*ES0282.1*
February 27, 2024
ENGROSSED
SENATE BILL No. 282
_____
DIGEST OF SB 282 (Updated February 27, 2024 12:25 pm - DI 152)
Citations Affected: IC 20-18; IC 20-26; IC 20-33; IC 21-39;
IC 22-14; noncode.
Synopsis: Various education matters. Requires a principal of a school
maintained by a school corporation to provide certain written
communications if the principal determines an allegation made by a
parent or student alleging a school employee engaged in misconduct
with, or pertaining to, a student is unsubstantiated or is dismissed.
Provides that a prosecuting attorney shall notify a parent of a child
when an affidavit is filed regarding the child's compulsory attendance
(Continued next page)
Effective: July 1, 2024.
Donato, Rogers, Raatz, Alexander,
Crider, Johnson T, Deery, Dernulc,
Leising, Buchanan, Garten
(HOUSE SPONSORS — CARBAUGH, TESHKA, MCGUIRE, JORDAN)
January 16, 2024, read first time and referred to Committee on Education and Career
Development.
February 1, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, ordered engrossed. Engrossed.
February 6, 2024, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Education.
February 27, 2024, amended, reported — Do Pass.
ES 282—LS 6915/DI 148 Digest Continued
violations or if the child is a habitual truant. Amends the duties of an
attendance officer and the state attendance officer. Requires, not later
than November 1 of each year, the state attendance officer to submit a
report to the legislative council containing recommended legislation
based on the state attendance officer's discussions with attendance
officers. Requires the governing authority of a school corporation to
establish a truancy prevention policy regarding certain students in
kindergarten through grade 6. Requires the governing authority of a
school corporation to establish written discipline rules that include a
policy that a student who is a habitual truant may not participate in
extracurricular or co-curricular activities or programs. Provides that a
state educational institution (institution) must implement a policy to
publish information concerning any act of hazing committed by a
member of a group or organization that is adjudicated by the
institution. Requires an institution to publish a public report concerning
certain information about an investigation that results in a finding that
hazing was committed. Specifies what an institution is required to
publish on a website in connection with the public report concerning
hazing. Allows an individual who is at least 16 years of age to enroll in
and attend a training program for certification as a Firefighter I,
Firefighter II, or emergency medical technician. Provides that a literacy
achievement grant is not subject to collective bargaining.
ES 282—LS 6915/DI 148ES 282—LS 6915/DI 148 February 27, 2024
Second Regular Session of the 123rd General Assembly (2024)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 282
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-18-2-26.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 26.5. "Truancy prevention
4 measure" means an action designed to:
5 (1) address truancy before a child becomes a habitual truant;
6 and
7 (2) minimize the need for:
8 (A) referrals to a voluntary truancy prevention program;
9 or
10 (B) reports to a juvenile court.
11 SECTION 2. IC 20-26-5-42.4 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 42.4. (a) As used in this section,
14 "principal" means a principal of a school maintained by a school
15 corporation.
16 (b) As used in this section, "school" means a school maintained
17 by a school corporation.
ES 282—LS 6915/DI 148 2
1 (c) As used in the section, "student" means a student enrolled in
2 a school maintained by a school corporation.
3 (d) If a student or a parent of a student makes an allegation that
4 a school employee engaged in misconduct with, or pertaining to, a
5 student and the principal determines that the allegation is
6 unsubstantiated or the allegation is dismissed, then the school
7 employee is entitled to certain communications as described in
8 subsection (e).
9 (e) If an allegation against a school employee is determined to
10 be unsubstantiated or dismissed as described in subsection (d), the
11 principal shall do the following:
12 (1) Provide a written statement to the school employee stating
13 that the principal determined the allegation is unsubstantiated
14 or that the allegation is dismissed.
15 (2) Provide written notice to the student, if the student is an
16 emancipated minor, or the parent of the student who made an
17 allegation, stating that the allegation is unsubstantiated or
18 that the allegation is dismissed. The written notice must
19 provide that the school corporation intends to take no further
20 action on the allegation.
