Indiana 2025 Regular Session

Indiana House Bill HB1201 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1201.1~~
2		-	~~January 27, 2025~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1201
4	4		_____
5		-	DIGEST OF HB 1201 (Updated January 22, 2025 1:19 pm - DI 110)
6		-	Citations Affected: IC 20-18; IC 20-19; IC 20-26; IC 20-33.
7		-	Synopsis: Education matters. Defines "chronically absent". Requires
8		-	the department of education (department) to do the following: (1)
9		-	Create a list of best practices to reduce student discipline and chronic
10		-	absenteeism. (2) Study and prepare a report regarding the basis for the
11		-	categorization of certain suspensions and expulsions. (3) Establish a
12		-	categorization framework to distinguish between excused and
13		-	unexcused absences based on the reason for the absence. (4) Collect
14		-	certain information regarding absences from school corporations and
15		-	charter schools. (5) Prepare and post a report regarding the information
16		-	on the department's website. Provides that the absence policy adopted
17		-	by the governing body of a school corporation must provide for the
18		-	categorization of excused and unexcused absences in accordance with
19		-	the categorization framework established by the department. Allows a
20		-	prosecuting attorney to conduct a meeting, collaborate, and make
21		-	reasonable efforts to secure appropriate support services for a child and
22		-	the child's family before filing an affidavit with regard to a violation of
23		-	compulsory school attendance requirements. Requires a public school
24		-	to hold an attendance conference not later than 10 instructional days
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 20-19-3; IC 20-20-50; IC 20-26-5-32;
	7	+	IC 20-33.
	8	+	Synopsis: Education matters. Requires the department of education
	9	+	(department) to do the following: (1) Create a list of best practices for
	10	+	student discipline and to reduce chronic absenteeism. (2) Study and
	11	+	submit certain reports and recommendations regarding: (A) excused
	12	+	absences and unexcused absences; and (B) suspensions and expulsions
	13	+	categories. Establishes the Indiana next generation high school success
	14	+	grant program and fund and requires the department to administer the
	15	+	program and fund. Requires public schools to use the department's
	16	+	early warning dashboard and take appropriate intervention measures
	17	+	regarding students with attendance issues. Requires a public school to
	18	+	hold an attendance conference not later than 10 instructional days
25	19		(instead of five instructional days) after the student's fifth absence.
26	20		Prohibits a public school from expelling or suspending a student solely
27	21		because the student is chronically absent or a habitual truant.
28	22		Effective: July 1, 2025.
29		-	Behning~~, Klinker, Smith V~~
	23	+	Behning
30	24		January 8, 2025, read first time and referred to Committee on Education.
31		-	January 27, 2025, amended, reported — Do Pass.
32		-	HB 1201—LS 7449/DI 110 January 27, 2025
	25	+	2025 IN 1201—LS 7449/DI 110 Introduced
33	26		First Regular Session of the 124th General Assembly (2025)
34	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
36	29		additions will appear in this style type, and deletions will appear in this style type.
37	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	31		provision adopted), the text of the new provision will appear in this style type. Also, the
39	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	33		a new provision to the Indiana Code or the Indiana Constitution.
41	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	35		between statutes enacted by the 2024 Regular Session of the General Assembly.
43	36		HOUSE BILL No. 1201
44	37		A BILL FOR AN ACT to amend the Indiana Code concerning
45	38		education.
46	39		Be it enacted by the General Assembly of the State of Indiana:
47		-	1 SECTION 1. IC 20-18-2-2.4 IS ADDED TO THE INDIANA CODE
48		-	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
49		-	3 1, 2025]: Sec. 2.4. "Chronically absent" means missing ten percent
50		-	4 (10%) or more of a school year for any reason.
51		-	5 SECTION 2. IC 20-19-3-12.2, AS AMENDED BY P.L.233-2015,
52		-	6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
53		-	7 JULY 1, 2025]: Sec. 12.2. (a) The department shall make reduction of
54		-	8 absenteeism in schools a policy priority and provide assistance and
55		-	9 guidance to school corporations and schools in:
56		-	10 (1) identifying contributing factors of absenteeism; and
57		-	11 (2) developing chronic absence reduction plans that school
58		-	12 corporations may elect to include as a component of the school
59		-	13 improvement plans required under IC 20-31-5.
60		-	14 (b) The department shall:
61		-	15 (1) create a list of best practices to; and
62		-	16 (2) provide resources and guidance to school corporations
63		-	17 concerning evidence based practices and effective strategies that;
64		-	HB 1201—LS 7449/DI 110 2
65		-	1 reduce absenteeism in schools. However, subject to section 12.4 of
66		-	2 this chapter, the department may not mandate a particular policy
67		-	3 within a chronic absence reduction plan adopted by a school
68		-	4 corporation or school.
69		-	5 SECTION 3. IC 20-19-3-12.4 IS ADDED TO THE INDIANA
70		-	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
71		-	7 [EFFECTIVE JULY 1, 2025]: Sec. 12.4. (a) The department shall
72		-	8 establish a categorization framework to distinguish between
73		-	9 excused and unexcused absences based on the reason for the
74		-	10 absence.
75		-	11 (b) The department shall annually do the following:
76		-	12 (1) Collect information from each school corporation and
77		-	13 charter school for each school year regarding the number of
78		-	14 absences for each category described in subsection (a),
79		-	15 including the reason for the absence.
