Indiana - Disciplinary Due Process: Program Requirement

Area: 
Program Requirement
Policy Type: 
Statute
Summary: 

State law provides comprehensive assurances of due process for students facing disciplinary action.

Indiana Code 20-33-8-19 Expulsion procedure; appeals

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

  • (1) Legal counsel.
  • (2) A member of the administrative staff if the member:
    • (A) has not expelled the student during the current school year; and
    • (B) was not involved in the events giving rise to the expulsion.
      The superintendent or a person designated under this subsection may issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at 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:

  • (1) be made by certified mail or by personal delivery;
  • (2) contain the reasons for the expulsion; and
  • (3) contain the procedure for requesting an expulsion meeting.

(c) The individual conducting an expulsion meeting:

  • (1) shall make a written summary of the evidence heard at the expulsion meeting;
  • (2) may take action that the individual finds appropriate; and
  • (3) must give notice of the action taken under subdivision (2) to the student and the student’s parent.

(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:

  • (1) shall hold a meeting to consider:
    • (A) the written summary of evidence prepared under subsection (c) (1); and
    • (B) the arguments of the principal and the student or the student’s parent;
  • (2) unless the governing body has voted under subsection (f) not to hear appeals of actions taken under subsection (c); and
    may take action that the governing body finds appropriate.
    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.

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