21 (3) Provide written notice, separate from the notice described
22 in subdivision (2), to the student, if the student is an
23 emancipated minor, or to the parent of the student who made
24 an allegation informing the individual of the following
25 potential sanctions in the event a second unsubstantiated or
26 dismissed allegation occurs within one (1) school year:
27 (A) It is within the principal's discretion to relocate, or not
28 relocate, the student to another classroom.
29 (B) The parent may be restricted from attending after
30 school activities, including athletic or academic activities,
31 for a period of up to six (6) months.
32 SECTION 3. IC 20-33-2-26, AS AMENDED BY P.L.34-2008,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 26. (a) It is the duty of each:
35 (1) superintendent;
36 (2) attendance officer;
37 (3) state attendance official;
38 (4) security police officer appointed under IC 36-8-3-7; and
39 (5) school corporation police officer appointed under
40 IC 20-26-16;
41 to enforce this chapter in their respective jurisdictions and to execute
42 the affidavits authorized under this section. The duty is several, and the
ES 282—LS 6915/DI 148 3
1 failure of one (1) or more to act does not excuse another official from
2 the obligation to enforce this chapter. The duty includes reporting to
3 the prosecuting attorney that a child is a habitual truant (as
4 defined by IC 20-18-2-6.5).
5 (b) An affidavit:
6 (1) against a parent for a violation of this chapter; and
7 (2) concerning a child being a habitual truant (as defined by
8 IC 20-18-2-6.5);
9 shall be prepared and filed in the same manner and under the procedure
10 prescribed for filing affidavits for the prosecution of public offenses.
11 (c) An affidavit under this section shall be filed in a court with
12 jurisdiction in the county in which the affected child resides.
13 (d) The prosecuting attorney shall notify each parent of an
14 affidavit described in subsection (b) when the affidavit is filed
15 under this section.
16 (e) The prosecuting attorney shall file and prosecute actions under
17 this section as in other criminal cases.
18 (f) The court shall promptly hear cases brought under this section.
19 SECTION 4. IC 20-33-2-39, AS ADDED BY P.L.1-2005,
20 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 39. An attendance officer has the following duties:
22 (1) To serve subject to the rules, direction, and control of the
23 superintendent in the attendance officer's attendance district.
24 (2) To maintain an office at a place designated by the
25 superintendent.
26 (3) To be on duty during school hours and at other times as the
27 superintendent may request.
28 (4) To keep records and make reports as required by the state
29 board.
30 (5) To visit the homes of children who are absent from school or
31 who are reported to be in need of books, clothing, or parental
32 care.
33 (6) Whenever the superintendent directs or approves it, to bring
34 suit to enforce any provision of this chapter that is being violated.
35 (7) To serve written notice on any parent whose child is out of
36 school illegally.
37 (8) To visit factories where children are employed.
38 (9) To implement the truancy prevention measures required
39 under IC 20-33-2.5.
40 (10) To meet at least one (1) time each year with the state
41 attendance officer to:
42 (A) review data, policies, and procedures; and
ES 282—LS 6915/DI 148 4
1 (B) discuss recommending to the legislative council under
2 section 43 of this chapter legislation to deter absenteeism
3 and to promote school attendance.
4 The meeting with the state attendance officer may be
5 conducted in person, virtually, or both.
6 (9) (11) To perform other duties necessary for complete
7 enforcement of this chapter and IC 20-33-2.5.
8 SECTION 5. IC 20-33-2-42, AS AMENDED BY P.L.43-2021,
9 SECTION 110, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 42. The secretary of education
11 shall:
12 (1) prescribe duties for the state attendance officer not provided
13 by law;
14 (2) design and require use of a system of attendance reports,
15 records, and forms necessary for the enforcement of this chapter;
16 and
17 (3) establish guidance regarding truancy prevention policies
18 adopted by governing authorities in accordance with
19 IC 20-33-2.5; and
20 (3) (4) perform all other duties necessary for the complete
21 enforcement of this chapter.
