2023 Indiana Code › Title 20. Education › Article 33. Students: General Provisions › Chapter 8. Student Discipline › 20-33-8-13.5. Discipline Rules Prohibiting Bullying Required

Sec. 13.5. (a) Discipline rules adopted by the governing body of a school corporation under section 12 of this chapter must:
(1) prohibit bullying; and
(2) include:
(A) provisions concerning education, parental involvement, and intervention;
(B) a detailed procedure for the expedited investigation of incidents of bullying that includes:
(i) appropriate responses to bullying behaviors, wherever the behaviors occur;
(ii) provisions for anonymous and personal reporting of bullying to a teacher or other school staff;
(iii) provisions that require a school to prioritize the safety of the victim;
(iv) timetables for reporting of bullying incidents to the parents of both the targeted student and the alleged perpetrator in an expedited manner that is not later than five (5) business days after the incident is reported;
(v) timetables for reporting of bullying incidents to school counselors, school administrators, the superintendent, or law enforcement, if it is determined that reporting the bullying incident to law enforcement is necessary;
(vi) discipline provisions for teachers, school staff, or school administrators who fail to initiate or conduct an investigation of a bullying incident; and
(vii) discipline provisions for false reporting of bullying; and
(C) a detailed procedure outlining the use of follow-up services that includes:
(i) support services for the victim; and
(ii) bullying education for the alleged perpetrator.
(b) The discipline rules described in subsection (a) may be applied regardless of the physical location in which the bullying behavior occurred, whenever:
(1) the individual committing the bullying behavior and any of the intended targets of the bullying behavior are students attending a school within a school corporation; and
(2) disciplinary action is reasonably necessary to avoid substantial interference with school discipline or prevent an unreasonable threat to the rights of others to a safe and peaceful learning environment.
(c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or computer software that is accessed through a:
(1) computer;
(2) computer system;
(3) computer network; or
(4) cellular telephone or other wireless or cellular communications device.
(d) The discipline rules described in subsection (a) must include policies to allow a parent of a child in the school corporation to review any materials used in any bullying prevention or suicide prevention program.
(e) The discipline rules described in subsection (a) may include provisions to determine:
(1) the severity of an incident of bullying; and
(2) whether an incident of bullying may warrant the transfer of the victim or the alleged perpetrator to another school in the school corporation.
(f) This section may not be construed to give rise to a cause of action against a person or school corporation based on an allegation of noncompliance with this section. Noncompliance with this section may not be used as evidence against a school corporation in a cause of action.
(g) A record made of an investigation, a disciplinary action, or a follow-up action performed under rules adopted under this section is not a public record under IC 5-14-3.
(h) The department shall periodically review each policy adopted under this section to ensure the policy's compliance with this section.
As added by P.L.106-2005, SEC.7. Amended by P.L.180-2011, SEC.2; P.L.285-2013, SEC.6; P.L.211-2018(ss), SEC.9; P.L.238-2023, SEC.1.