*HB1201.1*
January 27, 2025
HOUSE BILL No. 1201
_____
DIGEST OF HB 1201 (Updated January 22, 2025 1:19 pm - DI 110)
Citations Affected: IC 20-18; IC 20-19; IC 20-26; IC 20-33.
Synopsis: Education matters. Defines "chronically absent". Requires
the department of education (department) to do the following: (1)
Create a list of best practices to reduce student discipline and chronic
absenteeism. (2) Study and prepare a report regarding the basis for the
categorization of certain suspensions and expulsions. (3) Establish a
categorization framework to distinguish between excused and
unexcused absences based on the reason for the absence. (4) Collect
certain information regarding absences from school corporations and
charter schools. (5) Prepare and post a report regarding the information
on the department's website. Provides that the absence policy adopted
by the governing body of a school corporation must provide for the
categorization of excused and unexcused absences in accordance with
the categorization framework established by the department. Allows a
prosecuting attorney to conduct a meeting, collaborate, and make
reasonable efforts to secure appropriate support services for a child and
the child's family before filing an affidavit with regard to a violation of
compulsory school attendance requirements. Requires a public school
to hold an attendance conference not later than 10 instructional days
(instead of five instructional days) after the student's fifth absence.
Prohibits a public school from expelling or suspending a student solely
because the student is chronically absent or a habitual truant.
Effective: July 1, 2025.
Behning, Klinker, Smith V
January 8, 2025, read first time and referred to Committee on Education.
January 27, 2025, amended, reported — Do Pass.
HB 1201—LS 7449/DI 110 January 27, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1201
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-18-2-2.4 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 2.4. "Chronically absent" means missing ten percent
4 (10%) or more of a school year for any reason.
5 SECTION 2. IC 20-19-3-12.2, AS AMENDED BY P.L.233-2015,
6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 12.2. (a) The department shall make reduction of
8 absenteeism in schools a policy priority and provide assistance and
9 guidance to school corporations and schools in:
10 (1) identifying contributing factors of absenteeism; and
11 (2) developing chronic absence reduction plans that school
12 corporations may elect to include as a component of the school
13 improvement plans required under IC 20-31-5.
14 (b) The department shall:
15 (1) create a list of best practices to; and
16 (2) provide resources and guidance to school corporations
17 concerning evidence based practices and effective strategies that;
HB 1201—LS 7449/DI 110 2
1 reduce absenteeism in schools. However, subject to section 12.4 of
2 this chapter, the department may not mandate a particular policy
3 within a chronic absence reduction plan adopted by a school
4 corporation or school.
5 SECTION 3. IC 20-19-3-12.4 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 12.4. (a) The department shall
8 establish a categorization framework to distinguish between
9 excused and unexcused absences based on the reason for the
10 absence.
11 (b) The department shall annually do the following:
12 (1) Collect information from each school corporation and
13 charter school for each school year regarding the number of
14 absences for each category described in subsection (a),
15 including the reason for the absence.
16 (2) Prepare a report that includes information collected under
17 subdivision (1), including the information disaggregated by:
18 (A) race;
19 (B) gender;
20 (C) grade;
21 (D) ethnicity;
22 (E) limited English language proficiency;
23 (F) free or reduced price lunch status; and
24 (G) eligibility for special education.
25 (3) Post the report on the department's website.
26 SECTION 4. IC 20-19-3-37 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2025]: Sec. 37. (a) The department shall do the following:
29 (1) Study the basis for student suspensions and expulsions
30 categorized as "other" by school corporations.
31 (2) Prepare a report that includes the following:
32 (A) Information concerning the study under subdivision
33 (1).
34 (B) Any recommendation regarding expanding the
35 suspension and expulsion category options.
36 (3) Not later than November 1, 2025, submit the report
37 prepared under subdivision (2) to the legislative council in an
38 electronic format under IC 5-14-6.
39 (b) This section expires July 1, 2026.
40 SECTION 5. IC 20-26-5-32, AS AMENDED BY P.L.151-2018,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 32. (a) The governing body of each school
HB 1201—LS 7449/DI 110 3
1 corporation shall work with parents to:
2 (1) develop; and
3 (2) review periodically;
4 an evidence based plan for improving student behavior and discipline
5 in the school corporation after receiving a model plan developed by the
6 department.
7 (b) The model plan developed by the department under subsection
8 (a) must:
9 (1) reduce out-of-school suspension and disproportionality in
10 discipline and expulsion;
11 (2) limit referrals to law enforcement and arrests on school
12 property to cases in which referral to law enforcement or arrest is
13 necessary to protect the health and safety of students or school
14 employees; and
15 (3) include policies to address instances of bullying and
16 cyberbullying on school property of a school corporation.
17 (c) Beginning in the 2019-2020 school year, the department, in
18 collaboration with parent organizations, teacher organizations,
19 educational support professional organizations, and state educational
20 institutions, shall, upon a school corporation's request, provide
21 information and assistance to the school corporation regarding the
22 implementation of the school corporation's evidence based plan
23 developed under subsection (a) to ensure that teachers and
24 administrators receive appropriate professional development and other
25 resources in preparation for carrying out the plan.
26 (d) The department shall:
27 (1) create a list of best practices to reduce student discipline;
28 and
29 (2) post the list on the department's website.
30 SECTION 6. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
31 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
33 minimum requirements for qualifying for the issuance of a driver's
34 license or a learner's permit, and subject to subsections (c) through (e),
35 an individual who is:
36 (1) at least fifteen (15) years of age and less than eighteen (18)
37 years of age;
38 (2) a habitual truant under the definition of habitual truant
39 established under subsection (b); and
40 (3) identified in the information submitted to the bureau of motor
41 vehicles under subsection (f);
42 may not be issued a driver's license or a learner's permit to drive a
HB 1201—LS 7449/DI 110 4
1 motor vehicle under IC 9-24 until the individual is at least eighteen
2 (18) years of age.
3 (b) Each governing body may establish and include as part of the
4 written copy of its discipline rules described in IC 20-33-8-12:
5 (1) a definition of a child who is designated as a habitual truant,
6 which must, at a minimum, define the term as a student who is
7 chronically absent, by having unexcused absences from school for
8 more than ten (10) days of school in one (1) school year; and
9 (2) all other pertinent matters related to this action.
10 (c) An individual described in subsection (a) is entitled to the
11 procedure described in IC 20-33-8-19.
12 (d) An individual described in subsection (a) who is at least thirteen
13 (13) years of age and less than eighteen (18) years of age is entitled to
14 a periodic review of the individual's attendance record in school to
15 determine whether the prohibition described in subsection (a) shall
16 continue. The periodic reviews may not be conducted less than one (1)
17 time each school year.
18 (e) Upon review, the governing body may determine that the
19 individual's attendance record has improved to the degree that the
20 individual may become eligible to be issued a driver's license or a
21 learner's permit.
22 (f) The governing body of the school corporation may submit to the
23 bureau of motor vehicles the pertinent information concerning an
24 individual's ineligibility under subsection (a) to be issued a driver's
25 license or a learner's permit.
26 (g) The department shall develop guidelines concerning criteria
27 used in defining a habitual truant that may be considered by a
28 governing body in complying with subsection (b).
29 SECTION 7. IC 20-33-2-14, AS AMENDED BY P.L.150-2024,
30 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.5
32 of this chapter apply to a student who attends either a public school or
33 a nonpublic school.
34 (b) The governing body of each school corporation shall have adopt
35 a policy:
36 (1) outlining the conditions for excused and unexcused absences;
37 and
38 (2) providing for the categorization of excused and unexcused
39 absences in accordance with the categorization framework
40 established by the department under IC 20-19-3-12.4.
41 (c) The governing body of each school corporation shall have a
42 policy regarding the participation of a habitually truant in
HB 1201—LS 7449/DI 110 5
1 extracurricular and co-curricular activities.
2 (d) The policy under subsection (b) must include the grounds for
3 excused absences required by sections 15 through 17.5 of this chapter
4 or another law.
5 (e) Any absence that results in a person not attending at least one
6 hundred eighty (180) days in a school year must be in accordance with
7 the governing body's policy under subsection (b) to qualify as an
8 excused absence.
9 (f) Service as a page for or as an honoree of the general assembly is
10 a lawful excuse for a student to be absent from school, when verified
11 by a certificate of the secretary of the senate or the chief clerk of the
12 house of representatives. A student excused from school attendance
13 under this section may not be recorded as being absent on any date for
14 which the excuse is operative and may not be penalized by the school
15 in any manner.
16 SECTION 8. IC 20-33-2-26, AS AMENDED BY P.L.125-2024,
17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 26. (a) It is the duty of each:
19 (1) superintendent;
20 (2) attendance officer;
21 (3) state attendance official;
22 (4) security police officer appointed under IC 36-8-3-7; and
23 (5) school corporation police officer appointed under
24 IC 20-26-16;
25 to enforce this chapter in their respective jurisdictions and to execute
26 the affidavits authorized under this section. The duty is several, and the
27 failure of one (1) or more to act does not excuse another official from
28 the obligation to enforce this chapter. The duty includes reporting to
29 the prosecuting attorney that a child is a habitual truant.
30 (b) An affidavit:
31 (1) against a parent for a violation of this chapter; and
32 (2) concerning a child being a habitual truant;
33 shall be prepared and filed in the same manner and under the procedure
34 prescribed for filing affidavits for the prosecution of public offenses.
35 (c) Before a prosecuting attorney files an affidavit described in
36 subsection (b), the prosecuting attorney may do the following:
37 (1) Conduct a meeting with the child, the child's parent,
38 school officials, and any relevant service providers.
39 (2) In preparation for a meeting described in subdivision (1),
40 collaborate with the involved parties to develop an
41 intervention plan to address the child's truancy. The plan may
42 include referrals to support services, counseling, academic
HB 1201—LS 7449/DI 110 6
1 assistance, or other resources intended to reduce the
2 likelihood of further truancy.
3 (3) Make reasonable efforts to secure appropriate support
4 services, including:
5 (A) mental health services;
6 (B) family counseling; or
7 (C) educational support;
8 for the child and the child's family, as applicable, for the
9 purpose of addressing the root causes of the truancy.
10 (d) Upon completion of the development of an intervention plan
11 and meeting under subsection (c)(1) and (c)(2), the prosecuting
12 attorney shall provide written notice to the child's parent
13 summarizing the following:
14 (1) Outcome of the meeting.
15 (2) Services or other resources offered.
16 (3) Conditions for avoiding prosecution, if applicable.
17 (c) (e) An affidavit under this section shall be filed in a court with
18 jurisdiction in the county in which the affected child resides.
19 (d) (f) The prosecuting attorney shall notify each parent of a child
20 regarding an affidavit described in subsection (b) when the affidavit is
21 filed under this section.
22 (e) (g) The prosecuting attorney shall file and prosecute actions
23 under this section as in other criminal cases.
24 (f) (h) The court shall promptly hear cases brought under this
25 section.
26 SECTION 9. IC 20-33-2-43, AS AMENDED BY P.L.125-2024,
27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 43. (a) The secretary of education shall appoint a
29 state attendance officer. The state attendance officer serves at the
30 pleasure of the secretary of education and may be removed by the
31 secretary of education at any time.
32 (b) The state attendance officer shall:
33 (1) exercise general supervision over the attendance officers of
34 Indiana;
35 (2) visit the various attendance districts throughout Indiana;
36 (3) inspect the work of the attendance officers; and
37 (4) investigate the manner in which this chapter is being enforced.
38 (c) The state attendance officer may initiate court action whenever
39 necessary for the enforcement of this chapter.
40 (d) The state attendance officer shall meet at least one (1) time each
41 year with all attendance officers to:
42 (1) review data, policies, and procedures; and
HB 1201—LS 7449/DI 110 7
1 (2) discuss recommending to the legislative council legislation to
2 deter absenteeism and to promote school attendance.
3 (e) Not later than November 1 of each year, the state attendance
4 officer shall submit a report to the legislative council containing
5 recommended legislation based on the:
6 (1) state attendance officer's discussions with attendance officers
7 under subsection (d) and section 39 of this chapter; and
8 (2) report prepared by the department under IC 20-19-3-12.4.
9 A report required by this subsection must be submitted in an electronic
10 format under IC 5-14-6.
11 SECTION 10. IC 20-33-2.5-5, AS ADDED BY P.L.125-2024,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 5. (a) A school shall hold an attendance
14 conference described in section 4(2) of this chapter not more than five
15 (5) ten (10) instructional days after the student's fifth absence
16 described in section 1(2) of this chapter regardless of whether:
17 (1) the parent of the student; or
18 (2) a representative described under section 4(2)(D) of this
19 chapter;
20 is able to attend the conference.
21 (b) A school shall make all reasonable efforts to hold an attendance
22 conference as required under subsection (a) on a date and at a time that
23 works with the schedule of the student's parent.
24 SECTION 11. IC 20-33-8-16.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. A public school, including
27 a charter school, may not expel or suspend a student solely because
28 the student is chronically absent or a habitual truant.
HB 1201—LS 7449/DI 110 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1201, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 20-18-2-2.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.4. "Chronically absent" means
missing ten percent (10%) or more of a school year for any
reason.".
Page 1, line 14, after "However," insert "subject to section 12.4 of
this chapter,".
Page 1, delete line 17, begin a new paragraph and insert:
"SECTION 3. IC 20-19-3-12.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.4. (a) The department shall
establish a categorization framework to distinguish between
excused and unexcused absences based on the reason for the
absence.
(b) The department shall annually do the following:
(1) Collect information from each school corporation and
charter school for each school year regarding the number of
absences for each category described in subsection (a),
including the reason for the absence.
(2) Prepare a report that includes information collected under
subdivision (1), including the information disaggregated by:
(A) race;
(B) gender;
(C) grade;
(D) ethnicity;
(E) limited English language proficiency;
(F) free or reduced price lunch status; and
(G) eligibility for special education.
(3) Post the report on the department's website.".
Page 2, delete lines 1 through 17.
Page 2, delete lines 32 through 42.
Delete pages 3 through 4.
Page 5, delete lines 1 through 20.
Page 6, delete lines 11 through 18, begin a new paragraph and
insert:
HB 1201—LS 7449/DI 110 9
"SECTION 6. IC 20-33-2-11, AS AMENDED BY P.L.111-2021,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the
minimum requirements for qualifying for the issuance of a driver's
license or a learner's permit, and subject to subsections (c) through (e),
an individual who is:
(1) at least fifteen (15) years of age and less than eighteen (18)
years of age;
(2) a habitual truant under the definition of habitual truant
established under subsection (b); and
(3) identified in the information submitted to the bureau of motor
vehicles under subsection (f);
may not be issued a driver's license or a learner's permit to drive a
motor vehicle under IC 9-24 until the individual is at least eighteen
(18) years of age.
(b) Each governing body may establish and include as part of the
written copy of its discipline rules described in IC 20-33-8-12:
(1) a definition of a child who is designated as a habitual truant,
which must, at a minimum, define the term as a student who is
chronically absent, by having unexcused absences from school for
more than ten (10) days of school in one (1) school year; and
(2) all other pertinent matters related to this action.
(c) An individual described in subsection (a) is entitled to the
procedure described in IC 20-33-8-19.
(d) An individual described in subsection (a) who is at least thirteen
(13) years of age and less than eighteen (18) years of age is entitled to
a periodic review of the individual's attendance record in school to
determine whether the prohibition described in subsection (a) shall
continue. The periodic reviews may not be conducted less than one (1)
time each school year.
(e) Upon review, the governing body may determine that the
individual's attendance record has improved to the degree that the
individual may become eligible to be issued a driver's license or a
learner's permit.
(f) The governing body of the school corporation may submit to the
bureau of motor vehicles the pertinent information concerning an
individual's ineligibility under subsection (a) to be issued a driver's
license or a learner's permit.
(g) The department shall develop guidelines concerning criteria
used in defining a habitual truant that may be considered by a
governing body in complying with subsection (b).
SECTION 7. IC 20-33-2-14, AS AMENDED BY P.L.150-2024,
HB 1201—LS 7449/DI 110 10
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.5
of this chapter apply to a student who attends either a public school or
a nonpublic school.
(b) The governing body of each school corporation shall have adopt
a policy:
(1) outlining the conditions for excused and unexcused absences;
and
(2) providing for the categorization of excused and unexcused
absences in accordance with the categorization framework
established by the department under IC 20-19-3-12.4.
(c) The governing body of each school corporation shall have a
policy regarding the participation of a habitually truant in
extracurricular and co-curricular activities.
(d) The policy under subsection (b) must include the grounds for
excused absences required by sections 15 through 17.5 of this chapter
or another law.
(e) Any absence that results in a person not attending at least one
hundred eighty (180) days in a school year must be in accordance with
the governing body's policy under subsection (b) to qualify as an
excused absence.
(f) Service as a page for or as an honoree of the general assembly is
a lawful excuse for a student to be absent from school, when verified
by a certificate of the secretary of the senate or the chief clerk of the
house of representatives. A student excused from school attendance
under this section may not be recorded as being absent on any date for
which the excuse is operative and may not be penalized by the school
in any manner.
SECTION 8. IC 20-33-2-26, AS AMENDED BY P.L.125-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 26. (a) It is the duty of each:
(1) superintendent;
(2) attendance officer;
(3) state attendance official;
(4) security police officer appointed under IC 36-8-3-7; and
(5) school corporation police officer appointed under
IC 20-26-16;
to enforce this chapter in their respective jurisdictions and to execute
the affidavits authorized under this section. The duty is several, and the
failure of one (1) or more to act does not excuse another official from
the obligation to enforce this chapter. The duty includes reporting to
the prosecuting attorney that a child is a habitual truant.
HB 1201—LS 7449/DI 110 11
(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) Before a prosecuting attorney files an affidavit described in
subsection (b), the prosecuting attorney may do the following:
(1) Conduct a meeting with the child, the child's parent,
school officials, and any relevant service providers.
(2) In preparation for a meeting described in subdivision (1),
collaborate with the involved parties to develop an
intervention plan to address the child's truancy. The plan may
include referrals to support services, counseling, academic
assistance, or other resources intended to reduce the
likelihood of further truancy.
(3) Make reasonable efforts to secure appropriate support
services, including:
(A) mental health services;
(B) family counseling; or
(C) educational support;
for the child and the child's family, as applicable, for the
purpose of addressing the root causes of the truancy.
(d) Upon completion of the development of an intervention plan
and meeting under subsection (c)(1) and (c)(2), the prosecuting
attorney shall provide written notice to the child's parent
summarizing the following:
(1) Outcome of the meeting.
(2) Services or other resources offered.
(3) Conditions for avoiding prosecution, if applicable.
(c) (e) An affidavit under this section shall be filed in a court with
jurisdiction in the county in which the affected child resides.
(d) (f) 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) (g) The prosecuting attorney shall file and prosecute actions
under this section as in other criminal cases.
(f) (h) The court shall promptly hear cases brought under this
section.
SECTION 9. IC 20-33-2-43, AS AMENDED BY P.L.125-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 43. (a) The secretary of education shall appoint a
state attendance officer. The state attendance officer serves at the
HB 1201—LS 7449/DI 110 12
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.
(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:
(1) state attendance officer's discussions with attendance officers
under subsection (d) and section 39 of this chapter; and
(2) report prepared by the department under IC 20-19-3-12.4.
A report required by this subsection must be submitted in an electronic
format under IC 5-14-6.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1201 as introduced.)
BEHNING
Committee Vote: yeas 11, nays 0.
HB 1201—LS 7449/DI 110