22 SECTION 6. IC 20-33-2-43, AS AMENDED BY P.L.43-2021,
23 SECTION 111, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2024]: Sec. 43. (a) The secretary of education
25 shall appoint a state attendance officer. The state attendance officer
26 serves at the pleasure of the secretary of education and may be removed
27 by the secretary of education at any time.
28 (b) The state attendance officer shall:
29 (1) exercise general supervision over the attendance officers of
30 Indiana;
31 (2) visit the various attendance districts throughout Indiana;
32 (3) inspect the work of the attendance officers; and
33 (4) investigate the manner in which this chapter is being enforced.
34 (c) The state attendance officer may initiate court action whenever
35 necessary for the enforcement of this chapter.
36 (d) The state attendance officer shall meet at least one (1) time
37 each year with all attendance officers to:
38 (1) review data, policies, and procedures; and
39 (2) discuss recommending to the legislative council legislation
40 to deter absenteeism and to promote school attendance.
41 (e) Not later than November 1 of each year, the state attendance
42 officer shall submit a report to the legislative council containing
ES 282—LS 6915/DI 148 5
1 recommended legislation based on the state attendance officer's
2 discussions with attendance officers under subsection (d) and
3 section 39 of this chapter. A report required by this subsection
4 must be submitted in an electronic format under IC 5-14-6.
5 SECTION 7. IC 20-33-2.5 IS ADDED TO THE INDIANA CODE
6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]:
8 Chapter 2.5. Truancy Prevention Policy
9 Sec. 1. As used in this chapter, "absent student" means a
10 student who:
11 (1) is enrolled in a school in kindergarten through grade 6;
12 and
13 (2) is absent from school five (5) days within a ten (10) week
14 period without being:
15 (A) excused;
16 (B) absent under a parental request that has been filed
17 with the school; or
18 (C) absent in conformity with a note on file from the
19 student's doctor, therapist, or other professional
20 requesting frequent absences be excused under the
21 student's:
22 (i) individualized education program;
23 (ii) service plan developed under 511 IAC 7-34;
24 (iii) choice scholarship education plan developed under
25 511 IAC 7-49; or
26 (iv) plan developed under Section 504 of the federal
27 Rehabilitation Act of 1973, 29 U.S.C. 794.
28 Sec. 2. As used in this chapter, "governing authority" refers to
29 the governing body of a school corporation.
30 Sec. 3. As used in this chapter, "school" refers to a public
31 school.
32 Sec. 4. A governing authority of a school shall adopt a truancy
33 prevention policy regarding absent students that includes the
34 following:
35 (1) A school shall immediately provide written notification to
36 the parent of an absent student that includes the following
37 information:
38 (A) That the student is an absent student based on the
39 student's school attendance.
40 (B) That the parent is responsible for:
41 (i) monitoring the absent student's school attendance;
42 and
ES 282—LS 6915/DI 148 6
1 (ii) ensuring the absent student attends school in
2 accordance with compulsory attendance laws.
3 (C) That the school will be initiating truancy prevention
4 measures regarding the absent student.
5 (D) That the parent is required to attend an attendance
6 conference regarding the truancy prevention measures
7 that the school will be implementing for the absent student.
8 (E) That, if the student meets the requirements of a
9 habitual truant, the:
10 (i) superintendent or attendance officer of the school is
11 required to report the student to an intake officer of the
12 juvenile court or the department of child services in
13 accordance with IC 20-33-2-25;
14 (ii) juvenile court may determine that the student is
15 committing a delinquent act as provided under
16 IC 31-37-2-3; and
17 (iii) parent of the student may be subject to prosecution
18 under IC 35-46-1-4.
19 (2) A school shall hold an attendance conference with the
20 following individuals to discuss the student's absences and
21 establish a plan for the student to prevent future absences:
22 (A) A representative of the school.
23 (B) A teacher of the student.
24 (C) The student's parent.
25 (D) At the request of the student's parent, a representative
26 of the parent's choosing who may provide insight into the
27 student's absenteeism.
28 (3) A school shall establish a plan under subdivision (2) that
29 includes the following:
30 (A) Any wrap around services that are able to be provided
31 to the absent student to ensure the absent student attends
32 school.
