IN
Indiana House Bill HB1394

Indiana 2025 Regular Session

Indiana House Bill HB1394 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1394
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-26-11.
77 Synopsis: Authority to deny enrollment to unlawful immigrant.
88 Authorizes a school corporation to deny an immigrant student
99 enrollment in a school operated by the school corporation if the school
1010 corporation determines by a preponderance of the evidence that the
1111 immigrant student is present in the United States in violation of law.
1212 Requires the attorney general to defend the school corporation in any
1313 cause of action brought against the school corporation for denying an
1414 immigrant student enrollment. Requires a school corporation to
1515 annually report the number of immigrant students present in the United
1616 States in violation of law who were enrolled in a school operated by the
1717 school corporation in the immediately preceding school year.
1818 Effective: July 1, 2025.
1919 Lucas
2020 January 13, 2025, read first time and referred to Committee on Education.
2121 2025 IN 1394—LS 7351/DI 92 Introduced
2222 First Regular Session of the 124th General Assembly (2025)
2323 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2424 Constitution) is being amended, the text of the existing provision will appear in this style type,
2525 additions will appear in this style type, and deletions will appear in this style type.
2626 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2727 provision adopted), the text of the new provision will appear in this style type. Also, the
2828 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2929 a new provision to the Indiana Code or the Indiana Constitution.
3030 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3131 between statutes enacted by the 2024 Regular Session of the General Assembly.
3232 HOUSE BILL No. 1394
3333 A BILL FOR AN ACT to amend the Indiana Code concerning
3434 education.
3535 Be it enacted by the General Assembly of the State of Indiana:
3636 1 SECTION 1. IC 20-26-11-34 IS ADDED TO THE INDIANA
3737 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3838 3 [EFFECTIVE JULY 1, 2025]: Sec. 34. (a) Notwithstanding any other
3939 4 law or a determination under this chapter that an immigrant
4040 5 student would otherwise have legal settlement in the attendance
4141 6 area of a school corporation, the school corporation may deny an
4242 7 immigrant student enrollment in a school operated by the school
4343 8 corporation if the school corporation determines by a
4444 9 preponderance of the evidence that the immigrant student is
4545 10 present in the United States in violation of law.
4646 11 (b) A determination by the United States Department of
4747 12 Homeland Security that an immigrant has come to, entered, or
4848 13 remained in the United States in violation of law is evidence that
4949 14 the immigrant is in the United States in violation of law.
5050 15 (c) The attorney general shall defend the school corporation in
5151 16 any cause of action brought against the school corporation for
5252 17 denying an immigrant student enrollment under subsection (a).
5353 2025 IN 1394—LS 7351/DI 92 2
5454 1 SECTION 2. IC 20-26-11-35 IS ADDED TO THE INDIANA
5555 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
5656 3 [EFFECTIVE JULY 1, 2025]: Sec. 35. Before October 1, 2025, and
5757 4 each year thereafter, a school corporation shall report to the:
5858 5 (1) department of education; and
5959 6 (2) legislative council in an electronic format under IC 5-14-6;
6060 7 the number of immigrant students present in the United States in
6161 8 violation of law who were enrolled in a school operated by the
6262 9 school corporation in the immediately preceding school year.
6363 2025 IN 1394—LS 7351/DI 92