Indiana 2024 Regular Session

Indiana Senate Bill SB0282 Compare Versions

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1+*ES0282.1*
2+February 27, 2024
3+ENGROSSED
4+SENATE BILL No. 282
5+_____
6+DIGEST OF SB 282 (Updated February 27, 2024 12:25 pm - DI 152)
7+Citations Affected: IC 20-18; IC 20-26; IC 20-33; IC 21-39;
8+IC 22-14; noncode.
9+Synopsis: Various education matters. Requires a principal of a school
10+maintained by a school corporation to provide certain written
11+communications if the principal determines an allegation made by a
12+parent or student alleging a school employee engaged in misconduct
13+with, or pertaining to, a student is unsubstantiated or is dismissed.
14+Provides that a prosecuting attorney shall notify a parent of a child
15+when an affidavit is filed regarding the child's compulsory attendance
16+(Continued next page)
17+Effective: July 1, 2024.
18+Donato, Rogers, Raatz, Alexander,
19+Crider, Johnson T, Deery, Dernulc,
20+Leising, Buchanan, Garten
21+(HOUSE SPONSORS — CARBAUGH, TESHKA, MCGUIRE, JORDAN)
22+January 16, 2024, read first time and referred to Committee on Education and Career
23+Development.
24+February 1, 2024, amended, reported favorably — Do Pass.
25+February 5, 2024, read second time, ordered engrossed. Engrossed.
26+February 6, 2024, read third time, passed. Yeas 49, nays 0.
27+HOUSE ACTION
28+February 12, 2024, read first time and referred to Committee on Education.
29+February 27, 2024, amended, reported — Do Pass.
30+ES 282—LS 6915/DI 148 Digest Continued
31+violations or if the child is a habitual truant. Amends the duties of an
32+attendance officer and the state attendance officer. Requires, not later
33+than November 1 of each year, the state attendance officer to submit a
34+report to the legislative council containing recommended legislation
35+based on the state attendance officer's discussions with attendance
36+officers. Requires the governing authority of a school corporation to
37+establish a truancy prevention policy regarding certain students in
38+kindergarten through grade 6. Requires the governing authority of a
39+school corporation to establish written discipline rules that include a
40+policy that a student who is a habitual truant may not participate in
41+extracurricular or co-curricular activities or programs. Provides that a
42+state educational institution (institution) must implement a policy to
43+publish information concerning any act of hazing committed by a
44+member of a group or organization that is adjudicated by the
45+institution. Requires an institution to publish a public report concerning
46+certain information about an investigation that results in a finding that
47+hazing was committed. Specifies what an institution is required to
48+publish on a website in connection with the public report concerning
49+hazing. Allows an individual who is at least 16 years of age to enroll in
50+and attend a training program for certification as a Firefighter I,
51+Firefighter II, or emergency medical technician. Provides that a literacy
52+achievement grant is not subject to collective bargaining.
53+ES 282—LS 6915/DI 148ES 282—LS 6915/DI 148 February 27, 2024
154 Second Regular Session of the 123rd General Assembly (2024)
255 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
356 Constitution) is being amended, the text of the existing provision will appear in this style type,
457 additions will appear in this style type, and deletions will appear in this style type.
558 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
659 provision adopted), the text of the new provision will appear in this style type. Also, the
760 word NEW will appear in that style type in the introductory clause of each SECTION that adds
861 a new provision to the Indiana Code or the Indiana Constitution.
962 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1063 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 282
12-AN ACT to amend the Indiana Code concerning education.
64+ENGROSSED
65+SENATE BILL No. 282
66+A BILL FOR AN ACT to amend the Indiana Code concerning
67+education.
1368 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 20-18-2-26.5 IS ADDED TO THE INDIANA
15-CODE AS A NEW SECTION TO READ AS FOLLOWS
16-[EFFECTIVE JULY 1, 2024]: Sec. 26.5. "Truancy prevention
17-measure" means an action designed to:
18-(1) address truancy before a child becomes a habitual truant;
19-and
20-(2) minimize the need for:
21-(A) referrals to a voluntary truancy prevention program;
22-or
23-(B) reports to a juvenile court.
24-SECTION 2. IC 20-33-2-26, AS AMENDED BY P.L.34-2008,
25-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26-JULY 1, 2024]: Sec. 26. (a) It is the duty of each:
27-(1) superintendent;
28-(2) attendance officer;
29-(3) state attendance official;
30-(4) security police officer appointed under IC 36-8-3-7; and
31-(5) school corporation police officer appointed under
32-IC 20-26-16;
33-to enforce this chapter in their respective jurisdictions and to execute
34-the affidavits authorized under this section. The duty is several, and the
35-failure of one (1) or more to act does not excuse another official from
36-SEA 282 — CC 1 2
37-the obligation to enforce this chapter. The duty includes reporting to
38-the prosecuting attorney that a child is a habitual truant.
39-(b) An affidavit:
40-(1) against a parent for a violation of this chapter; and
41-(2) concerning a child being a habitual truant;
42-shall be prepared and filed in the same manner and under the procedure
43-prescribed for filing affidavits for the prosecution of public offenses.
44-(c) An affidavit under this section shall be filed in a court with
45-jurisdiction in the county in which the affected child resides.
46-(d) The prosecuting attorney shall notify each parent of a child
47-regarding an affidavit described in subsection (b) when the
48-affidavit is filed under this section.
49-(e) The prosecuting attorney shall file and prosecute actions under
50-this section as in other criminal cases.
51-(f) The court shall promptly hear cases brought under this section.
52-SECTION 3. IC 20-33-2-39, AS ADDED BY P.L.1-2005,
53-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54-JULY 1, 2024]: Sec. 39. An attendance officer has the following duties:
55-(1) To serve subject to the rules, direction, and control of the
56-superintendent in the attendance officer's attendance district.
57-(2) To maintain an office at a place designated by the
58-superintendent.