33 (B) A specific description of the behavior that is required
34 or prohibited for the absent student.
35 (C) The period for which the plan will be effective, not to
36 exceed forty-five (45) instructional days after the date the
37 plan is established.
38 (D) Any additional disciplinary action the school will take
39 if the absent student does not comply with the plan.
40 (E) If applicable, a referral to counseling, mentoring, or
41 other services for the student.
42 (F) If applicable, whether a parent is expected to attend the
ES 282—LS 6915/DI 148 7
1 counseling, mentoring, or other services under clause (E)
2 with the student.
3 (G) To the extent possible, the signature of the parent of
4 the student agreeing to comply with the plan.
5 (4) A school shall offer additional counseling or services to an
6 absent student if the school determines that the student's
7 absences are related to any of the following:
8 (A) The student's pregnancy.
9 (B) That the student is in foster care (as defined in
10 IC 31-9-2-46.7).
11 (C) That the student is homeless.
12 (D) That the student has a severe or life threatening illness
13 or related treatment.
14 Sec. 5. A school shall hold an attendance conference described
15 in section 4(2) of this chapter not more than five (5) instructional
16 days after the student's fifth absence described in section 1(2) of
17 this chapter regardless of whether the parent of the student is able
18 to attend the conference.
19 SECTION 8. IC 20-33-8-12, AS AMENDED BY P.L.66-2009,
20 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 12. (a) Except as provided under IC 20-33-8-16,
22 the governing body of a school corporation must do the following:
23 (1) Establish written discipline rules which:
24 (A) must include a:
25 (i) graduated system of discipline; and
26 (ii) policy that a student who is a habitual truant may not
27 participate in extracurricular or co-curricular activities
28 or programs; and
29 (B) may include:
30 (A) (i) appropriate dress codes; and
31 (B) (ii) if applicable, an agreement for court assisted
32 resolution of school suspension and expulsion cases;
33 for the school corporation.
34 (2) Give general publicity to the discipline rules within a school
35 where the discipline rules apply by actions such as:
36 (A) making a copy of the discipline rules available to students
37 and students' parents; or
38 (B) delivering a copy of the discipline rules to students or the
39 parents of students.
40 This publicity requirement may not be construed technically and
41 is satisfied if the school corporation makes a good faith effort to
42 disseminate to students or parents generally the text or substance
ES 282—LS 6915/DI 148 8
1 of a discipline rule.
2 (b) The:
3 (1) superintendent of a school corporation; and
4 (2) principals of each school in a school corporation;
5 may adopt regulations establishing lines of responsibility and related
6 guidelines in compliance with the discipline policies of the governing
7 body.
8 (c) The governing body of a school corporation may delegate:
9 (1) rulemaking;
10 (2) disciplinary; and
11 (3) other authority;
12 as reasonably necessary to carry out the school purposes of the school
13 corporation.
14 (d) Subsection (a) does not apply to rules or directions concerning
15 the following:
16 (1) Movement of students.
17 (2) Movement or parking of vehicles.
18 (3) Day to day instructions concerning the operation of a
19 classroom or teaching station.
20 (4) Time for commencement of school.
21 (5) Other standards or regulations relating to the manner in which
22 an educational function must be administered.
23 However, this subsection does not prohibit the governing body from
24 regulating the areas listed in this subsection.
25 SECTION 9. IC 21-39-9.1 IS ADDED TO THE INDIANA CODE
26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]:
28 Chapter 9.1. Publication of Hazing Incidents
29 Sec. 1. As used in this chapter, "group or organization" means
30 a club, an association, a corporation, an order, a society, a private
31 club, a fraternity or sorority, or a varsity or club athletic team
32 primarily made up of students or alumni, regardless of whether it
33 is chartered by a national organization.
34 Sec. 2. A state educational institution shall implement a policy
35 to publish a public report on the institution's website concerning
36 any act of hazing that is adjudicated by the institution.
