Introduced Version SENATE BILL No. 482 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-18-2-2.4; IC 20-19-3; IC 20-33. Synopsis: Absenteeism. Defines "chronically absent". Requires the department of education (department) to do the following: (1) Establish a categorization framework to distinguish between excused and unexcused absences based on the reason for the absence. (2) Collect certain information regarding absences from school corporations and charter schools. (3) Prepare and submit a report regarding the information collected. 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 hold intervention meetings before filing an affidavit with the court regarding a habitual truant. Amends the definition of "absent student" for purposes of the truancy prevention policy provisions. 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 a student solely because the student is chronically absent or a habitual truant. Makes a conforming change. Effective: July 1, 2025. Donato, Rogers January 13, 2025, read first time and referred to Committee on Education and Career Development. 2025 IN 482—LS 7271/DI 110 Introduced 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. SENATE BILL No. 482 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 provide resources and guidance to school 15 corporations concerning evidence based practices and effective 16 strategies that reduce absenteeism in schools. However, subject to 17 section 12.4 of this chapter, the department may not mandate a 2025 IN 482—LS 7271/DI 110 2 1 particular policy within a chronic absence reduction plan adopted by 2 a school corporation or school. 3 SECTION 3. IC 20-19-3-12.4 IS ADDED TO THE INDIANA 4 CODE AS A NEW SECTION TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2025]: Sec. 12.4. (a) The department shall 6 establish a categorization framework to distinguish between 7 excused and unexcused absences based on the reason for the 8 absence. 9 (b) The department shall do the following: 10 (1) Collect annually information from each school corporation 11 and charter school for each school year regarding the number 12 of absences for each category described in subsection (a), 13 including the reason for the absence. 14 (2) Prepare a report that includes information collected under 15 subdivision (1), disaggregated by: 16 (A) race; 17 (B) gender; 18 (C) grade; 19 (D) ethnicity; 20 (E) limited English language proficiency; 21 (F) free or reduced price lunch status; and 22 (G) eligibility for special education. 23 (3) Not later than July 1, 2026, and not later than July 1 of 24 each year thereafter, submit the report prepared under 25 subdivision (2) to the legislative council in an electronic 26 format under IC 5-14-6. 27 SECTION 4. IC 20-33-2-11, AS AMENDED BY P.L.111-2021, 28 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2025]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the 30 minimum requirements for qualifying for the issuance of a driver's 31 license or a learner's permit, and subject to subsections (c) through (e), 32 an individual who is: 33 (1) at least fifteen (15) years of age and less than eighteen (18) 34 years of age; 35 (2) a habitual truant under the definition of habitual truant 36 established under subsection (b); and 37 (3) identified in the information submitted to the bureau of motor 38 vehicles under subsection (f); 39 may not be issued a driver's license or a learner's permit to drive a 40 motor vehicle under IC 9-24 until the individual is at least eighteen 41 (18) years of age. 42 (b) Each governing body may establish and include as part of the 2025 IN 482—LS 7271/DI 110 3 1 written copy of its discipline rules described in IC 20-33-8-12: 2 (1) a definition of a child who is designated as a habitual truant, 3 which must, at a minimum, define the term as a student who is 4 chronically absent, by having unexcused absences from school for 5 more than ten (10) days of school in one (1) school year; and 6 (2) all other pertinent matters related to this action. 7 (c) An individual described in subsection (a) is entitled to the 8 procedure described in IC 20-33-8-19. 9 (d) An individual described in subsection (a) who is at least thirteen 10 (13) years of age and less than eighteen (18) years of age is entitled to 11 a periodic review of the individual's attendance record in school to 12 determine whether the prohibition described in subsection (a) shall 13 continue. The periodic reviews may not be conducted less than one (1) 14 time each school year. 15 (e) Upon review, the governing body may determine that the 16 individual's attendance record has improved to the degree that the 17 individual may become eligible to be issued a driver's license or a 18 learner's permit. 19 (f) The governing body of the school corporation may submit to the 20 bureau of motor vehicles the pertinent information concerning an 21 individual's ineligibility under subsection (a) to be issued a driver's 22 license or a learner's permit. 23 (g) The department shall develop guidelines concerning criteria 24 used in defining a habitual truant that may be considered by a 25 governing body in complying with subsection (b). 26 SECTION 5. IC 20-33-2-14, AS AMENDED BY P.L.150-2024, 27 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.5 29 of this chapter apply to a student who attends either a public school or 30 a nonpublic school. 31 (b) The governing body of each school corporation shall have adopt 32 a policy: 33 (1) outlining the conditions for excused and unexcused absences; 34 and 35 (2) providing for the categorization of excused and unexcused 36 absences in accordance with the categorization framework 37 established by the department under IC 20-19-3-12.4. 38 (c) The governing body of each school corporation shall have a 39 policy regarding the participation of a habitually truant in 40 extracurricular and co-curricular activities. 