59-(3) To be on duty during school hours and at other times as the
60-superintendent may request.
61-(4) To keep records and make reports as required by the state
62-board.
63-(5) To visit the homes of children who are absent from school or
64-who are reported to be in need of books, clothing, or parental
65-care.
66-(6) Whenever the superintendent directs or approves it, to bring
67-suit to enforce any provision of this chapter that is being violated.
68-(7) To serve written notice on any parent whose child is out of
69-school illegally.
70-(8) To visit factories where children are employed.
71-(9) To implement the truancy prevention measures required
72-under IC 20-33-2.5.
73-(10) To meet at least one (1) time each year with the
74-department of child services and the intake officer for the
75-juvenile court to discuss the effectiveness of truancy
76-prevention measures adopted in the attendance officer's
77-jurisdiction.
78-(11) To meet at least one (1) time each year with the state
79-SEA 282 — CC 1 3
80-attendance officer to:
81-(A) review data, policies, and procedures; and
82-(B) discuss recommending to the legislative council under
69+1 SECTION 1. IC 20-18-2-26.5 IS ADDED TO THE INDIANA
70+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
71+3 [EFFECTIVE JULY 1, 2024]: Sec. 26.5. "Truancy prevention
72+4 measure" means an action designed to:
73+5 (1) address truancy before a child becomes a habitual truant;
74+6 and
75+7 (2) minimize the need for:
76+8 (A) referrals to a voluntary truancy prevention program;
77+9 or
78+10 (B) reports to a juvenile court.
79+11 SECTION 2. IC 20-26-5-42.4 IS ADDED TO THE INDIANA
80+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
81+13 [EFFECTIVE JULY 1, 2024]: Sec. 42.4. (a) As used in this section,
82+14 "principal" means a principal of a school maintained by a school
83+15 corporation.
84+16 (b) As used in this section, "school" means a school maintained
85+17 by a school corporation.
86+ES 282—LS 6915/DI 148 2
87+1 (c) As used in the section, "student" means a student enrolled in
88+2 a school maintained by a school corporation.
89+3 (d) If a student or a parent of a student makes an allegation that
90+4 a school employee engaged in misconduct with, or pertaining to, a
91+5 student and the principal determines that the allegation is
92+6 unsubstantiated or the allegation is dismissed, then the school
93+7 employee is entitled to certain communications as described in
94+8 subsection (e).
95+9 (e) If an allegation against a school employee is determined to
96+10 be unsubstantiated or dismissed as described in subsection (d), the
97+11 principal shall do the following:
98+12 (1) Provide a written statement to the school employee stating
99+13 that the principal determined the allegation is unsubstantiated
100+14 or that the allegation is dismissed.
101+15 (2) Provide written notice to the student, if the student is an
102+16 emancipated minor, or the parent of the student who made an
103+17 allegation, stating that the allegation is unsubstantiated or
104+18 that the allegation is dismissed. The written notice must
105+19 provide that the school corporation intends to take no further
106+20 action on the allegation.
107+21 (3) Provide written notice, separate from the notice described
108+22 in subdivision (2), to the student, if the student is an
109+23 emancipated minor, or to the parent of the student who made
110+24 an allegation informing the individual of the following
111+25 potential sanctions in the event a second unsubstantiated or
112+26 dismissed allegation occurs within one (1) school year:
113+27 (A) It is within the principal's discretion to relocate, or not
114+28 relocate, the student to another classroom.
115+29 (B) The parent may be restricted from attending after
116+30 school activities, including athletic or academic activities,
117+31 for a period of up to six (6) months.
118+32 SECTION 3. IC 20-33-2-26, AS AMENDED BY P.L.34-2008,
119+33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120+34 JULY 1, 2024]: Sec. 26. (a) It is the duty of each:
121+35 (1) superintendent;
122+36 (2) attendance officer;
123+37 (3) state attendance official;
124+38 (4) security police officer appointed under IC 36-8-3-7; and
125+39 (5) school corporation police officer appointed under
126+40 IC 20-26-16;
127+41 to enforce this chapter in their respective jurisdictions and to execute
128+42 the affidavits authorized under this section. The duty is several, and the
129+ES 282—LS 6915/DI 148 3
130+1 failure of one (1) or more to act does not excuse another official from
131+2 the obligation to enforce this chapter. The duty includes reporting to
132+3 the prosecuting attorney that a child is a habitual truant (as
133+4 defined by IC 20-18-2-6.5).
134+5 (b) An affidavit:
135+6 (1) against a parent for a violation of this chapter; and
136+7 (2) concerning a child being a habitual truant (as defined by
137+8 IC 20-18-2-6.5);
138+9 shall be prepared and filed in the same manner and under the procedure
139+10 prescribed for filing affidavits for the prosecution of public offenses.
140+11 (c) An affidavit under this section shall be filed in a court with
141+12 jurisdiction in the county in which the affected child resides.
142+13 (d) The prosecuting attorney shall notify each parent of an
143+14 affidavit described in subsection (b) when the affidavit is filed
144+15 under this section.
145+16 (e) The prosecuting attorney shall file and prosecute actions under
146+17 this section as in other criminal cases.
147+18 (f) The court shall promptly hear cases brought under this section.
148+19 SECTION 4. IC 20-33-2-39, AS ADDED BY P.L.1-2005,
149+20 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
150+21 JULY 1, 2024]: Sec. 39. An attendance officer has the following duties:
151+22 (1) To serve subject to the rules, direction, and control of the
152+23 superintendent in the attendance officer's attendance district.
153+24 (2) To maintain an office at a place designated by the
154+25 superintendent.
155+26 (3) To be on duty during school hours and at other times as the
156+27 superintendent may request.
157+28 (4) To keep records and make reports as required by the state
158+29 board.
159+30 (5) To visit the homes of children who are absent from school or
160+31 who are reported to be in need of books, clothing, or parental
161+32 care.
162+33 (6) Whenever the superintendent directs or approves it, to bring
163+34 suit to enforce any provision of this chapter that is being violated.