37 Sec. 3. (a) A public report published under section 2 of this
38 chapter must include the following:
39 (1) The name of the group or organization involved in the
40 hazing.
41 (2) The date on which the hazing incident occurred.
42 (3) The date the state educational institution started the
ES 282—LS 6915/DI 148 9
1 investigation.
2 (4) The date the group or organization was charged with
3 misconduct.
4 (5) The date on which the citation, sanction, or other
5 punishment was implemented.
6 (6) A description of:
7 (A) the hazing incident;
8 (B) the findings of the investigation; and
9 (C) the citation, sanction, or other punishment
10 implemented.
11 (7) The date the state educational institution completed the
12 investigation.
13 (b) A public report published under section 2 of this chapter:
14 (1) may not include personal identifying information of the
15 individual student members and is subject to the Family
16 Education Rights and Privacy Act (20 U.S.C. 1232g et seq.);
17 and
18 (2) must include the following:
19 (A) A notice that:
20 (i) additional information related to the investigation,
21 citation, sanction, other punishment, and group or
22 organization is available upon request;
23 (ii) the state educational institution is required to comply
24 with IC 5-14-3 (access to public records); and
25 (iii) information protected by the Family Education
26 Rights and Privacy Act (20 U.S.C. 1232g et seq.) may not
27 be released.
28 (B) Instructions on how a person may request additional
29 information from the state educational institution about an
30 incident contained in the public report.
31 SECTION 10. IC 22-14-2-13 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) An individual who is at
34 least sixteen (16) years of age may enroll in and attend a training
35 program for certification as a:
36 (1) Firefighter I;
37 (2) Firefighter II; or
38 (3) emergency medical technician.
39 (b) This section does not affect the minimum age requirements
40 for:
41 (1) employment as a firefighter or emergency medical
42 technician; or
ES 282—LS 6915/DI 148 10
1 (2) certification by a national certification agency.
2 SECTION 11. [EFFECTIVE JULY 1, 2024] (a) The board of
3 firefighting personnel standards and education shall adopt rules
4 under IC 4-22-2 to amend 655 IAC 1-1-1.1 to conform with
5 IC 22-14-2-13, as amended by this act.
6 (b) This SECTION expires July 1, 2025.
7 SECTION 12. [EFFECTIVE JULY 1, 2024] (a) A literacy
8 achievement grant received by a school corporation or charter
9 school is not subject to collective bargaining under IC 20-29.
10 (b) This SECTION expires July 1, 2026.
ES 282—LS 6915/DI 148 11
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 282, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 1 through 6.
Page 1, delete line 17.
Delete page 2.
Page 3, delete line 1.
Page 3, delete lines 31 through 32, begin a new line double block
indented and insert:
"(B) discuss recommending to the legislative council under
section 43 of this chapter legislation to deter absenteeism
and to promote school attendance.
The meeting with the state attendance officer may be
conducted in person, virtually, or both.".
Page 4, delete lines 2 through 4, begin a new line block indented
and insert:
"(3) establish guidance regarding truancy prevention policies
adopted by governing authorities in accordance with
IC 20-33-2.5; and".
Page 4, line 5, delete "(5)" and insert "(4)".
Page 4, delete lines 24 through 42, begin a new line block indented
and insert:
"(2) discuss recommending to the legislative council legislation
to deter absenteeism and to promote school attendance.
(e) Not later than November 1 of each year, the state attendance
officer shall submit a report to the legislative council containing
recommended legislation based on the state attendance officer's
discussions with attendance officers under subsection (d) and
section 39 of this chapter. A report required by this subsection
must be submitted in an electronic format under IC 5-14-6.
SECTION 5. IC 20-33-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 2.5. Truancy Prevention Policy
Sec. 1. As used in this chapter, "absent student" means a
student who:
(1) is enrolled in a school in kindergarten through grade 6;
and
(2) is absent from school five (5) days within a ten (10) week
ES 282—LS 6915/DI 148 12
period without being:
(A) excused; or
(B) absent under a parental request that has been filed
with the school.
