US Lawyer Database

20-20-40-6. “Positive Behavior Intervention and Support”

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 strategies to reinforce desired behavior and diminish reoccurrence of problem behavior; to achieve […]

20-20-40-7. “School Corporation”

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.

20-20-40-8. “School Employee”

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.

20-20-40-9. “Seclusion”

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 education program, in which an adult is continuously present […]

20-20-40-10. “Time-Out”

Sec. 10. As used in this chapter, “time-out” means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted. As added by P.L.122-2013, SEC.1.

20-20-40-11. Establishment of the Commission on Seclusion and Restraint

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 Society of Indiana, chosen by the organization, who serves […]

20-20-40-12. Chairperson; Meetings; Votes and Actions of the Commission

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 provide not less than fourteen (14) days notice […]

20-20-40-13.5. Written Explanation of Discrepancy by School

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 Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR […]

20-20-40-13.6. Review of Incident Reports; Commission Recommendations

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) The commission shall review summary findings submitted by the department […]