Section 20-33-8-16 - Possession of firearms, deadly weapons, or destructive devices(a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.(b) As used in this section, "deadly weapon" has the meaning set forth in IC 35-31.5-2-86. The term does not include a firearm or destructive device.(c) As used in this section, "destructive device" has the meaning set forth in IC 35-47.5-2-4.(d) Notwithstanding section 20 of this chapter, a student who is: (1) identified as bringing a firearm or destructive device to school or on school property; or(2) in possession of a firearm or destructive device on school property; must be expelled for at least one (1) calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period.
(e) The superintendent may, on a case by case basis, modify the period of expulsion under subsection (d) for a student who is expelled under this section.(f) Notwithstanding section 20 of this chapter, a student who is: (1) identified as bringing a deadly weapon to school or on school property; or(2) in possession of a deadly weapon on school property; may be expelled for not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shall immediately notify the appropriate law enforcement agency having jurisdiction over the property where the school is located if a student engages in a behavior described in subsection (d). The superintendent may give similar notice if the student engages in a behavior described in subsection (f). Upon receiving notification under this subsection, the law enforcement agency shall begin an investigation and take appropriate action.(h) A student with a disability (as defined in IC 20-35-1-8 ) who possesses a firearm on school property is subject to procedural safeguards under 20 U.S.C. 1415.Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-10.
Amended by P.L. 233-2015, SEC. 261, eff. 7/1/2015.Amended by P.L. 114-2012, SEC. 42, eff. 7/1/2012.As added by P.L. 1-2005, SEC.17.