Sec. 2. As used in this chapter, "governing authority" refers to
the:
(1) governing body of a school corporation;
(2) organizer of a charter school; or
(3) equivalent authority of a governing body as described in
subdivision (1) for a nonpublic school that has at least one (1)
employee.
Sec. 3. As used in this chapter, "school" refers to the following:
(1) A public school, including a charter school.
(2) A nonpublic school that has at least one (1) employee.
Sec. 4. A governing authority of a school corporation or school
shall adopt a truancy prevention policy regarding absent students
that includes the following:
(1) A school shall immediately provide written notification to
the parent of an absent student that includes the following
information:
(A) That the student is an absent student based on the
student's school attendance.
(B) That the parent is responsible for:
(i) monitoring the absent student's school attendance;
and
(ii) ensuring the absent student attends school in
accordance with compulsory attendance laws.
(C) That the school will be initiating truancy prevention
measures regarding the absent student.
(D) That the parent is required to attend an attendance
conference regarding the truancy prevention measures
that the school will be implementing for the absent student.
(E) That, if the student meets the requirements of a
habitual truant, the:
(i) superintendent or attendance officer of the school is
required to report the student to an intake officer of the
juvenile court or the department of child services in
accordance with IC 20-33-2-25;
(ii) juvenile court may determine that the student is
committing a delinquent act as provided under
IC 31-37-2-3; and
(iii) parent of the student may be subject to prosecution
ES 282—LS 6915/DI 148 13
under IC 35-46-1-4.
(2) A school shall hold an attendance conference with the
following individuals to discuss the student's absences and
establish a plan for the student to prevent future absences:
(A) A representative of the school.
(B) A teacher of the student.
(C) The student's parent.
(3) A school shall establish a plan under subdivision (2) that
includes the following:
(A) Any wrap around services that are able to be provided
to the absent student to ensure the absent student attends
school.
(B) A specific description of the behavior that is required
or prohibited for the absent student.
(C) The period for which the plan will be effective, not to
exceed forty-five (45) instructional days after the date the
plan is established.
(D) Any additional disciplinary action the school will take
if the absent student does not comply with the plan.
(E) If applicable, a referral to or requirement for
counseling, mentoring, or other services for the student.
(F) If applicable, whether a parent is expected to attend the
counseling, mentoring, or other services under clause (E)
with the student.
(G) To the extent possible, the signature of the parent of
the student agreeing to comply with the plan.
(4) A school shall offer additional counseling services to an
absent student if the school determines that the student's
absences are related to any of the following:
(A) The student's pregnancy.
(B) That the student is in foster care (as defined in
IC 31-9-2-46.7).
(C) That the student is homeless.
(D) That the student has a severe or life threatening illness
or related treatment.
Sec. 5. A school shall hold an attendance conference described
in section 4(2) of this chapter not more than five (5) instructional
days after the student's fifth absence described in section 1(2) of
this chapter regardless of whether the parent of the student is able
to attend the conference.
SECTION 6. [EFFECTIVE UPON PASSAGE] (a) The legislative
council is urged to assign to the appropriate interim study
ES 282—LS 6915/DI 148 14
committee the task of studying, during the 2024 legislative interim,
the following:
(1) Ways to encourage families to promote school attendance
and reduce absenteeism.
(2) Age appropriate consequences for a minor determined to
be a habitual truant (as defined in IC 20-18-2-6.5).
(3) The appropriate consequences for a parent, guardian, or
custodian of a minor determined to be a habitual truant (as
defined in IC 20-18-2-6.5).
(4) The impact of absenteeism on school funding.
(5) Ways to encourage schools to develop programs and
services to promote school attendance and reduce
absenteeism.
(b) This SECTION expires January 1, 2025.
SECTION 7. An emergency is declared for this act.".
Delete pages 5 through 9.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 282 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 13, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 282, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, between lines 10 and 11, begin a new paragraph and insert:
"SECTION 2. IC 20-26-5-42.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 42.4. (a) As used in this section,
"principal" means a principal of a school maintained by a school
corporation.
(b) As used in this section, "school" means a school maintained
by a school corporation.
