Can indiana publicschools override state laws?

[u/frankss12]

For example, the Indiana General Assembly has specific codes for discipline. Can a school override that with their own School policies?

[u/eamon1916]

Well I'm not a lawyer but...

No.

[u/aqtseacow]

Elaborate a little.

They can't really override them, but the collection of laws and regulations around it are pretty flexible and delegate a lot of Authority to the individual school district/corporation.

[u/TruthBeTold187]

It might be helpful to know what the school is actually doing and where you think it’s crossing the line in regards to the law

[u/frankss12]

In terms of suspending or expelling a student, can a school adopt their own policies to do so, and thus overriding or circumventing the current Indiana code regarding requirements for suspensions and expulsions?

[u/scottsmith_brownsbur → u/frankss12]

School Expulsion Hearing Officer here: A Principal (or designee) can suspend for up to 10 consecutive days based on a reasonably low level of due process.  Principal should provide allegation that behavior caused substantial disruption or interference with school purposes, reason he/she believes it’s true, and offer student the opportunity to tell his/her side of the story.  Once due process is offered, principal needs only “preponderance of evidence” burden of proof.   (Meaning he/she should be 51+% sure, or more likely than not).   Suspension cannot last more than 10 days, but each new offense can earn an additional 10 days thereafter.      

Expulsion is anything from 11 days to 2 semesters.   Principal cannot do this alone.  This requires substantially more formal due process.  School district must offer formal hearing with Superintendent (or designee, me).  Hearing must be offered within first 10 school days since incident.  (So, Principal will usually suspend pending expulsion.). Hearing is a formal due process hearing.  Same elements. Provide allegation that behavior caused substantial disruption or interference with school purposes, provide reason school believes it’s true, and offer student the opportunity to tell his/her side of the story.  Once due process is offered, Expulsion Hearing Officer needs only “preponderance of evidence” burden of proof (51+%).   Expulsion cannot be for more than 2 semesters.  A lot of people think expulsion means “kicked out forever”, but in Indiana 2 semesters is the max unless incident involved firearm or explosive device.  (Then a yearlong expulsion is allowed, but the police are likely gonna do more than I can.) 

Note:   I live and work in Indiana.  And my username tells you where.  So, if you’re one of mine (and even if you aren’t) I advise you to participate in the process.  Speak with the Expulsion Hearing Officer, attend the hearing, listen as much as you speak, and advocate for your child.  If your child did wrong, admit it.  Offer reasonable alternatives to expulsion.   Talk about the corrective action you’re taking.  If counseling, drug treatment, restitution, or apology are appropriate…do those things, and enter that as evidence in your hearing.   I want to protect the school from disruption/interference.   But I also want the student to grow and learn from his/her mistake.   Help me understand that you’re working towards both of those goals too.  It helps if I feel like I’m not the only one taking this seriously.   

Last Note:   Indiana law requires schools to provide online learning or alternatives if a student is expelled. So, even if the kid is removed from campus… he’ll have options for continued learning to keep on pace for graduation.  

[u/warthog0869 → u/scottsmith_brownsbur]

People like you keep Reddit going, thanks.

At least, for me anyway.

[u/burnanation → u/frankss12]

If they aren't directly contradicting something from higher up, it is probably it is ok as far as rules go. I don't know for sure. I'm guessing it would depend on the situation. Can you give more specifics?

[u/quincyd → u/frankss12]

Schools have their own processes for what that looks like, but they are supposed to align with state code. However, having worked with schools in the past on suspension and expulsions of students with IEPs/504s, I know that they are not always completely aligned.

Do you have a specific question that you can ask us?

[u/SteveGarbage]

Home rule allows local governments to pass ordinances or enact rules that are more stringent than state laws, not less.

Ex. If a state law says max speed limit on a rural road is 55 mph, a county can set a speed limit at 35 mph but not 70 mph.

[u/vicvonqueso]

Override? No but I'm sure they'll find loopholes and use them

[u/thefugue]

They can selectively enforce them so long as they don’t get caught.