41 (d) The policy under subsection (b) must include the grounds for 42 excused absences required by sections 15 through 17.5 of this chapter 2025 IN 482—LS 7271/DI 110 4 1 or another law. 2 (e) Any absence that results in a person not attending at least one 3 hundred eighty (180) days in a school year must be in accordance with 4 the governing body's policy under subsection (b) to qualify as an 5 excused absence. 6 (f) Service as a page for or as an honoree of the general assembly is 7 a lawful excuse for a student to be absent from school, when verified 8 by a certificate of the secretary of the senate or the chief clerk of the 9 house of representatives. A student excused from school attendance 10 under this section may not be recorded as being absent on any date for 11 which the excuse is operative and may not be penalized by the school 12 in any manner. 13 SECTION 6. IC 20-33-2-26, AS AMENDED BY P.L.125-2024, 14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2025]: Sec. 26. (a) It is the duty of each: 16 (1) superintendent; 17 (2) attendance officer; 18 (3) state attendance official; 19 (4) security police officer appointed under IC 36-8-3-7; and 20 (5) school corporation police officer appointed under 21 IC 20-26-16; 22 to enforce this chapter in their respective jurisdictions and to execute 23 the affidavits authorized under this section. The duty is several, and the 24 failure of one (1) or more to act does not excuse another official from 25 the obligation to enforce this chapter. The duty includes reporting to 26 the prosecuting attorney that a child is a habitual truant. 27 (b) An affidavit: 28 (1) against a parent for a violation of this chapter; and 29 (2) concerning a child being a habitual truant; 30 shall be prepared and filed in the same manner and under the procedure 31 prescribed for filing affidavits for the prosecution of public offenses. 32 (c) Before an affidavit is filed as described in subsections (b) or 33 (d), the prosecuting attorney may hold one (1) or more attendance 34 intervention meetings to address ongoing truancy to improve 35 student attendance. 36 (c) (d) An affidavit under this section shall be filed in a court with 37 jurisdiction in the county in which the affected child resides. 38 (d) (e) The prosecuting attorney shall notify each parent of a child 39 regarding an affidavit described in subsection (b) when the affidavit is 40 filed under this section. 41 (e) (f) The prosecuting attorney shall file and prosecute actions 42 under this section as in other criminal cases. 2025 IN 482—LS 7271/DI 110 5 1 (f) (g) The court shall promptly hear cases brought under this 2 section. 3 SECTION 7. IC 20-33-2-43, AS AMENDED BY P.L.125-2024, 4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2025]: Sec. 43. (a) The secretary of education shall appoint a 6 state attendance officer. The state attendance officer serves at the 7 pleasure of the secretary of education and may be removed by the 8 secretary of education at any time. 9 (b) The state attendance officer shall: 10 (1) exercise general supervision over the attendance officers of 11 Indiana; 12 (2) visit the various attendance districts throughout Indiana; 13 (3) inspect the work of the attendance officers; and 14 (4) investigate the manner in which this chapter is being enforced. 15 (c) The state attendance officer may initiate court action whenever 16 necessary for the enforcement of this chapter. 17 (d) The state attendance officer shall meet at least one (1) time each 18 year with all attendance officers to: 19 (1) review data, policies, and procedures; and 20 (2) discuss recommending to the legislative council legislation to 21 deter absenteeism and to promote school attendance. 22 (e) Not later than November 1 of each year, the state attendance 23 officer shall submit a report to the legislative council containing 24 recommended legislation based on the: 25 (1) state attendance officer's discussions with attendance officers 26 under subsection (d) and section 39 of this chapter; and 27 (2) report prepared by the department under IC 20-19-3-12.4. 28 A report required by this subsection must be submitted in an electronic 29 format under IC 5-14-6. 30 SECTION 8. IC 20-33-2.5-1, AS ADDED BY P.L.125-2024, 31 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2025]: Sec. 1. As used in this chapter, "absent student" means 33 a student who: 34 (1) is enrolled in a school in kindergarten through grade 6; 12; 35 and 36 (2) is absent from school five (5) seven (7) days within a ten (10) 37 week period without being: 38 (A) excused; or 39 (B) absent in conformity with a note on file from the student's 40 doctor, therapist, or other professional requesting frequent 41 absences be excused under the student's: 42 (i) individualized education program; 2025 IN 482—LS 7271/DI 110 6 1 (ii) service plan developed under 511 IAC 7-34; 2 (iii) choice scholarship education plan developed under 511 3 IAC 7-49; or 4 (iv) plan developed under Section 504 of the federal 5 Rehabilitation Act of 1973, 29 U.S.C. 794. 6 SECTION 9. IC 20-33-2.5-5, AS ADDED BY P.L.125-2024, 7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2025]: Sec. 5. (a) A school shall hold an attendance 9 conference described in section 4(2) of this chapter not more than five 10 (5) ten (10) instructional days after the student's fifth absence 11 described in section 1(2) of this chapter regardless of whether: 12 (1) the parent of the student; or 13 (2) a representative described under section 4(2)(D) of this 14 chapter; 15 is able to attend the conference. 16 (b) A school shall make all reasonable efforts to hold an attendance 17 conference as required under subsection (a) on a date and at a time that 18 works with the schedule of the student's parent. 19 SECTION 10. IC 20-33-8-16.5 IS ADDED TO THE INDIANA 20 CODE AS A NEW SECTION TO READ AS FOLLOWS 21 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. A public school, including 22 a charter school, may not expel a student solely because the student 23 is chronically absent or a habitual truant. 2025 IN 482—LS 7271/DI 110