(c) As used in the section, "student" means a student enrolled in
a school maintained by a school corporation.
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(d) If a student or a parent of a student makes an allegation that
a school employee engaged in misconduct with, or pertaining to, a
student and the principal determines that the allegation is
unsubstantiated or the allegation is dismissed, then the school
employee is entitled to certain communications as described in
subsection (e).
(e) If an allegation against a school employee is determined to
be unsubstantiated or dismissed as described in subsection (d), the
principal shall do the following:
(1) Provide a written statement to the school employee stating
that the principal determined the allegation is unsubstantiated
or that the allegation is dismissed.
(2) Provide written notice to the student, if the student is an
emancipated minor, or the parent of the student who made an
allegation, stating that the allegation is unsubstantiated or
that the allegation is dismissed. The written notice must
provide that the school corporation intends to take no further
action on the allegation.
(3) Provide written notice, separate from the notice described
in subdivision (2), to the student, if the student is an
emancipated minor, or to the parent of the student who made
an allegation informing the individual of the following
potential sanctions in the event a second unsubstantiated or
dismissed allegation occurs within one (1) school year:
(A) It is within the principal's discretion to relocate, or not
relocate, the student to another classroom.
(B) The parent may be restricted from attending after
school activities, including athletic or academic activities,
for a period of up to six (6) months.
SECTION 3. IC 20-33-2-26, AS AMENDED BY P.L.34-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 26. (a) It is the duty of each:
(1) superintendent;
(2) attendance officer;
(3) state attendance official;
(4) security police officer appointed under IC 36-8-3-7; and
(5) school corporation police officer appointed under
IC 20-26-16;
to enforce this chapter in their respective jurisdictions and to execute
the affidavits authorized under this section. The duty is several, and the
failure of one (1) or more to act does not excuse another official from
the obligation to enforce this chapter. The duty includes reporting to
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the prosecuting attorney that a child is a habitual truant (as
defined by IC 20-18-2-6.5).
(b) An affidavit:
(1) against a parent for a violation of this chapter; and
(2) concerning a child being a habitual truant (as defined by
IC 20-18-2-6.5);
shall be prepared and filed in the same manner and under the procedure
prescribed for filing affidavits for the prosecution of public offenses.
(c) An affidavit under this section shall be filed in a court with
jurisdiction in the county in which the affected child resides.
(d) The prosecuting attorney shall notify each parent of an
affidavit described in subsection (b) when the affidavit is filed
under this section.
(e) The prosecuting attorney shall file and prosecute actions under
this section as in other criminal cases.
(f) The court shall promptly hear cases brought under this section.".
Page 2, delete lines 15 through 19.
Page 2, line 20, delete "(11)" and insert "(10)".
Page 2, line 28, delete "(12)" and insert "(11)".
Page 3, between lines 36 and 37, begin a new line double block
indented and insert:
"(A) excused;
(B) absent under a parental request that has been filed
with the school; or
(C) absent in conformity with a note on file from the
student's doctor, therapist, or other professional
requesting frequent absences be excused under the
student's:
(i) individualized education program;
(ii) service plan developed under 511 IAC 7-34;
(iii) choice scholarship education plan developed under
511 IAC 7-49; or
(iv) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.".
Page 3, delete lines 37 through 42, begin a new paragraph and
insert:
"Sec. 2. As used in this chapter, "governing authority" refers to
the governing body of a school corporation.".
Page 4, delete lines 1 through 7, begin a new paragraph and insert:
"Sec. 3. As used in this chapter, "school" refers to a public
school.".
Page 4, line 8, delete "corporation or school".
ES 282—LS 6915/DI 148 17
Page 4, after line 42, begin a new line double block indented and
insert:
"(D) At the request of the student's parent, a representative
of the parent's choosing who may provide insight into the
student's absenteeism.".
Page 5, line 13, delete "or requirement for".
Page 5, line 20, after "counseling" insert "or".