164+35 (7) To serve written notice on any parent whose child is out of
165+36 school illegally.
166+37 (8) To visit factories where children are employed.
167+38 (9) To implement the truancy prevention measures required
168+39 under IC 20-33-2.5.
169+40 (10) To meet at least one (1) time each year with the state
170+41 attendance officer to:
171+42 (A) review data, policies, and procedures; and
172+ES 282—LS 6915/DI 148 4
173+1 (B) discuss recommending to the legislative council under
174+2 section 43 of this chapter legislation to deter absenteeism
175+3 and to promote school attendance.
176+4 The meeting with the state attendance officer may be
177+5 conducted in person, virtually, or both.
178+6 (9) (11) To perform other duties necessary for complete
179+7 enforcement of this chapter and IC 20-33-2.5.
180+8 SECTION 5. IC 20-33-2-42, AS AMENDED BY P.L.43-2021,
181+9 SECTION 110, IS AMENDED TO READ AS FOLLOWS
182+10 [EFFECTIVE JULY 1, 2024]: Sec. 42. The secretary of education
183+11 shall:
184+12 (1) prescribe duties for the state attendance officer not provided
185+13 by law;
186+14 (2) design and require use of a system of attendance reports,
187+15 records, and forms necessary for the enforcement of this chapter;
188+16 and
189+17 (3) establish guidance regarding truancy prevention policies
190+18 adopted by governing authorities in accordance with
191+19 IC 20-33-2.5; and
192+20 (3) (4) perform all other duties necessary for the complete
193+21 enforcement of this chapter.
194+22 SECTION 6. IC 20-33-2-43, AS AMENDED BY P.L.43-2021,
195+23 SECTION 111, IS AMENDED TO READ AS FOLLOWS
196+24 [EFFECTIVE JULY 1, 2024]: Sec. 43. (a) The secretary of education
197+25 shall appoint a state attendance officer. The state attendance officer
198+26 serves at the pleasure of the secretary of education and may be removed
199+27 by the secretary of education at any time.
200+28 (b) The state attendance officer shall:
201+29 (1) exercise general supervision over the attendance officers of
202+30 Indiana;
203+31 (2) visit the various attendance districts throughout Indiana;
204+32 (3) inspect the work of the attendance officers; and
205+33 (4) investigate the manner in which this chapter is being enforced.
206+34 (c) The state attendance officer may initiate court action whenever
207+35 necessary for the enforcement of this chapter.
208+36 (d) The state attendance officer shall meet at least one (1) time
209+37 each year with all attendance officers to:
210+38 (1) review data, policies, and procedures; and
211+39 (2) discuss recommending to the legislative council legislation
212+40 to deter absenteeism and to promote school attendance.
213+41 (e) Not later than November 1 of each year, the state attendance
214+42 officer shall submit a report to the legislative council containing
215+ES 282—LS 6915/DI 148 5
216+1 recommended legislation based on the state attendance officer's
217+2 discussions with attendance officers under subsection (d) and
218+3 section 39 of this chapter. A report required by this subsection
219+4 must be submitted in an electronic format under IC 5-14-6.
220+5 SECTION 7. IC 20-33-2.5 IS ADDED TO THE INDIANA CODE
221+6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
222+7 JULY 1, 2024]:
223+8 Chapter 2.5. Truancy Prevention Policy
224+9 Sec. 1. As used in this chapter, "absent student" means a
225+10 student who:
226+11 (1) is enrolled in a school in kindergarten through grade 6;
227+12 and
228+13 (2) is absent from school five (5) days within a ten (10) week
229+14 period without being:
230+15 (A) excused;
231+16 (B) absent under a parental request that has been filed
232+17 with the school; or
233+18 (C) absent in conformity with a note on file from the
234+19 student's doctor, therapist, or other professional
235+20 requesting frequent absences be excused under the
236+21 student's:
237+22 (i) individualized education program;
238+23 (ii) service plan developed under 511 IAC 7-34;
239+24 (iii) choice scholarship education plan developed under
240+25 511 IAC 7-49; or
241+26 (iv) plan developed under Section 504 of the federal
242+27 Rehabilitation Act of 1973, 29 U.S.C. 794.
243+28 Sec. 2. As used in this chapter, "governing authority" refers to
244+29 the governing body of a school corporation.
245+30 Sec. 3. As used in this chapter, "school" refers to a public
246+31 school.
247+32 Sec. 4. A governing authority of a school shall adopt a truancy
248+33 prevention policy regarding absent students that includes the
249+34 following:
250+35 (1) A school shall immediately provide written notification to
251+36 the parent of an absent student that includes the following
252+37 information:
253+38 (A) That the student is an absent student based on the
254+39 student's school attendance.
255+40 (B) That the parent is responsible for:
256+41 (i) monitoring the absent student's school attendance;
257+42 and
258+ES 282—LS 6915/DI 148 6
259+1 (ii) ensuring the absent student attends school in
260+2 accordance with compulsory attendance laws.
261+3 (C) That the school will be initiating truancy prevention
262+4 measures regarding the absent student.
263+5 (D) That the parent is required to attend an attendance
264+6 conference regarding the truancy prevention measures
265+7 that the school will be implementing for the absent student.
266+8 (E) That, if the student meets the requirements of a
267+9 habitual truant, the:
268+10 (i) superintendent or attendance officer of the school is
269+11 required to report the student to an intake officer of the
270+12 juvenile court or the department of child services in
271+13 accordance with IC 20-33-2-25;
272+14 (ii) juvenile court may determine that the student is
273+15 committing a delinquent act as provided under
274+16 IC 31-37-2-3; and
275+17 (iii) parent of the student may be subject to prosecution
276+18 under IC 35-46-1-4.
277+19 (2) A school shall hold an attendance conference with the
278+20 following individuals to discuss the student's absences and
279+21 establish a plan for the student to prevent future absences:
280+22 (A) A representative of the school.