80		-	16 (2) Prepare a report that includes information collected under
81		-	17 subdivision (1), including the information disaggregated by:
82		-	18 (A) race;
83		-	19 (B) gender;
84		-	20 (C) grade;
85		-	21 (D) ethnicity;
86		-	22 (E) limited English language proficiency;
87		-	23 (F) free or reduced price lunch status; and
88		-	24 (G) eligibility for special education.
89		-	25 (3) Post the report on the department's website.
90		-	26 SECTION 4. IC 20-19-3-37 IS ADDED TO THE INDIANA CODE
91		-	27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
92		-	28 1, 2025]: Sec. 37. (a) The department shall do the following:
93		-	29 (1) Study the basis for student suspensions and expulsions
94		-	30 categorized as "other" by school corporations.
95		-	31 (2) Prepare a report that includes the following:
96		-	32 (A) Information concerning the study under subdivision
97		-	33 (1).
98		-	34 (B) Any recommendation regarding expanding the
99		-	35 suspension and expulsion category options.
100		-	36 (3) Not later than November 1, 2025, submit the report
101		-	37 prepared under subdivision (2) to the legislative council in an
102		-	38 electronic format under IC 5-14-6.
103		-	39 (b) This section expires July 1, 2026.
104		-	40 SECTION 5. IC 20-26-5-32, AS AMENDED BY P.L.151-2018,
105		-	41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
106		-	42 JULY 1, 2025]: Sec. 32. (a) The governing body of each school
107		-	HB 1201—LS 7449/DI 110 3
108		-	1 corporation shall work with parents to:
109		-	2 (1) develop; and
110		-	3 (2) review periodically;
111		-	4 an evidence based plan for improving student behavior and discipline
112		-	5 in the school corporation after receiving a model plan developed by the
113		-	6 department.
114		-	7 (b) The model plan developed by the department under subsection
115		-	8 (a) must:
116		-	9 (1) reduce out-of-school suspension and disproportionality in
117		-	10 discipline and expulsion;
118		-	11 (2) limit referrals to law enforcement and arrests on school
119		-	12 property to cases in which referral to law enforcement or arrest is
120		-	13 necessary to protect the health and safety of students or school
121		-	14 employees; and
122		-	15 (3) include policies to address instances of bullying and
123		-	16 cyberbullying on school property of a school corporation.
124		-	17 (c) Beginning in the 2019-2020 school year, the department, in
125		-	18 collaboration with parent organizations, teacher organizations,
126		-	19 educational support professional organizations, and state educational
127		-	20 institutions, shall, upon a school corporation's request, provide
128		-	21 information and assistance to the school corporation regarding the
129		-	22 implementation of the school corporation's evidence based plan
130		-	23 developed under subsection (a) to ensure that teachers and
131		-	24 administrators receive appropriate professional development and other
132		-	25 resources in preparation for carrying out the plan.
133		-	26 (d) The department shall:
134		-	27 (1) create a list of best practices to reduce student discipline;
135		-	28 and
136		-	29 (2) post the list on the department's website.
137		-	30 SECTION 6. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
138		-	31 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139		-	32 JULY 1, 2025]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
140		-	33 minimum requirements for qualifying for the issuance of a driver's
141		-	34 license or a learner's permit, and subject to subsections (c) through (e),
142		-	35 an individual who is:
143		-	36 (1) at least fifteen (15) years of age and less than eighteen (18)
144		-	37 years of age;
145		-	38 (2) a habitual truant under the definition of habitual truant
146		-	39 established under subsection (b); and
147		-	40 (3) identified in the information submitted to the bureau of motor
148		-	41 vehicles under subsection (f);
149		-	42 may not be issued a driver's license or a learner's permit to drive a
150		-	HB 1201—LS 7449/DI 110 4
151		-	1 motor vehicle under IC 9-24 until the individual is at least eighteen
152		-	2 (18) years of age.
153		-	3 (b) Each governing body may establish and include as part of the
154		-	4 written copy of its discipline rules described in IC 20-33-8-12:
155		-	5 (1) a definition of a child who is designated as a habitual truant,
156		-	6 which must, at a minimum, define the term as a student who is
157		-	7 chronically absent, by having unexcused absences from school for
158		-	8 more than ten (10) days of school in one (1) school year; and
159		-	9 (2) all other pertinent matters related to this action.
160		-	10 (c) An individual described in subsection (a) is entitled to the
161		-	11 procedure described in IC 20-33-8-19.
162		-	12 (d) An individual described in subsection (a) who is at least thirteen
163		-	13 (13) years of age and less than eighteen (18) years of age is entitled to
164		-	14 a periodic review of the individual's attendance record in school to
165		-	15 determine whether the prohibition described in subsection (a) shall
166		-	16 continue. The periodic reviews may not be conducted less than one (1)
167		-	17 time each school year.
168		-	18 (e) Upon review, the governing body may determine that the
169		-	19 individual's attendance record has improved to the degree that the
170		-	20 individual may become eligible to be issued a driver's license or a
171		-	21 learner's permit.
