Title 20, TITLE 20. EDUCATION
368 chapters · 3,520 sections in this title.
Ind. Code § 20-20-40-1 "Behavioral intervention plan"
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Sec. 1. As used in this chapter, "behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-9-3) and incorporated into a student's individualized education program (as defined in IC 20-18-2-9) and that describes the fo…
Ind. Code § 20-20-40-11 Establishment of the commission on seclusion and restraint
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Sec. 11. (a) The commission on seclusion and restraint in schools is established. (b) The commission has the following ten (10) members: (1) The designee of the secretary of education, who serves at the pleasure of the secretary of education. (2) A representative of the Autism So…
Ind. Code § 20-20-40-12 Chairperson; meetings; votes and actions of the commission
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Sec. 12. (a) The designee of the secretary of education under section 11(b)(1) of this chapter serves as chairperson of the commission. (b) The commission shall meet at least annually on the call of the chairperson, and may meet as often as is necessary. The chairperson shall pro…
Ind. Code § 20-20-40-13 Duties; rules; notice requirement; training; elements of the
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restraint and seclusion plan Sec. 13. (a) The commission has the following duties: (1) To adopt rules concerning the following: (A) The use of restraint and seclusion in a school corporation or a state accredited nonpublic school, with an emphasis on eliminating or minimizing the…
Ind. Code § 20-20-40-13.5 Written explanation of discrepancy by school
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Sec. 13.5. If the department has been advised of a discrepancy in a report under section 13(a)(3) of this chapter, the department shall require the school to provide a written explanation of the discrepancy to the department which must comply with the federal Family Educational R…
Ind. Code § 20-20-40-13.6 Review of incident reports; commission recommendations
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Sec. 13.6. (a) The department shall review incident reports under rules established by the commission under IC 4-22-2 and submit summary findings to the commission in compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99). (b) T…
Ind. Code § 20-20-40-14 Adoption of restraint and seclusion plan; submission of plans
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Sec. 14. (a) A school corporation or state accredited nonpublic school shall adopt a restraint and seclusion plan that incorporates, at a minimum, the elements of the model plan developed under section 13 of this chapter. The school corporation's or state accredited nonpublic sch…
Ind. Code § 20-20-40-15 Immunity
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Sec. 15. (a) Nothing in this chapter may be construed to prevent a school employee from stopping a physical altercation, acting to prevent physical harm to a student or another individual, or acting to address an emergency until the emergency is over, whether or not the school em…
Ind. Code § 20-20-40-16 Rulemaking
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Sec. 16. (a) The commission: (1) shall adopt rules under IC 4-22-2; and (2) may adopt emergency rules in the manner provided under IC 4-22-2-37.1; to carry out the purposes of this chapter. (b) An emergency rule adopted under subsection (a)(2) expires on the earlier of: (1) Novem…
Ind. Code § 20-20-40-2 "Chemical restraint"
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Sec. 2. As used in this chapter, "chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment and dosage for the student's medical or psychiatric condition. As add…
Ind. Code § 20-20-40-3 "Commission"
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Sec. 3. As used in this chapter, "commission" refers to the commission on seclusion and restraint in schools established by section 11 of this chapter. As added by P.L.122-2013, SEC.1.
Ind. Code § 20-20-40-4 "Mechanical restraint"
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Sec. 4. (a) As used in this chapter, "mechanical restraint" means the use of: (1) a mechanical device; (2) a material; or (3) equipment; attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the studen…
Ind. Code § 20-20-40-5 "Physical restraint"
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Sec. 5. (a) As used in this chapter, "physical restraint" means physical contact between a school employee and a student: (1) in which the student unwillingly participates; and (2) that involves the use of a manual hold to restrict freedom of movement of all or part of a student'…
Ind. Code § 20-20-40-6 "Positive behavior intervention and support"
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Sec. 6. As used in this chapter, "positive behavior intervention and support" means a systematic approach that: (1) uses evidence based practices and data driven decision making to improve school climate and culture; and (2) includes a range of systematic and individualized strat…
Ind. Code § 20-20-40-7 "School corporation"
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Sec. 7. As used in this chapter, "school corporation" includes a charter school that is not a virtual charter school. As added by P.L.122-2013, SEC.1.
Ind. Code § 20-20-40-8 "School employee"
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Sec. 8. As used in this chapter, "school employee" means an individual employed by a school corporation or a state accredited nonpublic school. As added by P.L.122-2013, SEC.1. Amended by P.L.92-2020, SEC.20.
Ind. Code § 20-20-40-9 "Seclusion"
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Sec. 9. As used in this chapter, "seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's individualized educ…