281+23 (B) A teacher of the student.
282+24 (C) The student's parent.
283+25 (D) At the request of the student's parent, a representative
284+26 of the parent's choosing who may provide insight into the
285+27 student's absenteeism.
286+28 (3) A school shall establish a plan under subdivision (2) that
287+29 includes the following:
288+30 (A) Any wrap around services that are able to be provided
289+31 to the absent student to ensure the absent student attends
290+32 school.
291+33 (B) A specific description of the behavior that is required
292+34 or prohibited for the absent student.
293+35 (C) The period for which the plan will be effective, not to
294+36 exceed forty-five (45) instructional days after the date the
295+37 plan is established.
296+38 (D) Any additional disciplinary action the school will take
297+39 if the absent student does not comply with the plan.
298+40 (E) If applicable, a referral to counseling, mentoring, or
299+41 other services for the student.
300+42 (F) If applicable, whether a parent is expected to attend the
301+ES 282—LS 6915/DI 148 7
302+1 counseling, mentoring, or other services under clause (E)
303+2 with the student.
304+3 (G) To the extent possible, the signature of the parent of
305+4 the student agreeing to comply with the plan.
306+5 (4) A school shall offer additional counseling or services to an
307+6 absent student if the school determines that the student's
308+7 absences are related to any of the following:
309+8 (A) The student's pregnancy.
310+9 (B) That the student is in foster care (as defined in
311+10 IC 31-9-2-46.7).
312+11 (C) That the student is homeless.
313+12 (D) That the student has a severe or life threatening illness
314+13 or related treatment.
315+14 Sec. 5. A school shall hold an attendance conference described
316+15 in section 4(2) of this chapter not more than five (5) instructional
317+16 days after the student's fifth absence described in section 1(2) of
318+17 this chapter regardless of whether the parent of the student is able
319+18 to attend the conference.
320+19 SECTION 8. IC 20-33-8-12, AS AMENDED BY P.L.66-2009,
321+20 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
322+21 JULY 1, 2024]: Sec. 12. (a) Except as provided under IC 20-33-8-16,
323+22 the governing body of a school corporation must do the following:
324+23 (1) Establish written discipline rules which:
325+24 (A) must include a:
326+25 (i) graduated system of discipline; and
327+26 (ii) policy that a student who is a habitual truant may not
328+27 participate in extracurricular or co-curricular activities
329+28 or programs; and
330+29 (B) may include:
331+30 (A) (i) appropriate dress codes; and
332+31 (B) (ii) if applicable, an agreement for court assisted
333+32 resolution of school suspension and expulsion cases;
334+33 for the school corporation.
335+34 (2) Give general publicity to the discipline rules within a school
336+35 where the discipline rules apply by actions such as:
337+36 (A) making a copy of the discipline rules available to students
338+37 and students' parents; or
339+38 (B) delivering a copy of the discipline rules to students or the
340+39 parents of students.
341+40 This publicity requirement may not be construed technically and
342+41 is satisfied if the school corporation makes a good faith effort to
343+42 disseminate to students or parents generally the text or substance
344+ES 282—LS 6915/DI 148 8
345+1 of a discipline rule.
346+2 (b) The:
347+3 (1) superintendent of a school corporation; and
348+4 (2) principals of each school in a school corporation;
349+5 may adopt regulations establishing lines of responsibility and related
350+6 guidelines in compliance with the discipline policies of the governing
351+7 body.
352+8 (c) The governing body of a school corporation may delegate:
353+9 (1) rulemaking;
354+10 (2) disciplinary; and
355+11 (3) other authority;
356+12 as reasonably necessary to carry out the school purposes of the school
357+13 corporation.
358+14 (d) Subsection (a) does not apply to rules or directions concerning
359+15 the following:
360+16 (1) Movement of students.
361+17 (2) Movement or parking of vehicles.
362+18 (3) Day to day instructions concerning the operation of a
363+19 classroom or teaching station.
364+20 (4) Time for commencement of school.
365+21 (5) Other standards or regulations relating to the manner in which
366+22 an educational function must be administered.
367+23 However, this subsection does not prohibit the governing body from
368+24 regulating the areas listed in this subsection.
369+25 SECTION 9. IC 21-39-9.1 IS ADDED TO THE INDIANA CODE
370+26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
371+27 JULY 1, 2024]:
372+28 Chapter 9.1. Publication of Hazing Incidents
373+29 Sec. 1. As used in this chapter, "group or organization" means
374+30 a club, an association, a corporation, an order, a society, a private
375+31 club, a fraternity or sorority, or a varsity or club athletic team
376+32 primarily made up of students or alumni, regardless of whether it
377+33 is chartered by a national organization.
378+34 Sec. 2. A state educational institution shall implement a policy
379+35 to publish a public report on the institution's website concerning
380+36 any act of hazing that is adjudicated by the institution.
381+37 Sec. 3. (a) A public report published under section 2 of this
382+38 chapter must include the following:
383+39 (1) The name of the group or organization involved in the
384+40 hazing.
385+41 (2) The date on which the hazing incident occurred.
386+42 (3) The date the state educational institution started the
387+ES 282—LS 6915/DI 148 9
388+1 investigation.
389+2 (4) The date the group or organization was charged with
390+3 misconduct.
391+4 (5) The date on which the citation, sanction, or other
392+5 punishment was implemented.
393+6 (6) A description of:
394+7 (A) the hazing incident;
395+8 (B) the findings of the investigation; and
396+9 (C) the citation, sanction, or other punishment
397+10 implemented.
398+11 (7) The date the state educational institution completed the
399+12 investigation.
