Indiana Code 20-33-8-16. Possession of firearms, deadly weapons, or destructive devices
(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.
Terms Used In Indiana Code 20-33-8-16
- expulsion: means a disciplinary or other action whereby a student:
Indiana Code 20-33-8-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- school property: means the following:
Indiana Code 20-33-8-5
- superintendent: includes a superintendent's designee. See Indiana Code 20-33-8-6
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.