Sec. 20. (a) Except as provided in section 16 of this chapter, a student may not be expelled for a longer period than the remainder of the school year in which the expulsion took effect if the misconduct occurs during the first semester. If a student is expelled during the second semester, the expulsion remains in effect for summer school and may remain in effect for the first semester of the following school year, unless otherwise modified or terminated by order of the governing body. The appropriate authorities may require that a student who is at least sixteen (16) years of age and who wishes to reenroll after an expulsion or an exclusion attend an alternative program.

     (b) An expulsion that takes effect more than three (3) weeks before the beginning of the second semester of a school year must be reviewed before the beginning of the second semester. The review:

Terms Used In Indiana Code 20-33-8-20

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • expulsion: means a disciplinary or other action whereby a student:

    Indiana Code 20-33-8-3

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
(1) shall be conducted by the superintendent or an individual designated under section 19(a) of this chapter after notice of the review has been given to the student and the student’s parent;

(2) is limited to newly discovered evidence or evidence of changes in the student’s circumstances occurring since the original meeting; and

(3) may lead to a recommendation by the person conducting the review that the student be reinstated for the second semester.

     (c) An expulsion that will remain in effect during the first semester of the following school year must be reviewed before the beginning of the school year. The review:

(1) shall be conducted by the superintendent or an individual designated under section 19(a) of this chapter after notice of the review has been given to the student and the student’s parent;

(2) is limited to newly discovered evidence or evidence of changes in the student’s circumstances occurring since the original meeting; and

(3) may lead to a recommendation by the individual conducting the review that the student be reinstated for the upcoming school year.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-14.]

As added by P.L.1-2005, SEC.17.

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