400+13 (b) A public report published under section 2 of this chapter:
401+14 (1) may not include personal identifying information of the
402+15 individual student members and is subject to the Family
403+16 Education Rights and Privacy Act (20 U.S.C. 1232g et seq.);
404+17 and
405+18 (2) must include the following:
406+19 (A) A notice that:
407+20 (i) additional information related to the investigation,
408+21 citation, sanction, other punishment, and group or
409+22 organization is available upon request;
410+23 (ii) the state educational institution is required to comply
411+24 with IC 5-14-3 (access to public records); and
412+25 (iii) information protected by the Family Education
413+26 Rights and Privacy Act (20 U.S.C. 1232g et seq.) may not
414+27 be released.
415+28 (B) Instructions on how a person may request additional
416+29 information from the state educational institution about an
417+30 incident contained in the public report.
418+31 SECTION 10. IC 22-14-2-13 IS ADDED TO THE INDIANA
419+32 CODE AS A NEW SECTION TO READ AS FOLLOWS
420+33 [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) An individual who is at
421+34 least sixteen (16) years of age may enroll in and attend a training
422+35 program for certification as a:
423+36 (1) Firefighter I;
424+37 (2) Firefighter II; or
425+38 (3) emergency medical technician.
426+39 (b) This section does not affect the minimum age requirements
427+40 for:
428+41 (1) employment as a firefighter or emergency medical
429+42 technician; or
430+ES 282—LS 6915/DI 148 10
431+1 (2) certification by a national certification agency.
432+2 SECTION 11. [EFFECTIVE JULY 1, 2024] (a) The board of
433+3 firefighting personnel standards and education shall adopt rules
434+4 under IC 4-22-2 to amend 655 IAC 1-1-1.1 to conform with
435+5 IC 22-14-2-13, as amended by this act.
436+6 (b) This SECTION expires July 1, 2025.
437+7 SECTION 12. [EFFECTIVE JULY 1, 2024] (a) A literacy
438+8 achievement grant received by a school corporation or charter
439+9 school is not subject to collective bargaining under IC 20-29.
440+10 (b) This SECTION expires July 1, 2026.
441+ES 282—LS 6915/DI 148 11
442+COMMITTEE REPORT
443+Madam President: The Senate Committee on Education and Career
444+Development, to which was referred Senate Bill No. 282, has had the
445+same under consideration and begs leave to report the same back to the
446+Senate with the recommendation that said bill be AMENDED as
447+follows:
448+Page 1, delete lines 1 through 6.
449+Page 1, delete line 17.
450+Delete page 2.
451+Page 3, delete line 1.
452+Page 3, delete lines 31 through 32, begin a new line double block
453+indented and insert:
454+"(B) discuss recommending to the legislative council under
83455 section 43 of this chapter legislation to deter absenteeism
84456 and to promote school attendance.
85457 The meeting with the state attendance officer may be
86-conducted in person, virtually, or both.
87-(9) (12) To perform other duties necessary for complete
88-enforcement of this chapter and IC 20-33-2.5.
89-SECTION 4. IC 20-33-2-42, AS AMENDED BY P.L.43-2021,
90-SECTION 110, IS AMENDED TO READ AS FOLLOWS
91-[EFFECTIVE JULY 1, 2024]: Sec. 42. The secretary of education
92-shall:
93-(1) prescribe duties for the state attendance officer not provided
94-by law;
95-(2) design and require use of a system of attendance reports,
96-records, and forms necessary for the enforcement of this chapter;
97-and
98-(3) establish guidance regarding truancy prevention policies
458+conducted in person, virtually, or both.".
459+Page 4, delete lines 2 through 4, begin a new line block indented
460+and insert:
461+"(3) establish guidance regarding truancy prevention policies
99462 adopted by governing authorities in accordance with
100-IC 20-33-2.5; and
101-(3) (4) perform all other duties necessary for the complete
102-enforcement of this chapter.
103-SECTION 5. IC 20-33-2-43, AS AMENDED BY P.L.43-2021,
104-SECTION 111, IS AMENDED TO READ AS FOLLOWS
105-[EFFECTIVE JULY 1, 2024]: Sec. 43. (a) The secretary of education
106-shall appoint a state attendance officer. The state attendance officer
107-serves at the pleasure of the secretary of education and may be removed
108-by the secretary of education at any time.
109-(b) The state attendance officer shall:
110-(1) exercise general supervision over the attendance officers of
111-Indiana;
112-(2) visit the various attendance districts throughout Indiana;
113-(3) inspect the work of the attendance officers; and
114-(4) investigate the manner in which this chapter is being enforced.
115-(c) The state attendance officer may initiate court action whenever
116-necessary for the enforcement of this chapter.
117-(d) The state attendance officer shall meet at least one (1) time
118-each year with all attendance officers to:
119-(1) review data, policies, and procedures; and
120-(2) discuss recommending to the legislative council legislation
463+IC 20-33-2.5; and".
464+Page 4, line 5, delete "(5)" and insert "(4)".
465+Page 4, delete lines 24 through 42, begin a new line block indented
466+and insert:
467+"(2) discuss recommending to the legislative council legislation
121468 to deter absenteeism and to promote school attendance.
122-SEA 282 — CC 1 4
123469 (e) Not later than November 1 of each year, the state attendance
124470 officer shall submit a report to the legislative council containing
125471 recommended legislation based on the state attendance officer's
126472 discussions with attendance officers under subsection (d) and
127473 section 39 of this chapter. A report required by this subsection
128474 must be submitted in an electronic format under IC 5-14-6.
129-SECTION 6. IC 20-33-2.5 IS ADDED TO THE INDIANA CODE
475+SECTION 5. IC 20-33-2.5 IS ADDED TO THE INDIANA CODE
130476 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
131477 JULY 1, 2024]:
132478 Chapter 2.5. Truancy Prevention Policy
133479 Sec. 1. As used in this chapter, "absent student" means a
134480 student who:
135481 (1) is enrolled in a school in kindergarten through grade 6;
136482 and
137483 (2) is absent from school five (5) days within a ten (10) week
484+ES 282—LS 6915/DI 148 12
138485 period without being:
139486 (A) excused; or
140-(B) absent in conformity with a note on file from the
141-student's doctor, therapist, or other professional
142-requesting frequent absences be excused under the
143-student's:
144-(i) individualized education program;
145-(ii) service plan developed under 511 IAC 7-34;
146-(iii) choice scholarship education plan developed under
147-511 IAC 7-49; or
148-(iv) plan developed under Section 504 of the federal
149-Rehabilitation Act of 1973, 29 U.S.C. 794.
