Suspended or bullied in an Indiana school: what the state actually requires

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A ninth grader in Evansville gets called to the office on a Tuesday and told she is suspended for three days. A seventh grader in Gary has been shoved in the hallway for a month and finally tells a teacher. Both moments are covered by specific Indiana rules, and both students have more say than they probably think. The Indiana Department of Education (IDOE) is the state agency that oversees schools, and much of what follows comes from its own published guidance.

Who has to be in school, and until when

Indiana's compulsory attendance law (the rule that makes school mandatory) starts with the school year in which a child turns 7 and runs until the student graduates or turns 18. IDOE's own attendance FAQ spells this out and cites the statute, Indiana Code 20-33-2-6.

The exit at 16 is narrower than many families assume. A student who is 16 or 17 cannot simply withdraw before graduating. IDOE lists only three reasons Indiana allows: financial hardship where the student must work to support the family or a dependent, illness, or an order from a court that has authority over that student. Any other 'dropping out' at 16 is not a legal withdrawal; the school will treat it as truancy (unexcused absence from mandatory school).

Suspension and expulsion: the meeting you are owed

Two words matter here. A suspension is a short removal from school. An expulsion is a long one that can run for months. The U.S. Supreme Court set the national floor in Goss v. Lopez (1975): before even a short suspension of up to ten days, a public school must tell the student what they are accused of and give them a chance to tell their side. That applies in every Indiana school.

Indiana adds a formal step for expulsion. IDOE's attendance FAQ states that a school may not expel, exclude, or withdraw a student without giving that student the chance to take part in an expulsion meeting, and it cites Indiana Code 20-33-8-19. At that meeting the school presents its reasons and the student and family respond. Ask for the meeting. You are allowed to.

One example: if a school claims a student does not legally live in the district (the law calls this 'legal settlement'), IDOE says the school cannot suspend the student while the expulsion meeting is pending, and an expulsion on that ground can be appealed to the Indiana State Board of Education. We could not confirm from an official page the exact day limits on suspensions or the maximum length of an expulsion in Indiana, so read your school corporation's written discipline policy or call IDOE.

Bullying: every Indiana school must count it and report it

Indiana's Student Safety Reporting law, Indiana Code 20-34-6-1, requires every school corporation to report its bullying and student-arrest numbers for each school to IDOE by July 1 every year. IDOE publishes those reports online by school year, so a family in Gary or Bloomington can look up what their own school reported.

What this means for a student: a bullying report is not a favor the school does for you. It is a record the school is required by state law to keep. When you report, ask the adult to write it down and ask which category the school is using (IDOE publishes its bullying definitions and categories on the same page). Then ask what happens next and when.

If the bullying is about what you said or wore, Tinker v. Des Moines (1969) matters too: students keep their First Amendment rights at school unless the speech substantially disrupts class, so a school cannot punish peaceful expression like an armband. We could not confirm whether Indiana has a student-press law or a CROWN Act on hair discrimination, so do not assume either exists here.

Where to take a complaint

Importante

Start in writing with the principal, then the superintendent of your school corporation (Indiana's name for a school district). Ask the office for the corporation's written discipline policy and its appeal steps.

For state-level help, the Indiana Department of Education's website at in.gov/doe lists the State Attendance Officer's forms, including a Request for State Board Appeal form, and the Student Safety/Bullying Reporting page. If the problem is enrollment, attendance, or a legal-settlement expulsion, the State Board of Education appeal is the official route. If you believe the discipline was because of race, disability, sex, or language, you can also file with the U.S. Department of Education's Office for Civil Rights, a federal office.

A student with an IEP or 504 plan (a written plan for a disability) has extra federal protections before a long removal. Say so at the very first meeting.

Lembre-se disto

School is mandatory in Indiana from the year you turn 7 until 18 or graduation; at 16 or 17 you can only withdraw for hardship, illness, or a court order.
Before any suspension you get notice and a chance to respond (Goss v. Lopez); before an expulsion Indiana requires an expulsion meeting.
Every Indiana school corporation must report bullying numbers to IDOE by July 1, and the reports are public.
Appeal locally first, then use IDOE's State Board Appeal form or the federal Office for Civil Rights.

Fontes

Este artigo traz informações educativas gerais, não aconselhamento jurídico individual. A KidsKnowRights não é um escritório de advocacia, e ler este artigo não cria uma relação advogado-cliente. As leis variam de acordo com o estado, a idade e as circunstâncias, e mudam com o tempo. Para receber orientação sobre uma situação real, fale com um advogado licenciado ou com uma organização de assistência jurídica gratuita.