172		-	22 (f) The governing body of the school corporation may submit to the
173		-	23 bureau of motor vehicles the pertinent information concerning an
174		-	24 individual's ineligibility under subsection (a) to be issued a driver's
175		-	25 license or a learner's permit.
176		-	26 (g) The department shall develop guidelines concerning criteria
177		-	27 used in defining a habitual truant that may be considered by a
178		-	28 governing body in complying with subsection (b).
179		-	29 SECTION 7. IC 20-33-2-14, AS AMENDED BY P.L.150-2024,
180		-	30 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
181		-	31 JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.5
182		-	32 of this chapter apply to a student who attends either a public school or
183		-	33 a nonpublic school.
184		-	34 (b) The governing body of each school corporation shall have adopt
185		-	35 a policy:
186		-	36 (1) outlining the conditions for excused and unexcused absences;
187		-	37 and
188		-	38 (2) providing for the categorization of excused and unexcused
189		-	39 absences in accordance with the categorization framework
190		-	40 established by the department under IC 20-19-3-12.4.
191		-	41 (c) The governing body of each school corporation shall have a
192		-	42 policy regarding the participation of a habitually truant in
193		-	HB 1201—LS 7449/DI 110 5
194		-	1 extracurricular and co-curricular activities.
195		-	2 (d) The policy under subsection (b) must include the grounds for
196		-	3 excused absences required by sections 15 through 17.5 of this chapter
197		-	4 or another law.
198		-	5 (e) Any absence that results in a person not attending at least one
199		-	6 hundred eighty (180) days in a school year must be in accordance with
200		-	7 the governing body's policy under subsection (b) to qualify as an
201		-	8 excused absence.
202		-	9 (f) Service as a page for or as an honoree of the general assembly is
203		-	10 a lawful excuse for a student to be absent from school, when verified
204		-	11 by a certificate of the secretary of the senate or the chief clerk of the
205		-	12 house of representatives. A student excused from school attendance
206		-	13 under this section may not be recorded as being absent on any date for
207		-	14 which the excuse is operative and may not be penalized by the school
208		-	15 in any manner.
209		-	16 SECTION 8. IC 20-33-2-26, AS AMENDED BY P.L.125-2024,
210		-	17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211		-	18 JULY 1, 2025]: Sec. 26. (a) It is the duty of each:
212		-	19 (1) superintendent;
213		-	20 (2) attendance officer;
214		-	21 (3) state attendance official;
215		-	22 (4) security police officer appointed under IC 36-8-3-7; and
216		-	23 (5) school corporation police officer appointed under
217		-	24 IC 20-26-16;
218		-	25 to enforce this chapter in their respective jurisdictions and to execute
219		-	26 the affidavits authorized under this section. The duty is several, and the
220		-	27 failure of one (1) or more to act does not excuse another official from
221		-	28 the obligation to enforce this chapter. The duty includes reporting to
222		-	29 the prosecuting attorney that a child is a habitual truant.
223		-	30 (b) An affidavit:
224		-	31 (1) against a parent for a violation of this chapter; and
225		-	32 (2) concerning a child being a habitual truant;
226		-	33 shall be prepared and filed in the same manner and under the procedure
227		-	34 prescribed for filing affidavits for the prosecution of public offenses.
228		-	35 (c) Before a prosecuting attorney files an affidavit described in
229		-	36 subsection (b), the prosecuting attorney may do the following:
230		-	37 (1) Conduct a meeting with the child, the child's parent,
231		-	38 school officials, and any relevant service providers.
232		-	39 (2) In preparation for a meeting described in subdivision (1),
233		-	40 collaborate with the involved parties to develop an
234		-	41 intervention plan to address the child's truancy. The plan may
235		-	42 include referrals to support services, counseling, academic
236		-	HB 1201—LS 7449/DI 110 6
237		-	1 assistance, or other resources intended to reduce the
238		-	2 likelihood of further truancy.
239		-	3 (3) Make reasonable efforts to secure appropriate support
240		-	4 services, including:
241		-	5 (A) mental health services;
242		-	6 (B) family counseling; or
243		-	7 (C) educational support;
244		-	8 for the child and the child's family, as applicable, for the
245		-	9 purpose of addressing the root causes of the truancy.
246		-	10 (d) Upon completion of the development of an intervention plan
247		-	11 and meeting under subsection (c)(1) and (c)(2), the prosecuting
248		-	12 attorney shall provide written notice to the child's parent
249		-	13 summarizing the following:
250		-	14 (1) Outcome of the meeting.
251		-	15 (2) Services or other resources offered.
252		-	16 (3) Conditions for avoiding prosecution, if applicable.
253		-	17 (c) (e) An affidavit under this section shall be filed in a court with
254		-	18 jurisdiction in the county in which the affected child resides.
255		-	19 (d) (f) The prosecuting attorney shall notify each parent of a child
256		-	20 regarding an affidavit described in subsection (b) when the affidavit is
257		-	21 filed under this section.
258		-	22 (e) (g) The prosecuting attorney shall file and prosecute actions
259		-	23 under this section as in other criminal cases.
260		-	24 (f) (h) The court shall promptly hear cases brought under this
261		-	25 section.
262		-	26 SECTION 9. IC 20-33-2-43, AS AMENDED BY P.L.125-2024,
263		-	27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
264		-	28 JULY 1, 2025]: Sec. 43. (a) The secretary of education shall appoint a
265		-	29 state attendance officer. The state attendance officer serves at the
266		-	30 pleasure of the secretary of education and may be removed by the
267		-	31 secretary of education at any time.
