Sec. 16. (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 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to school or on school property; or
(2) in possession of a firearm or destructive device on school property;
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:
(1) identified as bringing a deadly weapon to school or on school property; or
(2) in possession of a deadly weapon on school property;
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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-10.]
As added by P.L.1-2005, SEC.17. Amended by P.L.114-2012, SEC.42; P.L.233-2015, SEC.261.
Structure Indiana Code
Article 33. Students: General Provisions
20-33-8-2. "Educational Function"
20-33-8-6. "Superintendent" Includes Superintendent's Designee
20-33-8-8. Duty and Powers of School Corporation to Supervise and Discipline Students
20-33-8-9. Disciplinary Powers of Teachers and School Staff Members
20-33-8-10. Disciplinary Powers of Principals
20-33-8-11. Disciplinary Powers of Superintendents and Administrative Staff Members
20-33-8-13. Possession and Self-Administration of Medication Permitted
20-33-8-13.5. Discipline Rules Prohibiting Bullying Required
20-33-8-14. Grounds for Suspension or Expulsion
20-33-8-15. Unlawful Activity by Student
20-33-8-16. Possession of Firearms, Deadly Weapons, or Destructive Devices
20-33-8-17. Student's Legal Settlement Not in Attendance Area
20-33-8-18. Maximum Term of Suspension; Procedure; Student Assignments
20-33-8-19. Expulsion Procedure; Appeals; Preparation of List
20-33-8-21. Scope of Judicial Review
20-33-8-22. Effectiveness of Statute During Judicial Review
20-33-8-23. Suspension Pending Expulsion Decision
20-33-8-24. Requirements for Reenrollment After Expulsion
20-33-8-25. Additional Disciplinary Actions Authorized
20-33-8-27. Supplemental Procedures Authorized
20-33-8-31. Effect of Suspension or Expulsion on Compulsory Attendance Laws
20-33-8-33. Submission of Information to Bureau of Motor Vehicles
20-33-8-34. Disciplinary Action for Students With Disabilities