487+(B) absent under a parental request that has been filed
488+with the school.
150489 Sec. 2. As used in this chapter, "governing authority" refers to
151490 the:
152-(1) governing body of a school corporation; or
153-(2) organizer of a charter school.
154-Sec. 3. As used in this chapter, "school" refers to a public
155-school, including a charter school.
156-Sec. 4. Each governing authority shall adopt a truancy
157-prevention policy regarding absent students that includes the
158-following:
491+(1) governing body of a school corporation;
492+(2) organizer of a charter school; or
493+(3) equivalent authority of a governing body as described in
494+subdivision (1) for a nonpublic school that has at least one (1)
495+employee.
496+Sec. 3. As used in this chapter, "school" refers to the following:
497+(1) A public school, including a charter school.
498+(2) A nonpublic school that has at least one (1) employee.
499+Sec. 4. A governing authority of a school corporation or school
500+shall adopt a truancy prevention policy regarding absent students
501+that includes the following:
159502 (1) A school shall immediately provide written notification to
160503 the parent of an absent student that includes the following
161504 information:
162505 (A) That the student is an absent student based on the
163506 student's school attendance.
164507 (B) That the parent is responsible for:
165-SEA 282 — CC 1 5
166508 (i) monitoring the absent student's school attendance;
167509 and
168510 (ii) ensuring the absent student attends school in
169511 accordance with compulsory attendance laws.
170512 (C) That the school will be initiating truancy prevention
171513 measures regarding the absent student.
172514 (D) That the parent is required to attend an attendance
173515 conference regarding the truancy prevention measures
174516 that the school will be implementing for the absent student.
175517 (E) That, if the student meets the requirements of a
176518 habitual truant, the:
177519 (i) superintendent or attendance officer of the school is
178520 required to report the student to an intake officer of the
179521 juvenile court or the department of child services in
180522 accordance with IC 20-33-2-25;
181523 (ii) juvenile court may determine that the student is
182524 committing a delinquent act as provided under
183525 IC 31-37-2-3; and
184526 (iii) parent of the student may be subject to prosecution
527+ES 282—LS 6915/DI 148 13
185528 under IC 35-46-1-4.
186-(2) Except as provided under section 5 of this chapter, a
187-school shall hold an attendance conference with at least the
529+(2) A school shall hold an attendance conference with the
188530 following individuals to discuss the student's absences and
189531 establish a plan for the student to prevent future absences:
190532 (A) A representative of the school.
191533 (B) A teacher of the student.
192534 (C) The student's parent.
193-(D) A representative chosen by the student's parent who
194-may provide insight into the student's absenteeism if the
195-student's parent:
196-(i) makes a request to the school that the representative
197-attend; and
198-(ii) provides notice to the school regarding the
199-identification of the representative;
200-at least forty-eight (48) hours before the attendance
201-conference.
202535 (3) A school shall establish a plan under subdivision (2) that
203-may include the following:
536+includes the following:
204537 (A) Any wrap around services that are able to be provided
205538 to the absent student to ensure the absent student attends
206539 school.
207540 (B) A specific description of the behavior that is required
208-SEA 282 — CC 1 6
209541 or prohibited for the absent student.
210542 (C) The period for which the plan will be effective, not to
211543 exceed forty-five (45) instructional days after the date the
212544 plan is established.
213545 (D) Any additional disciplinary action the school will take
214546 if the absent student does not comply with the plan.
215-(E) If applicable, a referral to counseling, mentoring, or
216-other services for the student.
547+(E) If applicable, a referral to or requirement for
548+counseling, mentoring, or other services for the student.
217549 (F) If applicable, whether a parent is expected to attend the
218550 counseling, mentoring, or other services under clause (E)
219551 with the student.
220552 (G) To the extent possible, the signature of the parent of
221553 the student agreeing to comply with the plan.
222-(4) A school shall offer additional counseling or services to an
554+(4) A school shall offer additional counseling services to an
223555 absent student if the school determines that the student's
224556 absences are related to any of the following:
225557 (A) The student's pregnancy.
226558 (B) That the student is in foster care (as defined in
227559 IC 31-9-2-46.7).
228560 (C) That the student is homeless.
229561 (D) That the student has a severe or life threatening illness
230562 or related treatment.
231-Sec. 5. (a) A school shall hold an attendance conference
232-described in section 4(2) of this chapter not more than five (5)
233-instructional days after the student's fifth absence described in
234-section 1(2) of this chapter regardless of whether:
235-(1) the parent of the student; or
236-(2) a representative described under section 4(2)(D) of this
237-chapter;
238-is able to attend the conference.
239-(b) A school shall make all reasonable efforts to hold an
240-attendance conference as required under subsection (a) on a date
241-and at a time that works with the schedule of the student's parent.
242-SEA 282 — CC 1 President of the Senate
243-President Pro Tempore
244-Speaker of the House of Representatives
245-Governor of the State of Indiana
246-Date: Time:
247-SEA 282 — CC 1
563+Sec. 5. A school shall hold an attendance conference described
564+in section 4(2) of this chapter not more than five (5) instructional
565+days after the student's fifth absence described in section 1(2) of
566+this chapter regardless of whether the parent of the student is able
567+to attend the conference.
568+SECTION 6. [EFFECTIVE UPON PASSAGE] (a) The legislative
569+council is urged to assign to the appropriate interim study
570+ES 282—LS 6915/DI 148 14
571+committee the task of studying, during the 2024 legislative interim,
572+the following:
573+(1) Ways to encourage families to promote school attendance
574+and reduce absenteeism.
