Sec. 9. (a) This section applies to an individual who:

(1) is a teacher or other school staff member; and

Terms Used In Indiana Code 20-33-8-9

  • educational function: means the performance by a school corporation or its officers or employees of an act or a series of acts in carrying out school purposes. See Indiana Code 20-33-8-2
  • principal: includes a principal's designee. See Indiana Code 20-33-8-1
  • suspension: means any disciplinary action that does not constitute an expulsion under section 3 of this chapter, whereby a student is separated from school attendance for a period of not more than ten (10) school days. See Indiana Code 20-33-8-7
(2) has students under the individual’s charge.

     (b) An individual may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.

     (c) Subject to rules of the governing body and the administrative staff, an individual may remove a student for a period that does not exceed five (5) school days from an educational function supervised by the individual or another individual who is a teacher or other school staff member.

     (d) If an individual removes a student from a class under subsection (c), the principal may place the student in another appropriate class or placement or into inschool suspension. The principal may not return the student to the class from which the student was removed until the principal has met with the student, the student’s teacher, and the student’s parents to determine an appropriate behavior plan for the student. If the student’s parents do not meet with the principal and the student’s teacher within a reasonable amount of time, the student may be moved to another class at the principal’s discretion.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-4.]

As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009, SEC.13.