Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 282
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-18-2-26.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 26.5. "Truancy prevention
measure" means an action designed to:
(1) address truancy before a child becomes a habitual truant;
and
(2) minimize the need for:
(A) referrals to a voluntary truancy prevention program;
or
(B) reports to a juvenile court.
SECTION 2. 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
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the obligation to enforce this chapter. The duty includes reporting to
the prosecuting attorney that a child is a habitual truant.
(b) An affidavit:
(1) against a parent for a violation of this chapter; and
(2) concerning a child being a habitual truant;
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 a child
regarding 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.
SECTION 3. IC 20-33-2-39, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 39. An attendance officer has the following duties:
(1) To serve subject to the rules, direction, and control of the
superintendent in the attendance officer's attendance district.
(2) To maintain an office at a place designated by the
superintendent.
(3) To be on duty during school hours and at other times as the
superintendent may request.
(4) To keep records and make reports as required by the state
board.
(5) To visit the homes of children who are absent from school or
who are reported to be in need of books, clothing, or parental
care.
(6) Whenever the superintendent directs or approves it, to bring
suit to enforce any provision of this chapter that is being violated.
(7) To serve written notice on any parent whose child is out of
school illegally.
(8) To visit factories where children are employed.
(9) To implement the truancy prevention measures required
under IC 20-33-2.5.
(10) To meet at least one (1) time each year with the
department of child services and the intake officer for the
juvenile court to discuss the effectiveness of truancy
prevention measures adopted in the attendance officer's
jurisdiction.
(11) To meet at least one (1) time each year with the state
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attendance officer to:
(A) review data, policies, and procedures; and
(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.
(9) (12) To perform other duties necessary for complete
enforcement of this chapter and IC 20-33-2.5.
SECTION 4. IC 20-33-2-42, AS AMENDED BY P.L.43-2021,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 42. The secretary of education
shall:
(1) prescribe duties for the state attendance officer not provided
by law;
(2) design and require use of a system of attendance reports,
records, and forms necessary for the enforcement of this chapter;
and
(3) establish guidance regarding truancy prevention policies
adopted by governing authorities in accordance with
IC 20-33-2.5; and
(3) (4) perform all other duties necessary for the complete
enforcement of this chapter.
SECTION 5. IC 20-33-2-43, AS AMENDED BY P.L.43-2021,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 43. (a) The secretary of education
shall appoint a state attendance officer. The state attendance officer
serves at the pleasure of the secretary of education and may be removed
by the secretary of education at any time.
(b) The state attendance officer shall:
(1) exercise general supervision over the attendance officers of
Indiana;
(2) visit the various attendance districts throughout Indiana;
(3) inspect the work of the attendance officers; and
(4) investigate the manner in which this chapter is being enforced.
(c) The state attendance officer may initiate court action whenever
necessary for the enforcement of this chapter.
(d) The state attendance officer shall meet at least one (1) time
each year with all attendance officers to:
(1) review data, policies, and procedures; and
(2) discuss recommending to the legislative council legislation
to deter absenteeism and to promote school attendance.
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(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 6. 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
period without being:
(A) excused; or
(B) 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.
Sec. 2. As used in this chapter, "governing authority" refers to
the:
(1) governing body of a school corporation; or
(2) organizer of a charter school.
Sec. 3. As used in this chapter, "school" refers to a public
school, including a charter school.
Sec. 4. Each governing authority 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:
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(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
under IC 35-46-1-4.
(2) Except as provided under section 5 of this chapter, a
school shall hold an attendance conference with at least 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.
(D) A representative chosen by the student's parent who
may provide insight into the student's absenteeism if the
student's parent:
(i) makes a request to the school that the representative
attend; and
(ii) provides notice to the school regarding the
identification of the representative;
at least forty-eight (48) hours before the attendance
conference.
(3) A school shall establish a plan under subdivision (2) that
may include the following:
(A) Any wraparound 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
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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 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 or 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) 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:
(1) the parent of the student; or
(2) a representative described under section 4(2)(D) of this
chapter;
is able to attend the conference.
(b) A school shall make all reasonable efforts to hold an
attendance conference as required under subsection (a) on a date
and at a time that works with the schedule of the student's parent.
SEA 282 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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