268		-	32 (b) The state attendance officer shall:
269		-	33 (1) exercise general supervision over the attendance officers of
270		-	34 Indiana;
271		-	35 (2) visit the various attendance districts throughout Indiana;
272		-	36 (3) inspect the work of the attendance officers; and
273		-	37 (4) investigate the manner in which this chapter is being enforced.
274		-	38 (c) The state attendance officer may initiate court action whenever
275		-	39 necessary for the enforcement of this chapter.
276		-	40 (d) The state attendance officer shall meet at least one (1) time each
277		-	41 year with all attendance officers to:
278		-	42 (1) review data, policies, and procedures; and
279		-	HB 1201—LS 7449/DI 110 7
280		-	1 (2) discuss recommending to the legislative council legislation to
281		-	2 deter absenteeism and to promote school attendance.
282		-	3 (e) Not later than November 1 of each year, the state attendance
283		-	4 officer shall submit a report to the legislative council containing
284		-	5 recommended legislation based on the:
285		-	6 (1) state attendance officer's discussions with attendance officers
286		-	7 under subsection (d) and section 39 of this chapter; and
287		-	8 (2) report prepared by the department under IC 20-19-3-12.4.
288		-	9 A report required by this subsection must be submitted in an electronic
289		-	10 format under IC 5-14-6.
290		-	11 SECTION 10. IC 20-33-2.5-5, AS ADDED BY P.L.125-2024,
291		-	12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
292		-	13 JULY 1, 2025]: Sec. 5. (a) A school shall hold an attendance
293		-	14 conference described in section 4(2) of this chapter not more than five
294		-	15 (5) ten (10) instructional days after the student's fifth absence
295		-	16 described in section 1(2) of this chapter regardless of whether:
296		-	17 (1) the parent of the student; or
297		-	18 (2) a representative described under section 4(2)(D) of this
298		-	19 chapter;
299		-	20 is able to attend the conference.
300		-	21 (b) A school shall make all reasonable efforts to hold an attendance
301		-	22 conference as required under subsection (a) on a date and at a time that
302		-	23 works with the schedule of the student's parent.
303		-	24 SECTION 11. IC 20-33-8-16.5 IS ADDED TO THE INDIANA
304		-	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
305		-	26 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. A public school, including
306		-	27 a charter school, may not expel or suspend a student solely because
307		-	28 the student is chronically absent or a habitual truant.
308		-	HB 1201—LS 7449/DI 110 8
309		-	COMMITTEE REPORT
310		-	Mr. Speaker: Your Committee on Education, to which was referred
311		-	House Bill 1201, has had the same under consideration and begs leave
312		-	to report the same back to the House with the recommendation that said
313		-	bill be amended as follows:
314		-	Page 1, between the enacting clause and line 1, begin a new
315		-	paragraph and insert:
316		-	"SECTION 1. IC 20-18-2-2.4 IS ADDED TO THE INDIANA
317		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
318		-	[EFFECTIVE JULY 1, 2025]: Sec. 2.4. "Chronically absent" means
319		-	missing ten percent (10%) or more of a school year for any
320		-	reason.".
321		-	Page 1, line 14, after "However," insert "subject to section 12.4 of
322		-	this chapter,".
323		-	Page 1, delete line 17, begin a new paragraph and insert:
324		-	"SECTION 3. IC 20-19-3-12.4 IS ADDED TO THE INDIANA
325		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
326		-	[EFFECTIVE JULY 1, 2025]: Sec. 12.4. (a) The department shall
327		-	establish a categorization framework to distinguish between
328		-	excused and unexcused absences based on the reason for the
329		-	absence.
330		-	(b) The department shall annually do the following:
331		-	(1) Collect information from each school corporation and
332		-	charter school for each school year regarding the number of
333		-	absences for each category described in subsection (a),
334		-	including the reason for the absence.
335		-	(2) Prepare a report that includes information collected under
336		-	subdivision (1), including the information disaggregated by:
337		-	(A) race;
338		-	(B) gender;
339		-	(C) grade;
340		-	(D) ethnicity;
341		-	(E) limited English language proficiency;
342		-	(F) free or reduced price lunch status; and
343		-	(G) eligibility for special education.
344		-	(3) Post the report on the department's website.".
345		-	Page 2, delete lines 1 through 17.
346		-	Page 2, delete lines 32 through 42.
347		-	Delete pages 3 through 4.
348		-	Page 5, delete lines 1 through 20.
349		-	Page 6, delete lines 11 through 18, begin a new paragraph and
350		-	insert:
351		-	HB 1201—LS 7449/DI 110 9
352		-	"SECTION 6. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
353		-	SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
354		-	JULY 1, 2025]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
355		-	minimum requirements for qualifying for the issuance of a driver's
356		-	license or a learner's permit, and subject to subsections (c) through (e),
357		-	an individual who is:
358		-	(1) at least fifteen (15) years of age and less than eighteen (18)
359		-	years of age;
360		-	(2) a habitual truant under the definition of habitual truant
361		-	established under subsection (b); and
362		-	(3) identified in the information submitted to the bureau of motor
363		-	vehicles under subsection (f);
364		-	may not be issued a driver's license or a learner's permit to drive a
365		-	motor vehicle under IC 9-24 until the individual is at least eighteen
366		-	(18) years of age.
