1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1105 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 20-33-2; IC 22-4.1-18. |
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7 | 7 | | Synopsis: Education matters. Sets forth certain requirements for a |
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8 | 8 | | student to withdraw from school. Provides a specified exception to the |
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9 | 9 | | information required in an official high school transcript. Provides that |
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10 | 10 | | an individual less than 18 years of age may participate in the Indiana |
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11 | 11 | | high school equivalency testing program (testing program) if the |
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12 | 12 | | individual receives a recommendation from a specified individual. |
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13 | 13 | | Prohibits the department of education from requiring certain students |
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14 | 14 | | to attend an exit interview to participate in the testing program. |
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15 | 15 | | Effective: July 1, 2024. |
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16 | 16 | | Davis |
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17 | 17 | | January 8, 2024, read first time and referred to Committee on Education. |
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18 | 18 | | 2024 IN 1105—LS 6535/DI 152 Introduced |
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19 | 19 | | Second Regular Session of the 123rd General Assembly (2024) |
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20 | 20 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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21 | 21 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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22 | 22 | | additions will appear in this style type, and deletions will appear in this style type. |
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23 | 23 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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24 | 24 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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25 | 25 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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26 | 26 | | a new provision to the Indiana Code or the Indiana Constitution. |
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27 | 27 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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28 | 28 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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29 | 29 | | HOUSE BILL No. 1105 |
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30 | 30 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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31 | 31 | | education. |
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32 | 32 | | Be it enacted by the General Assembly of the State of Indiana: |
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33 | 33 | | 1 SECTION 1. IC 20-33-2-9, AS AMENDED BY P.L.233-2015, |
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34 | 34 | | 2 SECTION 247, IS AMENDED TO READ AS FOLLOWS |
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35 | 35 | | 3 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The governing body of each |
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36 | 36 | | 4 school corporation shall designate the appropriate individuals to attend |
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37 | 37 | | 5 the exit interviews for students described in section 6(3) of this chapter. |
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38 | 38 | | 6 (b) A student who is at least sixteen (16) years of age but less than |
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39 | 39 | | 7 eighteen (18) years of age is bound by the requirements of compulsory |
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40 | 40 | | 8 school attendance and may not withdraw from school before graduation |
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41 | 41 | | 9 unless: |
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42 | 42 | | 10 (1) the student, the student's parent and the principal agree to the |
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43 | 43 | | 11 provides written consent for the student's withdrawal; and |
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44 | 44 | | 12 (2) the student provides written acknowledgment of the |
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45 | 45 | | 13 withdrawal that meets the requirements of subsection (c) and the: |
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46 | 46 | | 14 (A) student's parent; and |
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47 | 47 | | 15 (B) school principal; |
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48 | 48 | | 16 each provide written consent for the student to withdraw from |
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49 | 49 | | 17 school; and |
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50 | 50 | | 2024 IN 1105—LS 6535/DI 152 2 |
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51 | 51 | | 1 (3) (2) the withdrawal is due to: |
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52 | 52 | | 2 (A) financial hardship and the individual must be employed to |
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53 | 53 | | 3 support the individual's family or a dependent; |
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54 | 54 | | 4 (B) illness; or |
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55 | 55 | | 5 (C) an order by a court that has jurisdiction over the student; |
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56 | 56 | | 6 or |
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57 | 57 | | 7 (D) any other reason to be determined by the student's |
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58 | 58 | | 8 parent to be in the best interest of the student. |
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59 | 59 | | 9 (c) A written acknowledgment of withdrawal under subsection (b) |
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60 | 60 | | 10 must include a statement that the student and the student's parent |
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61 | 61 | | 11 understand that withdrawing from school is likely to: |
