January 25, 2010





HOUSE BILL No. 1168

_____


DIGEST OF HB 1168 (Updated January 13, 2010 3:24 pm - DI 109)



Citations Affected: IC 20-26.

Synopsis: High school athletics. Provides that the case review panel that hears cases relating to disputes over the application or interpretation of rules governing interscholastic high school athletics may take action by the affirmative vote of a majority of the panel members present at a meeting if a quorum of the panel is present. (Under current law, an action of the panel requires the vote of five of the nine members of the panel.) Provides that a parent may take legal action regarding a dispute over the application or interpretation of the rules only after the panel has issued a decision on the case. Requires the panel to issue a written decision on a case not later than 14 days after the panel hears the case. Provides that a parent who disagrees with the panel's decision may file a legal action to review the panel's decision not later than 45 days after the panel issues its decision. Makes other changes.

Effective: July 1, 2010.





Grubb, Turner, Porter




    January 7, 2010, read first time and referred to Committee on Education.
    January 25, 2010, reported _ Do Pass.






January 25, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1168



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-26-14-5.5; (10)HB1168.1.1. -->     SECTION 1. IC 20-26-14-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.5. (a) Not later than five (5) business days after the association makes a decision concerning the application or interpretation of a rule of the association to an individual student, the association shall notify the following of the association's decision:
        (1) The student's parent.
        (2) The panel.
    (b) In its notice to the parent under subsection (a)(1), the association shall include information about the process under this chapter for appealing the association's decision.
    (c) The association shall conduct its investigation, review, and decision making in an expeditious manner.

SOURCE: IC 20-26-14-6; (10)HB1168.1.2. -->     SECTION 2. IC 20-26-14-6, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The association must establish a case review

panel that meets the following requirements:
        (1) The panel has nine (9) members.
        (2) The state superintendent or the state superintendent's designee is a member of the panel and is the chairperson of the panel.
        (3) The state superintendent appoints as members of the panel persons having the following qualifications:
            (A) Four (4) parents of high school students.
            (B) Two (2) high school principals.
            (C) Two (2) high school athletic directors.
        (4) A member of the panel serves for a four (4) year term, subject to the following:
            (A) An appointee who ceases to meet the member's qualification under subdivision (3) ceases to be a member of the panel.
            (B) The state superintendent shall appoint fifty percent (50%) of the initial appointees under each clause in subdivision (3) for terms of two (2) years, so that terms of the panel are staggered.
        (5) The panel must meet monthly, unless there are no cases before the panel. The panel may meet more frequently at the call of the chairperson. However, the chairperson must call a meeting within five (5) business days after the panel receives a case in which time is a factor in relation to the scheduling of an athletic competition.
        (6) A quorum of the panel is five (5) members. The affirmative vote of five (5) members of a majority of the panel members present at a meeting at which a quorum is present is required for the panel to take action.
    (b) A student's parent who disagrees with a decision of the association concerning the application or interpretation of a rule of the association to the student shall have the right to do one (1) of the following:
        (1) Accept the decision.
        (2) Take legal action without first referring the case to the panel.
        (3) (2) Refer the case to the panel. The parent must refer the case to the panel not later than thirty (30) days after the date of the association's decision.
    (c) Upon receipt of After a case is referred under subsection (b)(2), the panel must do the following:
        (1) Collect testimony and information on the case, including testimony and information from both the association and the parent.


        (2) Place the case on the panel's agenda and consider the case at a meeting of the panel.
        (3) Make Not later than fourteen (14) days after the meeting at which the panel considers the case, issue a written decision that does one (1) of the following: decisions:
            (A) Uphold Upholds the association's decision on the case.
            (B) Modify Modifies the association's decision on the case.
            (C) Nullify Nullifies the association's decision on the case.
    (d) Subject to section 7 of this chapter, the association must implement the decision of the panel on each case. However, a decision of the panel:
        (1) applies only to the case before the panel; and
        (2) does not affect any rule of the association or decision under any rule concerning any student other than the student whose parent referred the case to the panel.
    (e) The association shall pay all costs attributable to the operation of the panel, including travel and per diem for panel members.
SOURCE: IC 20-26-14-7; (10)HB1168.1.3. -->     SECTION 3. IC 20-26-14-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) If the association or the parent who referred a case to the panel under section 6(b)(2) of this chapter disagrees with the decision of the panel, the association or the parent may file a legal action to review the panel's decision.
    (b) An action must be filed under subsection (a) with a court with jurisdiction not later than forty-five (45) days after the panel issues its decision under section 6(c) of this chapter.
    (c) In an action brought under this section by a parent who disagrees with a decision of the panel, the court may reverse the panel's decision if the court, upon its own review of the facts and issues involved in the decision and the applicable rule of the association, determines that the decision of the panel, or the decision of the association upheld by the panel, is:
        (1) not a fair and logical interpretation or application of the association's rule;
        (2) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
        (3) contrary to a constitutional right, power, privilege, or immunity;
        (4) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
        (5) without observance of procedure required by law; or
        (6) unsupported by substantial evidence.
    (d) The court reviewing a panel decision under this section may do any of the following:
        (1) Affirm the panel's decision.
        (2) Modify the panel's decision.
        (3) Reverse the panel's decision and remand the action to the panel for action directed by the court.