First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 404
AN ACT to amend the Indiana Code concerning higher education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 21-49-2 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]:
Chapter 2. Access to Transcripts
Sec. 1. (a) As used in this chapter, "debt" means any money,
obligation, claim, or sum due or owing or alleged to be due or
owing from a student.
(b) The term does not include the fee, if any, charged to all
students for the costs of providing a transcript or diploma.
Sec. 2. (a) As used in this chapter, "institution" means a:
(1) state educational institution; or
(2) private postsecondary educational institution operated for
profit in Indiana.
(b) The term does not include a nonprofit private postsecondary
educational institution.
Sec. 3. (a) As used in this chapter, "transcript" means the
statement of an individual's academic record provided by an
institution.
(b) The term includes the following:
(1) Official transcripts or the certified statement of an
individual's academic record.
(2) Unofficial transcripts or the uncertified statement of an
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individual's academic record.
Sec. 4. If a current or former student of an institution owes a
debt to the institution in an amount that is equal to or less than one
thousand dollars ($1,000), the institution may not:
(1) refuse to provide a transcript for a current or former
student of the institution on the grounds that the student owes
a debt to the institution;
(2) charge a higher fee for obtaining a transcript or provide
less favorable treatment of a request for a transcript of a
current or former student who owes a debt to the institution;
or
(3) withhold from a current or former student's transcript
any degrees earned on the grounds that the student owes a
debt to the institution;
if the student has paid to the institution in the past year at least one
hundred dollars ($100) or the total debt owed by the student,
whichever is less.
Sec. 5. If a current or former student of an institution owes a
debt to the institution in an amount that is more than one thousand
dollars ($1,000), the institution may not:
(1) refuse to provide a transcript for a current or former
student of the institution on the grounds that the student owes
a debt to the institution;
(2) charge a higher fee for obtaining a transcript or provide
less favorable treatment of a request for a transcript of a
current or former student who owes a debt to the institution;
or
(3) withhold from a current or former student's transcript
any degrees earned on the grounds that the student owes a
debt to the institution;
if the student has paid to the institution in the past year at least ten
percent (10%) of the total amount of the debt owed to the
institution or three hundred dollars ($300), whichever is less.
Sec. 6. (a) If an institution violates this chapter, a current or
former student who is:
(1) deprived of the student's transcript or diploma; or
(2) otherwise directly or indirectly injured;
as a result of the violation may bring a civil action against the
institution.
(b) The court may award to a student who prevails in an action
under this section any of the following:
(1) Injunctive relief.
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(2) Costs and reasonable attorney's fees.
SEA 404 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 404 — Concur