367		-	(b) Each governing body may establish and include as part of the
368		-	written copy of its discipline rules described in IC 20-33-8-12:
369		-	(1) a definition of a child who is designated as a habitual truant,
370		-	which must, at a minimum, define the term as a student who is
371		-	chronically absent, by having unexcused absences from school for
372		-	more than ten (10) days of school in one (1) school year; and
373		-	(2) all other pertinent matters related to this action.
374		-	(c) An individual described in subsection (a) is entitled to the
375		-	procedure described in IC 20-33-8-19.
376		-	(d) An individual described in subsection (a) who is at least thirteen
377		-	(13) years of age and less than eighteen (18) years of age is entitled to
378		-	a periodic review of the individual's attendance record in school to
379		-	determine whether the prohibition described in subsection (a) shall
380		-	continue. The periodic reviews may not be conducted less than one (1)
381		-	time each school year.
382		-	(e) Upon review, the governing body may determine that the
383		-	individual's attendance record has improved to the degree that the
384		-	individual may become eligible to be issued a driver's license or a
385		-	learner's permit.
386		-	(f) The governing body of the school corporation may submit to the
387		-	bureau of motor vehicles the pertinent information concerning an
388		-	individual's ineligibility under subsection (a) to be issued a driver's
389		-	license or a learner's permit.
390		-	(g) The department shall develop guidelines concerning criteria
391		-	used in defining a habitual truant that may be considered by a
392		-	governing body in complying with subsection (b).
393		-	SECTION 7. IC 20-33-2-14, AS AMENDED BY P.L.150-2024,
394		-	HB 1201—LS 7449/DI 110 10
395		-	SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
396		-	JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.5
397		-	of this chapter apply to a student who attends either a public school or
398		-	a nonpublic school.
399		-	(b) The governing body of each school corporation shall have adopt
400		-	a policy:
401		-	(1) outlining the conditions for excused and unexcused absences;
402		-	and
403		-	(2) providing for the categorization of excused and unexcused
404		-	absences in accordance with the categorization framework
405		-	established by the department under IC 20-19-3-12.4.
406		-	(c) The governing body of each school corporation shall have a
407		-	policy regarding the participation of a habitually truant in
408		-	extracurricular and co-curricular activities.
409		-	(d) The policy under subsection (b) must include the grounds for
410		-	excused absences required by sections 15 through 17.5 of this chapter
411		-	or another law.
412		-	(e) Any absence that results in a person not attending at least one
413		-	hundred eighty (180) days in a school year must be in accordance with
414		-	the governing body's policy under subsection (b) to qualify as an
415		-	excused absence.
416		-	(f) Service as a page for or as an honoree of the general assembly is
417		-	a lawful excuse for a student to be absent from school, when verified
418		-	by a certificate of the secretary of the senate or the chief clerk of the
419		-	house of representatives. A student excused from school attendance
420		-	under this section may not be recorded as being absent on any date for
421		-	which the excuse is operative and may not be penalized by the school
422		-	in any manner.
423		-	SECTION 8. IC 20-33-2-26, AS AMENDED BY P.L.125-2024,
424		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425		-	JULY 1, 2025]: Sec. 26. (a) It is the duty of each:
426		-	(1) superintendent;
427		-	(2) attendance officer;
428		-	(3) state attendance official;
429		-	(4) security police officer appointed under IC 36-8-3-7; and
430		-	(5) school corporation police officer appointed under
431		-	IC 20-26-16;
432		-	to enforce this chapter in their respective jurisdictions and to execute
433		-	the affidavits authorized under this section. The duty is several, and the
434		-	failure of one (1) or more to act does not excuse another official from
435		-	the obligation to enforce this chapter. The duty includes reporting to
436		-	the prosecuting attorney that a child is a habitual truant.
437		-	HB 1201—LS 7449/DI 110 11
438		-	(b) An affidavit:
439		-	(1) against a parent for a violation of this chapter; and
440		-	(2) concerning a child being a habitual truant;
441		-	shall be prepared and filed in the same manner and under the procedure
442		-	prescribed for filing affidavits for the prosecution of public offenses.
443		-	(c) Before a prosecuting attorney files an affidavit described in
444		-	subsection (b), the prosecuting attorney may do the following:
445		-	(1) Conduct a meeting with the child, the child's parent,
446		-	school officials, and any relevant service providers.
447		-	(2) In preparation for a meeting described in subdivision (1),
448		-	collaborate with the involved parties to develop an
449		-	intervention plan to address the child's truancy. The plan may
450		-	include referrals to support services, counseling, academic
451		-	assistance, or other resources intended to reduce the
452		-	likelihood of further truancy.
453		-	(3) Make reasonable efforts to secure appropriate support
454		-	services, including:
455		-	(A) mental health services;
456		-	(B) family counseling; or
457		-	(C) educational support;
458		-	for the child and the child's family, as applicable, for the
459		-	purpose of addressing the root causes of the truancy.