575+(2) Age appropriate consequences for a minor determined to
576+be a habitual truant (as defined in IC 20-18-2-6.5).
577+(3) The appropriate consequences for a parent, guardian, or
578+custodian of a minor determined to be a habitual truant (as
579+defined in IC 20-18-2-6.5).
580+(4) The impact of absenteeism on school funding.
581+(5) Ways to encourage schools to develop programs and
582+services to promote school attendance and reduce
583+absenteeism.
584+(b) This SECTION expires January 1, 2025.
585+SECTION 7. An emergency is declared for this act.".
586+Delete pages 5 through 9.
587+Renumber all SECTIONS consecutively.
588+and when so amended that said bill do pass.
589+(Reference is to SB 282 as introduced.)
590+RAATZ, Chairperson
591+Committee Vote: Yeas 13, Nays 0.
592+_____
593+COMMITTEE REPORT
594+Mr. Speaker: Your Committee on Education, to which was referred
595+Senate Bill 282, has had the same under consideration and begs leave
596+to report the same back to the House with the recommendation that said
597+bill be amended as follows:
598+Page 1, between lines 10 and 11, begin a new paragraph and insert:
599+"SECTION 2. IC 20-26-5-42.4 IS ADDED TO THE INDIANA
600+CODE AS A NEW SECTION TO READ AS FOLLOWS
601+[EFFECTIVE JULY 1, 2024]: Sec. 42.4. (a) As used in this section,
602+"principal" means a principal of a school maintained by a school
603+corporation.
604+(b) As used in this section, "school" means a school maintained
605+by a school corporation.
606+(c) As used in the section, "student" means a student enrolled in
607+a school maintained by a school corporation.
608+ES 282—LS 6915/DI 148 15
609+(d) If a student or a parent of a student makes an allegation that
610+a school employee engaged in misconduct with, or pertaining to, a
611+student and the principal determines that the allegation is
612+unsubstantiated or the allegation is dismissed, then the school
613+employee is entitled to certain communications as described in
614+subsection (e).
615+(e) If an allegation against a school employee is determined to
616+be unsubstantiated or dismissed as described in subsection (d), the
617+principal shall do the following:
618+(1) Provide a written statement to the school employee stating
619+that the principal determined the allegation is unsubstantiated
620+or that the allegation is dismissed.
621+(2) Provide written notice to the student, if the student is an
622+emancipated minor, or the parent of the student who made an
623+allegation, stating that the allegation is unsubstantiated or
624+that the allegation is dismissed. The written notice must
625+provide that the school corporation intends to take no further
626+action on the allegation.
627+(3) Provide written notice, separate from the notice described
628+in subdivision (2), to the student, if the student is an
629+emancipated minor, or to the parent of the student who made
630+an allegation informing the individual of the following
631+potential sanctions in the event a second unsubstantiated or
632+dismissed allegation occurs within one (1) school year:
633+(A) It is within the principal's discretion to relocate, or not
634+relocate, the student to another classroom.
635+(B) The parent may be restricted from attending after
636+school activities, including athletic or academic activities,
637+for a period of up to six (6) months.
638+SECTION 3. IC 20-33-2-26, AS AMENDED BY P.L.34-2008,
639+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
640+JULY 1, 2024]: Sec. 26. (a) It is the duty of each:
641+(1) superintendent;
642+(2) attendance officer;
643+(3) state attendance official;
644+(4) security police officer appointed under IC 36-8-3-7; and
645+(5) school corporation police officer appointed under
646+IC 20-26-16;
647+to enforce this chapter in their respective jurisdictions and to execute
648+the affidavits authorized under this section. The duty is several, and the
649+failure of one (1) or more to act does not excuse another official from
650+the obligation to enforce this chapter. The duty includes reporting to
651+ES 282—LS 6915/DI 148 16
652+the prosecuting attorney that a child is a habitual truant (as
653+defined by IC 20-18-2-6.5).
654+(b) An affidavit:
655+(1) against a parent for a violation of this chapter; and
656+(2) concerning a child being a habitual truant (as defined by
657+IC 20-18-2-6.5);
658+shall be prepared and filed in the same manner and under the procedure
659+prescribed for filing affidavits for the prosecution of public offenses.
660+(c) An affidavit under this section shall be filed in a court with
661+jurisdiction in the county in which the affected child resides.
662+(d) The prosecuting attorney shall notify each parent of an
663+affidavit described in subsection (b) when the affidavit is filed
664+under this section.
665+(e) The prosecuting attorney shall file and prosecute actions under
666+this section as in other criminal cases.
667+(f) The court shall promptly hear cases brought under this section.".
668+Page 2, delete lines 15 through 19.
669+Page 2, line 20, delete "(11)" and insert "(10)".
670+Page 2, line 28, delete "(12)" and insert "(11)".
671+Page 3, between lines 36 and 37, begin a new line double block
672+indented and insert:
673+"(A) excused;
674+(B) absent under a parental request that has been filed
675+with the school; or
676+(C) absent in conformity with a note on file from the
677+student's doctor, therapist, or other professional
678+requesting frequent absences be excused under the
679+student's:
680+(i) individualized education program;
681+(ii) service plan developed under 511 IAC 7-34;
682+(iii) choice scholarship education plan developed under
683+511 IAC 7-49; or
684+(iv) plan developed under Section 504 of the federal
685+Rehabilitation Act of 1973, 29 U.S.C. 794.".
686+Page 3, delete lines 37 through 42, begin a new paragraph and
687+insert:
688+"Sec. 2. As used in this chapter, "governing authority" refers to
689+the governing body of a school corporation.".
690+Page 4, delete lines 1 through 7, begin a new paragraph and insert:
691+"Sec. 3. As used in this chapter, "school" refers to a public
692+school.".
693+Page 4, line 8, delete "corporation or school".
