Indiana Code

Ind. Code § 20-33-8-8 (2026)

Duty and powers of school corporation to supervise and discipline students

✓ current as of May 2026

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Sec. 8. (a) Student supervision and the desirable behavior of students in carrying out school purposes is the responsibility of:

(1) a school corporation; and

(2) the students of a school corporation.

(b) In all matters relating to the discipline and conduct of students, school corporation personnel:

(1) stand in the relation of parents to the students of the school corporation;

(2) have the right to take any disciplinary action necessary to promote student conduct that conforms with an orderly and effective educational system, subject to this chapter; and

(3) have qualified immunity with respect to a disciplinary action taken to promote student conduct under subdivision (2) if the action is taken in good faith and is reasonable.

(1) follow responsible directions of school personnel in all educational settings; and

(2) refrain from disruptive behavior that interferes with the educational environment.

(d) In accordance with subsection (b), a school corporation may adopt a policy concerning student dress code or distractive behavior.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-0.5.]

As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009, SEC.12; P.L.188-2023, SEC.4.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2006–2024 · leading case: Fort Wayne Cmty. Schs. & Jacalyn Butler v. Steffanie Haney, for next friend & minor daughter, M.H., 94 N.E.3d 325 (Ind. Ct. App. 2018).

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Fort Wayne Cmty. Schs. & Jacalyn Butler v. Steffanie Haney, for next friend & minor daughter, M.H., 94 N.E.3d 325 (Ind. Ct. App. 2018). · cites it 27× “State Law Battery Claim against FWCS [8] FWCS argues that the state law claims against it are barred because Butler's actions were permissible and protected by qualified immunity under Indiana Code section 20-33-8-8. [9] Section 20-33-8-8 states: (a) Student supervision and the…”

State v. Fettig, 884 N.E.2d 341 (Ind. Ct. App. 2008). · cites it 4× “I.C. § 20-33-8-8(b). Further, Indiana Code section 20-33-8-9 provides that teachers "may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.”

Littleton v. State, 954 N.E.2d 1070 (Ind. Ct. App. 2011). · cites it 7× “I.C. § 20-33-8-8. Our statutes further provide that a teacher or other school staff member “may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.”

S.B. v. Seymour Cmty. Schs., 97 N.E.3d 288 (Ind. Ct. App. 2018). · cites it 2× “*294 [17] SCS stands in loco parentis to the children within its schools while they are there. Indeed, its petition expressly declared that it sought the order for protection on behalf of its students.”

Doe v. Lafayette Sch. Corp., 846 N.E.2d 691 (Ind. Ct. App. 2006). “…to explicitly define the duties a school corporation owes to its students, beyond the general duties laid out in 1.C. § 20-33-8-8.”

Katrina Murray & Aquila F. Flynn, as Co-Pers. Representatives of the Est. of Jaylan T. R. Murray v. Indianapolis Pub. Schs. & Arlington Cmty. High Sch., 116 N.E.3d 525 (Ind. Ct. App. 2018). · cites it 2× “Failure to Supervise and Monitor [16] In their Complaint, Appellants contend that the School breached its duty by "failing to properly supervise and monitor their students during school hours" in accordance with Indiana Code section 20-33-8-8. (Appellants' App. Vol.”

Barocas v. State, 949 N.E.2d 1256 (Ind. Ct. App. 2011). · cites it 2× “Ind.Code § 20-33-8-8(b). Moreover, in addition to the presumption of innocence shared by all criminal defendants, we presume teachers do their duty when punishing a student.”

Larosa Asekere v. State (Ga. Ct. App. 2024). “ersed the partial denial of a teacher’s and school district’s motion for summary judgment in a suit alleging battery against a minor student on the ground that even though the teacher spanked the student in an attempt to redirect the student to her seat, the teacher’s conduct in…”

— Ind. Code § 20-33-8-8(b) — 3 cases

Fort Wayne Cmty. Schs. & Jacalyn Butler v. Steffanie Haney, for next friend & minor daughter, M.H., 94 N.E.3d 325 (Ind. Ct. App. 2018). “State Law Battery Claim against FWCS [8] FWCS argues that the state law claims against it are barred because Butler's actions were permissible and protected by qualified immunity under Indiana Code section 20-33-8-8. [9] Section 20-33-8-8 states: (a) Student supervision and the…”

State v. Fettig, 884 N.E.2d 341 (Ind. Ct. App. 2008). “I.C. § 20-33-8-8(b). Further, Indiana Code section 20-33-8-9 provides that teachers "may take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that the individual supervises.”

Barocas v. State, 949 N.E.2d 1256 (Ind. Ct. App. 2011). “Ind.Code § 20-33-8-8(b). Moreover, in addition to the presumption of innocence shared by all criminal defendants, we presume teachers do their duty when punishing a student.”

— Ind. Code § 20-33-8-8(b)(1) — 1 case

— Ind. Code § 20-33-8-8(b)(2) — 1 case

— Ind. Code § 20-33-8-8(b)(3) — 1 case

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