460		-	(d) Upon completion of the development of an intervention plan
461		-	and meeting under subsection (c)(1) and (c)(2), the prosecuting
462		-	attorney shall provide written notice to the child's parent
463		-	summarizing the following:
464		-	(1) Outcome of the meeting.
465		-	(2) Services or other resources offered.
466		-	(3) Conditions for avoiding prosecution, if applicable.
467		-	(c) (e) An affidavit under this section shall be filed in a court with
468		-	jurisdiction in the county in which the affected child resides.
469		-	(d) (f) The prosecuting attorney shall notify each parent of a child
470		-	regarding an affidavit described in subsection (b) when the affidavit is
471		-	filed under this section.
472		-	(e) (g) The prosecuting attorney shall file and prosecute actions
473		-	under this section as in other criminal cases.
474		-	(f) (h) The court shall promptly hear cases brought under this
475		-	section.
476		-	SECTION 9. IC 20-33-2-43, AS AMENDED BY P.L.125-2024,
477		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
478		-	JULY 1, 2025]: Sec. 43. (a) The secretary of education shall appoint a
479		-	state attendance officer. The state attendance officer serves at the
480		-	HB 1201—LS 7449/DI 110 12
481		-	pleasure of the secretary of education and may be removed by the
482		-	secretary of education at any time.
483		-	(b) The state attendance officer shall:
484		-	(1) exercise general supervision over the attendance officers of
485		-	Indiana;
486		-	(2) visit the various attendance districts throughout Indiana;
487		-	(3) inspect the work of the attendance officers; and
488		-	(4) investigate the manner in which this chapter is being enforced.
489		-	(c) The state attendance officer may initiate court action whenever
490		-	necessary for the enforcement of this chapter.
491		-	(d) The state attendance officer shall meet at least one (1) time each
492		-	year with all attendance officers to:
493		-	(1) review data, policies, and procedures; and
494		-	(2) discuss recommending to the legislative council legislation to
495		-	deter absenteeism and to promote school attendance.
496		-	(e) Not later than November 1 of each year, the state attendance
497		-	officer shall submit a report to the legislative council containing
498		-	recommended legislation based on the:
499		-	(1) state attendance officer's discussions with attendance officers
500		-	under subsection (d) and section 39 of this chapter; and
501		-	(2) report prepared by the department under IC 20-19-3-12.4.
502		-	A report required by this subsection must be submitted in an electronic
503		-	format under IC 5-14-6.".
504		-	Renumber all SECTIONS consecutively.
505		-	and when so amended that said bill do pass.
506		-	(Reference is to HB 1201 as introduced.)
507		-	BEHNING
508		-	Committee Vote: yeas 11, nays 0.
509		-	HB 1201—LS 7449/DI 110
	40	+	1 SECTION 1. IC 20-19-3-12.2, AS AMENDED BY P.L.233-2015,
	41	+	2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	42	+	3 JULY 1, 2025]: Sec. 12.2. (a) The department shall make reduction of
	43	+	4 absenteeism in schools a policy priority and provide assistance and
	44	+	5 guidance to school corporations and schools in:
	45	+	6 (1) identifying contributing factors of absenteeism; and
	46	+	7 (2) developing chronic absence reduction plans that school
	47	+	8 corporations may elect to include as a component of the school
	48	+	9 improvement plans required under IC 20-31-5.
	49	+	10 (b) The department shall:
	50	+	11 (1) create a list of best practices to; and
	51	+	12 (2) provide resources and guidance to school corporations
	52	+	13 concerning evidence based practices and effective strategies that;
	53	+	14 reduce absenteeism in schools. However, the department may not
	54	+	15 mandate a particular policy within a chronic absence reduction plan
	55	+	16 adopted by a school corporation or school.
	56	+	17 SECTION 2. IC 20-19-3-36 IS ADDED TO THE INDIANA CODE
	57	+	2025 IN 1201—LS 7449/DI 110 2
	58	+	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	59	+	2 1, 2025]: Sec. 36. (a) The department shall do the following:
	60	+	3 (1) Study the categorization rationale used by schools to
	61	+	4 differentiate between excused absences and unexcused
	62	+	5 absences.
	63	+	6 (2) Prepare a report that includes the following:
	64	+	7 (A) Information concerning the study under subdivision
	65	+	8 (1).
	66	+	9 (B) Any recommendations by the department regarding
	67	+	10 what should qualify as an excused absence and unexcused
	68	+	11 absence.
	69	+	12 (3) Not later than November 1, 2025, submit the report
	70	+	13 prepared under subdivision (2) to the legislative council in an
	71	+	14 electronic format under IC 5-14-6.
	72	+	15 (4) Post any recommendations under subdivision (2) on the
	73	+	16 department's website.
	74	+	17 (b) This section expires July 1, 2026.
	75	+	18 SECTION 3. IC 20-19-3-37 IS ADDED TO THE INDIANA CODE
	76	+	19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	77	+	20 1, 2025]: Sec. 37. (a) The department shall do the following:
	78	+	21 (1) Study the basis for student suspensions and expulsions
	79	+	22 categorized as "other" by school corporations.
	80	+	23 (2) Prepare a report that includes the following:
	81	+	24 (A) Information concerning the study under subdivision
	82	+	25 (1).
	83	+	26 (B) Any recommendation regarding expanding the
	84	+	27 suspension and expulsion category options.