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62 | 62 | | 12 (1) reduce the student's future earnings; and |
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63 | 63 | | 13 (2) increase the student's likelihood of being unemployed in the |
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64 | 64 | | 14 future. |
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65 | 65 | | 15 SECTION 2. IC 20-33-2-13, AS AMENDED BY P.L.160-2023, |
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66 | 66 | | 16 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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67 | 67 | | 17 JULY 1, 2024]: Sec. 13. A school corporation shall record or include |
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68 | 68 | | 18 the following information in the official high school transcript for a |
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69 | 69 | | 19 student in high school: |
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70 | 70 | | 20 (1) Attendance records. |
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71 | 71 | | 21 (2) The student's latest statewide assessment program test results, |
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72 | 72 | | 22 except for test results from an exam described in |
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73 | 73 | | 23 IC 20-32-5.1-7(d). |
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74 | 74 | | 24 (3) Any secondary level and postsecondary level certificates of |
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75 | 75 | | 25 achievement earned by the student. |
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76 | 76 | | 26 (4) Any dual credit courses taken that are included in the core |
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77 | 77 | | 27 transfer library under IC 21-42-5-4. |
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78 | 78 | | 28 SECTION 3. IC 20-33-2-28.5, AS AMENDED BY P.L.147-2020, |
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79 | 79 | | 29 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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80 | 80 | | 30 JULY 1, 2024]: Sec. 28.5. (a) This section applies to an individual: |
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81 | 81 | | 31 (1) who: |
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82 | 82 | | 32 (A) attends or last attended a public school; |
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83 | 83 | | 33 (B) is at least sixteen (16) years of age but less than eighteen |
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84 | 84 | | 34 (18) years of age; and |
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85 | 85 | | 35 (C) has not completed the requirements for graduation; |
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86 | 86 | | 36 (2) who: |
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87 | 87 | | 37 (A) wishes to withdraw from school before graduation; |
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88 | 88 | | 38 (B) fails to return at the beginning of a semester; or |
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89 | 89 | | 39 (C) stops attending school during a semester; and |
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90 | 90 | | 40 (3) who has no record of transfer to another school. |
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91 | 91 | | 41 (b) An individual to whom this section applies may withdraw from |
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92 | 92 | | 42 school only if all of the following conditions are met: |
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93 | 93 | | 2024 IN 1105—LS 6535/DI 152 3 |
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94 | 94 | | 1 (1) An exit interview is conducted. |
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95 | 95 | | 2 (2) The individual's parent consents provides written consent to |
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96 | 96 | | 3 the withdrawal. |
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97 | 97 | | 4 (3) The school principal approves of the withdrawal. |
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98 | 98 | | 5 (4) (3) The withdrawal is due to: |
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99 | 99 | | 6 (A) financial hardship and the individual must be employed to |
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100 | 100 | | 7 support the individual's family or a dependent; |
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101 | 101 | | 8 (B) illness; or |
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102 | 102 | | 9 (C) an order by a court that has jurisdiction over the child; or |
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103 | 103 | | 10 (D) any other reason to be determined by the student's |
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104 | 104 | | 11 parent to be in the best interest of the student. |
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105 | 105 | | 12 During the exit interview, the school principal shall provide to the |
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106 | 106 | | 13 student and the student's parent a copy of statistics compiled by the |
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107 | 107 | | 14 department concerning the likely consequences of life without a high |
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108 | 108 | | 15 school diploma. The school principal shall advise the student and the |
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109 | 109 | | 16 student's parent that the student's withdrawal from school may prevent |
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110 | 110 | | 17 the student from receiving or result in the revocation of the student's |
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111 | 111 | | 18 employment certificate and driver's license or learner's permit. |
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112 | 112 | | 19 (c) For purposes of this section, the following must be in written |
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113 | 113 | | 20 form: |
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114 | 114 | | 21 (1) An individual's request to withdraw from school. |
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115 | 115 | | 22 (2) A parent's consent to a withdrawal. |
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116 | 116 | | 23 (3) A principal's consent to a withdrawal. |
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117 | 117 | | 24 (d) If the individual's principal does not consent to the individual's |
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118 | 118 | | 25 withdrawal under this section, the individual's parent may appeal the |