694+ES 282—LS 6915/DI 148 17
695+Page 4, after line 42, begin a new line double block indented and
696+insert:
697+"(D) At the request of the student's parent, a representative
698+of the parent's choosing who may provide insight into the
699+student's absenteeism.".
700+Page 5, line 13, delete "or requirement for".
701+Page 5, line 20, after "counseling" insert "or".
702+Page 5, delete lines 34 through 42, begin a new paragraph and
703+insert:
704+"SECTION 6. IC 20-33-8-12, AS AMENDED BY P.L.66-2009,
705+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
706+JULY 1, 2024]: Sec. 12. (a) Except as provided under IC 20-33-8-16,
707+the governing body of a school corporation must do the following:
708+(1) Establish written discipline rules which:
709+(A) must include a:
710+(i) graduated system of discipline; and
711+(ii) policy that a student who is a habitual truant may not
712+participate in extracurricular or co-curricular activities
713+or programs; and
714+(B) may include:
715+(A) (i) appropriate dress codes; and
716+(B) (ii) if applicable, an agreement for court assisted
717+resolution of school suspension and expulsion cases;
718+for the school corporation.
719+(2) Give general publicity to the discipline rules within a school
720+where the discipline rules apply by actions such as:
721+(A) making a copy of the discipline rules available to students
722+and students' parents; or
723+(B) delivering a copy of the discipline rules to students or the
724+parents of students.
725+This publicity requirement may not be construed technically and
726+is satisfied if the school corporation makes a good faith effort to
727+disseminate to students or parents generally the text or substance
728+of a discipline rule.
729+(b) The:
730+(1) superintendent of a school corporation; and
731+(2) principals of each school in a school corporation;
732+may adopt regulations establishing lines of responsibility and related
733+guidelines in compliance with the discipline policies of the governing
734+body.
735+(c) The governing body of a school corporation may delegate:
736+(1) rulemaking;
737+ES 282—LS 6915/DI 148 18
738+(2) disciplinary; and
739+(3) other authority;
740+as reasonably necessary to carry out the school purposes of the school
741+corporation.
742+(d) Subsection (a) does not apply to rules or directions concerning
743+the following:
744+(1) Movement of students.
745+(2) Movement or parking of vehicles.
746+(3) Day to day instructions concerning the operation of a
747+classroom or teaching station.
748+(4) Time for commencement of school.
749+(5) Other standards or regulations relating to the manner in which
750+an educational function must be administered.
751+However, this subsection does not prohibit the governing body from
752+regulating the areas listed in this subsection.
753+SECTION 7. IC 21-39-9.1 IS ADDED TO THE INDIANA CODE
754+AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
755+JULY 1, 2024]:
756+Chapter 9.1. Publication of Hazing Incidents
757+Sec. 1. As used in this chapter, "group or organization" means
758+a club, an association, a corporation, an order, a society, a private
759+club, a fraternity or sorority, or a varsity or club athletic team
760+primarily made up of students or alumni, regardless of whether it
761+is chartered by a national organization.
762+Sec. 2. A state educational institution shall implement a policy
763+to publish a public report on the institution's website concerning
764+any act of hazing that is adjudicated by the institution.
765+Sec. 3. (a) A public report published under section 2 of this
766+chapter must include the following:
767+(1) The name of the group or organization involved in the
768+hazing.
769+(2) The date on which the hazing incident occurred.
770+(3) The date the state educational institution started the
771+investigation.
772+(4) The date the group or organization was charged with
773+misconduct.
774+(5) The date on which the citation, sanction, or other
775+punishment was implemented.
776+(6) A description of:
777+(A) the hazing incident;
778+(B) the findings of the investigation; and
779+(C) the citation, sanction, or other punishment
780+ES 282—LS 6915/DI 148 19
781+implemented.
782+(7) The date the state educational institution completed the
783+investigation.
784+(b) A public report published under section 2 of this chapter:
785+(1) may not include personal identifying information of the
786+individual student members and is subject to the Family
787+Education Rights and Privacy Act (20 U.S.C. 1232g et seq.);
788+and
789+(2) must include the following:
790+(A) A notice that:
791+(i) additional information related to the investigation,
792+citation, sanction, other punishment, and group or
793+organization is available upon request;
794+(ii) the state educational institution is required to comply
795+with IC 5-14-3 (access to public records); and
796+(iii) information protected by the Family Education
797+Rights and Privacy Act (20 U.S.C. 1232g et seq.) may not
798+be released.
799+(B) Instructions on how a person may request additional
800+information from the state educational institution about an
801+incident contained in the public report.
802+SECTION 8. IC 22-14-2-13 IS ADDED TO THE INDIANA CODE
803+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
804+1, 2024]: Sec. 13. (a) An individual who is at least sixteen (16) years
805+of age may enroll in and attend a training program for certification
806+as a:
807+(1) Firefighter I;
808+(2) Firefighter II; or
809+(3) emergency medical technician.
810+(b) This section does not affect the minimum age requirements
811+for:
812+(1) employment as a firefighter or emergency medical
813+technician; or
814+(2) certification by a national certification agency.
815+SECTION 9. [EFFECTIVE JULY 1, 2024] (a) The board of
816+firefighting personnel standards and education shall adopt rules
817+under IC 4-22-2 to amend 655 IAC 1-1-1.1 to conform with
818+IC 22-14-2-13, as amended by this act.
819+(b) This SECTION expires July 1, 2025.
820+SECTION 10. [EFFECTIVE JULY 1, 2024] (a) A literacy
821+achievement grant received by a school corporation or charter
822+school is not subject to collective bargaining under IC 20-29.
823+ES 282—LS 6915/DI 148 20
824+(b) This SECTION expires July 1, 2026.".
825+Delete page 6.
826+Renumber all SECTIONS consecutively.
827+and when so amended that said bill do pass.
828+(Reference is to SB 282 as printed February 2, 2024.)
829+BEHNING
830+Committee Vote: yeas 9, nays 2.
831+ES 282—LS 6915/DI 148