	85	+	28 (3) Not later than November 1, 2025, submit the report
	86	+	29 prepared under subdivision (2) to the legislative council in an
	87	+	30 electronic format under IC 5-14-6.
	88	+	31 (b) This section expires July 1, 2026.
	89	+	32 SECTION 4. IC 20-20-50 IS ADDED TO THE INDIANA CODE
	90	+	33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	91	+	34 JULY 1, 2025]:
	92	+	35 Chapter 50. Indiana Next Generation High School Success
	93	+	36 Grant Program and Fund
	94	+	37 Sec. 1. As used in this chapter, "fund" refers to the Indiana next
	95	+	38 generation high school success grant fund established by section 5
	96	+	39 of this chapter.
	97	+	40 Sec. 2. As used in this chapter, "high school" means a public
	98	+	41 high school, including a charter high school.
	99	+	42 Sec. 3. As used in this chapter, "nonwaiver graduation rate"
	100	+	2025 IN 1201—LS 7449/DI 110 3
	101	+	1 means the graduation rate (as defined in IC 20-26-13-6) but
	102	+	2 excluding students who received a graduation waiver under
	103	+	3 IC 20-32-3 through IC 20-32-5.1.
	104	+	4 Sec. 4. As used in this chapter, "program" refers to the Indiana
	105	+	5 next generation high school success grant program established by
	106	+	6 section 6 of this chapter.
	107	+	7 Sec. 5. (a) The Indiana next generation high school success grant
	108	+	8 fund is established for the purpose of providing grants to school
	109	+	9 corporations or high schools for the purposes described in this
	110	+	10 chapter.
	111	+	11 (b) The fund consists of the following:
	112	+	12 (1) Appropriations made by the general assembly.
	113	+	13 (2) Gifts, grants, devises, or bequests made to the department
	114	+	14 to achieve the purposes of the fund.
	115	+	15 (c) The department shall administer the fund.
	116	+	16 (d) The expenses of administering the fund shall be paid from
	117	+	17 money in the fund.
	118	+	18 (e) The treasurer of state shall invest the money in the fund not
	119	+	19 currently needed to meet the obligations of the fund in the same
	120	+	20 manner as other public funds may be invested. Interest that
	121	+	21 accrues from these investments shall be deposited in the fund.
	122	+	22 (f) Money in the fund at the end of a state fiscal year does not
	123	+	23 revert to the state general fund.
	124	+	24 Sec. 6. (a) The Indiana next generation high school success grant
	125	+	25 program is established.
	126	+	26 (b) The department shall administer the program.
	127	+	27 Sec. 7. To receive a grant under this chapter, a school
	128	+	28 corporation or high school must submit an application in a manner
	129	+	29 prescribed by the department that includes the following
	130	+	30 information:
	131	+	31 (1) If the applicant is a school corporation, the high school for
	132	+	32 which the school corporation is requesting the grant.
	133	+	33 (2) The applicable high school's nonwaiver graduation rate
	134	+	34 for the immediately preceding four (4) school years.
	135	+	35 (3) Information regarding the organization described in
	136	+	36 section 9 of this chapter with which the school corporation or
	137	+	37 high school intends to work.
	138	+	38 (4) Any additional information required by the department.
	139	+	39 Sec. 8. (a) Subject to subsection (b), the department may award
	140	+	40 a grant to a school corporation or high school that meets the
	141	+	41 requirements of section 7 of this chapter.
	142	+	42 (b) In awarding grants under this chapter, the department shall:
	143	+	2025 IN 1201—LS 7449/DI 110 4
	144	+	1 (1) prioritize awarding grants to:
	145	+	2 (A) school corporations of eligible high schools; and
	146	+	3 (B) eligible high schools;
	147	+	4 that have nonwaiver graduation rates that are below the
	148	+	5 average nonwaiver graduation rate of all high schools in
	149	+	6 Indiana; and
	150	+	7 (2) to the extent possible, distribute to school corporations and
	151	+	8 eligible high schools described in subdivision (1) a total of
	152	+	9 more than fifty percent (50%) of the funds available for
	153	+	10 grants under this chapter.
	154	+	11 Sec. 9. A school corporation or high school that receives a grant
	155	+	12 under this chapter shall use the grant amount to pay for direct
	156	+	13 coaching and training of high school administrators and teachers
	157	+	14 by one (1) or more organizations that have a demonstrated record
	158	+	15 of success in working with high schools in:
	159	+	16 (1) increasing:
	160	+	17 (A) the rate of students in grade 9 who are on track
	161	+	18 academically; and
	162	+	19 (B) student participation in academic classes that are
	163	+	20 leading indicators of postsecondary success, including
	164	+	21 participation in dual enrollment and advanced placement
	165	+	22 classes; and
	166	+	23 (2) lowering rates of chronic absenteeism.
	167	+	24 Sec. 10. A school corporation or high school that receives a
	168	+	25 grant under this chapter shall implement a grade 9 success
	169	+	26 program that, at a minimum, does the following:
	170	+	27 (1) Uses a data system that provides real time access to a
	171	+	28 student's behavior, attendance, and grades with the ability to
	172	+	29 compare the data across demographics.
	173	+	30 (2) Identifies and prioritizes support for students who are not
	174	+	31 on track to graduate on time.
	175	+	32 (3) Ensures that teachers receive data concerning the
	176	+	33 incoming grade 9 students before the start of the school year.
	177	+	34 (4) Ensures teachers receive professional development
	178	+	35 concerning how to use data to inform instruction.
	179	+	36 (5) Establishes collaborative, cross-disciplinary teacher teams
	180	+	37 to implement student support.
	181	+	38 (6) To the extent possible, ensures middle school teachers
	182	+	39 provide information to grade 9 teachers concerning incoming
	183	+	40 grade 9 students.
	184	+	41 (7) Provides a summer orientation for incoming grade 9
	185	+	42 students and parents of grade 9 students to introduce students
	186	+	2025 IN 1201—LS 7449/DI 110 5
	187	+	1 to the behavioral and academic expectations of high school.
	188	+	2 (8) Evaluates the impact of the interventions provided
	189	+	3 through the grade 9 success program.
	190	+	4 Sec. 11. The department shall do the following:
	191	+	5 (1) Use a portion of the money in the fund to contract with an
	192	+	6 evaluator to measure the student outcomes and other results
	193	+	7 of the program.
	194	+	8 (2) Prepare a report that includes information regarding the
	195	+	9 program, including the:
	196	+	10 (A) information provided to the department by the
	197	+	11 evaluator under subdivision (1); and
	198	+	12 (B) impact of the interventions provided through the grade
	199	+	13 9 success program.
	200	+	14 (3) Not later than December 1, 2027, submit the report
	201	+	15 prepared under subdivision (2) to the:
	202	+	16 (A) state board; and
	203	+	17 (B) legislative council in an electronic format under
	204	+	18 IC 5-14-6.
	205	+	19 Sec. 12. The state board may adopt rules under IC 4-22-2 to
	206	+	20 implement this chapter.
	207	+	21 SECTION 5. IC 20-26-5-32, AS AMENDED BY P.L.151-2018,
	208	+	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	209	+	23 JULY 1, 2025]: Sec. 32. (a) The governing body of each school
	210	+	24 corporation shall work with parents to:
	211	+	25 (1) develop; and
	212	+	26 (2) review periodically;
	213	+	27 an evidence based plan for improving student behavior and discipline
	214	+	28 in the school corporation after receiving a model plan developed by the
	215	+	29 department.
	216	+	30 (b) The model plan developed by the department under subsection
	217	+	31 (a) must:
	218	+	32 (1) reduce out-of-school suspension and disproportionality in
	219	+	33 discipline and expulsion;
	220	+	34 (2) limit referrals to law enforcement and arrests on school
	221	+	35 property to cases in which referral to law enforcement or arrest is
	222	+	36 necessary to protect the health and safety of students or school
	223	+	37 employees; and
	224	+	38 (3) include policies to address instances of bullying and
	225	+	39 cyberbullying on school property of a school corporation.
	226	+	40 (c) Beginning in the 2019-2020 school year, the department, in
	227	+	41 collaboration with parent organizations, teacher organizations,
	228	+	42 educational support professional organizations, and state educational
	229	+	2025 IN 1201—LS 7449/DI 110 6
	230	+	1 institutions, shall, upon a school corporation's request, provide
	231	+	2 information and assistance to the school corporation regarding the
	232	+	3 implementation of the school corporation's evidence based plan
	233	+	4 developed under subsection (a) to ensure that teachers and
	234	+	5 administrators receive appropriate professional development and other
	235	+	6 resources in preparation for carrying out the plan.
	236	+	7 (d) The department shall:
	237	+	8 (1) create a list of best practices to reduce student discipline;
	238	+	9 and
	239	+	10 (2) post the list on the department's website.
	240	+	11 SECTION 6. IC 20-33-2-48 IS ADDED TO THE INDIANA CODE
	241	+	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	242	+	13 1, 2025]: Sec. 48. Each public school, including a charter school,
	243	+	14 must:
	244	+	15 (1) use the department's early warning dashboard under
	245	+	16 IC 20-19-3-23, if available; and
	246	+	17 (2) take appropriate intervention measures regarding
	247	+	18 students with attendance issues.
	248	+	19 SECTION 7. IC 20-33-2.5-5, AS ADDED BY P.L.125-2024,
	249	+	20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	250	+	21 JULY 1, 2025]: Sec. 5. (a) A school shall hold an attendance
	251	+	22 conference described in section 4(2) of this chapter not more than five
	252	+	23 (5) ten (10) instructional days after the student's fifth absence
	253	+	24 described in section 1(2) of this chapter regardless of whether:
	254	+	25 (1) the parent of the student; or
	255	+	26 (2) a representative described under section 4(2)(D) of this
	256	+	27 chapter;
	257	+	28 is able to attend the conference.
	258	+	29 (b) A school shall make all reasonable efforts to hold an attendance
	259	+	30 conference as required under subsection (a) on a date and at a time that
	260	+	31 works with the schedule of the student's parent.
	261	+	32 SECTION 8. IC 20-33-8-16.5 IS ADDED TO THE INDIANA
	262	+	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
	263	+	34 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. A public school, including
	264	+	35 a charter school, may not expel or suspend a student solely because
	265	+	36 the student is chronically absent or a habitual truant.
	266	+	2025 IN 1201—LS 7449/DI 110