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119 | 119 | | 26 denial of consent to the governing body of the public school that the |
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120 | 120 | | 27 individual last attended. |
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121 | 121 | | 28 (e) (c) Each public school, including each school corporation and |
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122 | 122 | | 29 each charter school (as defined in IC 20-24-1-4), shall provide an |
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123 | 123 | | 30 annual report to the department setting forth the following information: |
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124 | 124 | | 31 (1) The total number of individuals: |
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125 | 125 | | 32 (A) who withdrew from school under this section; and |
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126 | 126 | | 33 (B) who either: |
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127 | 127 | | 34 (i) failed to return to school at the beginning of a semester; |
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128 | 128 | | 35 or |
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129 | 129 | | 36 (ii) stopped attending school during a semester; |
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130 | 130 | | 37 and for whom there is no record of transfer to another school. |
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131 | 131 | | 38 (2) The number of individuals who withdrew from school |
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132 | 132 | | 39 following an exit interview. |
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133 | 133 | | 40 (f) (d) If an individual to which this section applies: |
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134 | 134 | | 41 (1) has not received consent to withdraw withdrawn from school |
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135 | 135 | | 42 under in accordance with this section; and |
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136 | 136 | | 2024 IN 1105—LS 6535/DI 152 4 |
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137 | 137 | | 1 (2) fails to return to school at the beginning of a semester or |
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138 | 138 | | 2 during the semester; |
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139 | 139 | | 3 the principal of the school that the individual last attended may deliver |
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140 | 140 | | 4 by certified mail or personal delivery to the bureau of youth |
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141 | 141 | | 5 employment a record of the individual's failure to return to school so |
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142 | 142 | | 6 that the bureau of youth employment revokes any employment |
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143 | 143 | | 7 certificates issued under IC 22-2-18 (before its expiration on June 30, |
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144 | 144 | | 8 2021) to the individual and does not issue any additional employment |
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145 | 145 | | 9 certificates to the individual. For purposes of IC 22-2-18-20 (before its |
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146 | 146 | | 10 expiration on June 30, 2021), the individual shall be considered a |
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147 | 147 | | 11 dropout. |
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148 | 148 | | 12 (g) (e) At the same time that a school principal delivers the record |
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149 | 149 | | 13 under subsection (f), (d), the principal may deliver by certified mail or |
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150 | 150 | | 14 personal delivery to the bureau of motor vehicles a record of the |
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151 | 151 | | 15 individual's failure to return to school so that the bureau of motor |
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152 | 152 | | 16 vehicles revokes any driver's license or learner's permit issued to the |
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153 | 153 | | 17 individual and does not issue any additional driver's licenses or |
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154 | 154 | | 18 learner's permits to the individual before the individual is at least |
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155 | 155 | | 19 eighteen (18) years of age. For purposes of IC 9-24-2-1, the individual |
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156 | 156 | | 20 shall be considered a dropout. |
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157 | 157 | | 21 (h) (f) If: |
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158 | 158 | | 22 (1) a principal has delivered the record required described under |
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159 | 159 | | 23 subsection (f) (d) or (g), (e), or both; and |
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160 | 160 | | 24 (2) the school subsequently gives consent to the individual |
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161 | 161 | | 25 subsequently complies with the requirements to withdraw from |
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162 | 162 | | 26 school under this section; |
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163 | 163 | | 27 the principal of the school shall send a notice of withdrawal to the |
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164 | 164 | | 28 bureau of youth employment and the bureau of motor vehicles by |
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165 | 165 | | 29 certified mail or personal delivery and, for purposes of IC 22-2-18-20 |
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166 | 166 | | 30 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual |
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167 | 167 | | 31 shall no longer be considered a dropout. |
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168 | 168 | | 32 SECTION 4. IC 20-33-2-28.6, AS AMENDED BY P.L.147-2020, |
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169 | 169 | | 33 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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170 | 170 | | 34 JULY 1, 2024]: Sec. 28.6. (a) This section applies to a high school |
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171 | 171 | | 35 student who is transferring to a nonaccredited nonpublic school. |