Page 5, delete lines 34 through 42, begin a new paragraph and
insert:
"SECTION 6. IC 20-33-8-12, AS AMENDED BY P.L.66-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) Except as provided under IC 20-33-8-16,
the governing body of a school corporation must do the following:
(1) Establish written discipline rules which:
(A) must include a:
(i) graduated system of discipline; and
(ii) policy that a student who is a habitual truant may not
participate in extracurricular or co-curricular activities
or programs; and
(B) may include:
(A) (i) appropriate dress codes; and
(B) (ii) if applicable, an agreement for court assisted
resolution of school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a school
where the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available to students
and students' parents; or
(B) delivering a copy of the discipline rules to students or the
parents of students.
This publicity requirement may not be construed technically and
is satisfied if the school corporation makes a good faith effort to
disseminate to students or parents generally the text or substance
of a discipline rule.
(b) The:
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related
guidelines in compliance with the discipline policies of the governing
body.
(c) The governing body of a school corporation may delegate:
(1) rulemaking;
ES 282—LS 6915/DI 148 18
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of the school
corporation.
(d) Subsection (a) does not apply to rules or directions concerning
the following:
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day to day instructions concerning the operation of a
classroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner in which
an educational function must be administered.
However, this subsection does not prohibit the governing body from
regulating the areas listed in this subsection.
SECTION 7. IC 21-39-9.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 9.1. Publication of Hazing Incidents
Sec. 1. As used in this chapter, "group or organization" means
a club, an association, a corporation, an order, a society, a private
club, a fraternity or sorority, or a varsity or club athletic team
primarily made up of students or alumni, regardless of whether it
is chartered by a national organization.
Sec. 2. A state educational institution shall implement a policy
to publish a public report on the institution's website concerning
any act of hazing that is adjudicated by the institution.
Sec. 3. (a) A public report published under section 2 of this
chapter must include the following:
(1) The name of the group or organization involved in the
hazing.
(2) The date on which the hazing incident occurred.
(3) The date the state educational institution started the
investigation.
(4) The date the group or organization was charged with
misconduct.
(5) The date on which the citation, sanction, or other
punishment was implemented.
(6) A description of:
(A) the hazing incident;
(B) the findings of the investigation; and
(C) the citation, sanction, or other punishment
ES 282—LS 6915/DI 148 19
implemented.
(7) The date the state educational institution completed the
investigation.
(b) A public report published under section 2 of this chapter:
(1) may not include personal identifying information of the
individual student members and is subject to the Family
Education Rights and Privacy Act (20 U.S.C. 1232g et seq.);
and
(2) must include the following:
(A) A notice that:
(i) additional information related to the investigation,
citation, sanction, other punishment, and group or
organization is available upon request;
(ii) the state educational institution is required to comply
with IC 5-14-3 (access to public records); and
(iii) information protected by the Family Education
Rights and Privacy Act (20 U.S.C. 1232g et seq.) may not
be released.
(B) Instructions on how a person may request additional
information from the state educational institution about an
incident contained in the public report.
SECTION 8. IC 22-14-2-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 13. (a) An individual who is at least sixteen (16) years
of age may enroll in and attend a training program for certification
as a:
(1) Firefighter I;
(2) Firefighter II; or
(3) emergency medical technician.
(b) This section does not affect the minimum age requirements
for:
(1) employment as a firefighter or emergency medical
technician; or
(2) certification by a national certification agency.
SECTION 9. [EFFECTIVE JULY 1, 2024] (a) The board of
firefighting personnel standards and education shall adopt rules
under IC 4-22-2 to amend 655 IAC 1-1-1.1 to conform with
IC 22-14-2-13, as amended by this act.
(b) This SECTION expires July 1, 2025.
SECTION 10. [EFFECTIVE JULY 1, 2024] (a) A literacy
achievement grant received by a school corporation or charter
school is not subject to collective bargaining under IC 20-29.
ES 282—LS 6915/DI 148 20
(b) This SECTION expires July 1, 2026.".
Delete page 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 282 as printed February 2, 2024.)
BEHNING
Committee Vote: yeas 9, nays 2.
ES 282—LS 6915/DI 148