • (C) a detailed procedure outlining the use of follow-up services that includes:
      • (i) support services for the victim; and
      • (ii) bullying education for the bully.

(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; or
  • (3) computer network.

(d) 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.

(e) 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.

(f) The department shall periodically review each policy adopted under this section to ensure the policy’s compliance with this section.


Indiana Code 20-33-8-12 Adoption of discipline rules; publicity requirement; discipline policy regulations and guidelines; delegation of authority; rulemaking powers of governing body

(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) timetables for reporting of bullying incidents to the parents of both the targeted student and the bully, in an expedited manner;
      • (iv) 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;
      • (v) discipline provisions for teachers, school staff, or school administrators who fail to initiate or conduct an investigation of a bullying incident; and
      • (vi) discipline provisions for false reporting of bullying; and
    • (C) a detailed procedure outlining the use of follow-up services that includes:
      • (i) support services for the victim; and
      • (ii) bullying education for the bully.

(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; or
  • (3) computer network.

(d) 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.

(e) 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.

(f) The department shall periodically review each policy adopted under this section to ensure the policy’s compliance with this section.

Policy Links: