LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7351 NOTE PREPARED: Jan 9, 2025
BILL NUMBER: HB 1394 BILL AMENDED:
SUBJECT: Authority to Deny Enrollment to Unlawful Immigrant.
FIRST AUTHOR: Rep. Lucas BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill authorizes a school corporation to deny an immigrant student enrollment
in a school operated by the school corporation if the school corporation determines by a preponderance of
the evidence that the immigrant student is present in the United States in violation of law.
The bill requires the Attorney General to defend the school corporation in any cause of action brought against
the school corporation for denying an immigrant student enrollment.
The bill also requires a school corporation to annually report the number of immigrant students present in
the United States in violation of law who were enrolled in a school operated by the school corporation in the
immediately preceding school year.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Attorney General: This bill requires the Attorney General (AG) to
defend a school corporation in the event of a legal action taken against the district as a result of denying an
immigrant student enrollment. If such actions are filed, this will cause an additional workload for the AG.
Any such increase is expected to be met within the resources of the AG.
Explanation of State Revenues:
Explanation of Local Expenditures: Reporting Requirement: This bill requires each school corporation to
file an annual report to the Department of Education and the Legislative Council regarding immigrants
enrolled in their schools. This constitutes a workload increase, but should be met within existing resources.
Legal Representation: In the event of a legal action taken against a district as a result of denying an
immigrant student enrollment, the bill provides that the AG will represent the school district. This would
reduce the legal fees for the district.
Explanation of Local Revenues:
HB 1394 1 State Agencies Affected: Office of the Attorney General.
Local Agencies Affected: School corporations.
Information Sources:
Fiscal Analyst: Alexander Raggio, 317-234-9485.
HB 1394 2