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172 | 172 | | 36 (b) Before a student withdraws from a public school, the principal |
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173 | 173 | | 37 of the student's school shall provide to the student and to the student's |
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174 | 174 | | 38 parent information on a form developed by the department and |
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175 | 175 | | 39 approved by the state board that explains the legal requirements of |
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176 | 176 | | 40 attending a nonaccredited nonpublic school located in Indiana. The |
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177 | 177 | | 41 principal and a parent of the student shall both sign the form to |
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178 | 178 | | 42 acknowledge that the parent understands the content of the form. |
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179 | 179 | | 2024 IN 1105—LS 6535/DI 152 5 |
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180 | 180 | | 1 (c) If the parent of the student refuses to sign the form provided by |
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181 | 181 | | 2 the principal under subsection (b), the student is considered a dropout |
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182 | 182 | | 3 and the principal may report the student to the bureau of motor vehicles |
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183 | 183 | | 4 for action under section 28.5(g) 28.5(e) of this chapter. The student is |
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184 | 184 | | 5 considered a dropout for purposes of calculating a high school's |
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185 | 185 | | 6 graduation rate under IC 20-26-13-10. |
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186 | 186 | | 7 (d) A student or a parent of a student described in subsection (a) |
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187 | 187 | | 8 may not be required to attend an exit interview or meeting for the |
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188 | 188 | | 9 student to transfer to a nonaccredited nonpublic school. |
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189 | 189 | | 10 SECTION 5. IC 22-4.1-18-1, AS AMENDED BY P.L.228-2017, |
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190 | 190 | | 11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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191 | 191 | | 12 JULY 1, 2024]: Sec. 1. This chapter applies to an individual who is: |
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192 | 192 | | 13 (1) at least eighteen (18) years of age; or |
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193 | 193 | | 14 (2) less than eighteen (18) years of age, if at least one (1) of the |
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194 | 194 | | 15 following applies: |
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195 | 195 | | 16 (A) a superintendent (as defined in IC 20-18-2-21) or |
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196 | 196 | | 17 principal, or the superintendent's or principal's designee, |
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197 | 197 | | 18 recommends that the individual participate in the testing |
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198 | 198 | | 19 program. The individual: |
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199 | 199 | | 20 (i) attends a school maintained by a school corporation |
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200 | 200 | | 21 or charter school; and |
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201 | 201 | | 22 (ii) receives a recommendation from the superintendent |
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202 | 202 | | 23 of the school corporation or principal of the school, or |
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203 | 203 | | 24 the superintendent's or principal's designee, to |
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204 | 204 | | 25 participate in the testing program. |
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205 | 205 | | 26 (B) The individual: |
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206 | 206 | | 27 (i) attends a nonpublic school that has at least one (1) |
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207 | 207 | | 28 employee; and |
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208 | 208 | | 29 (ii) receives a recommendation from the principal of the |
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209 | 209 | | 30 nonpublic school, or the principal's designee, to |
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210 | 210 | | 31 participate in the testing program. |
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211 | 211 | | 32 (C) The individual: |
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212 | 212 | | 33 (i) attends a nonaccredited nonpublic school that has less |
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213 | 213 | | 34 than one (1) employee; and |
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214 | 214 | | 35 (ii) receives a recommendation from the individual's |
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215 | 215 | | 36 parent or guardian that the individual participate in the |
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216 | 216 | | 37 testing program. |
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217 | 217 | | 38 (D) A judge recommends the individual participate in the |
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218 | 218 | | 39 testing program. |
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219 | 219 | | 40 SECTION 6. IC 22-4.1-18-4.5 IS ADDED TO THE INDIANA |
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220 | 220 | | 41 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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221 | 221 | | 42 [EFFECTIVE JULY 1, 2024]: Sec. 4.5. The department may not |
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222 | 222 | | 2024 IN 1105—LS 6535/DI 152 6 |
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223 | 223 | | 1 require an individual who attends a nonaccredited nonpublic |
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224 | 224 | | 2 school that has less than one (1) employee to attend an exit |
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225 | 225 | | 3 interview to participate in the testing program. |
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226 | 226 | | 2024 IN 1105—LS 6535/DI 152 |
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