*ES0482.1* April 9, 2025 ENGROSSED SENATE BILL No. 482 _____ DIGEST OF SB 482 (Updated April 9, 2025 12:45 pm - DI 110) Citations Affected: IC 20-18; IC 20-19; IC 20-26; IC 20-33. Synopsis: Absenteeism and student discipline. 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 absenteeism. (2) Study and prepare a report regarding the basis for the categorization of certain suspensions and expulsions. (3) Establish a categorization framework for excused absences based on the reason for the absence. (4) Collect certain information regarding absences from school corporations and charter schools and 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 absences in accordance with the categorization framework established by the (Continued next page) Effective: July 1, 2025. Donato, Rogers, Ford J.D. (HOUSE SPONSORS — DAVIS, MCGUIRE) January 13, 2025, read first time and referred to Committee on Education and Career Development. January 30, 2025, amended, reported favorably — Do Pass. February 3, 2025, read second time, ordered engrossed. Engrossed. February 4, 2025, read third time, passed. Yeas 49, nays 0. HOUSE ACTION March 3, 2025, read first time and referred to Committee on Education. April 9, 2025, amended, reported — Do Pass. ES 482—LS 7271/DI 110 Digest Continued 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. 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. 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. Makes a conforming change. ES 482—LS 7271/DI 110ES 482—LS 7271/DI 110 April 9, 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. ENGROSSED 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: 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; ES 482—LS 7271/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 for excused absences based 9 on the reason for the absence. 10 (b) The department shall annually do the following: 11 (1) Collect information from each school corporation and 12 charter school for each school year regarding the number of 13 absences for each category described in subsection (a), 14 including the reason for the absence. 15 (2) Prepare a report that includes information collected under 16 subdivision (1), including the information disaggregated by: 17 (A) race; 18 (B) gender; 19 (C) grade; 20 (D) ethnicity; 21 (E) limited English language proficiency; 22 (F) free or reduced price lunch status; and 23 (G) eligibility for special education. 24 (3) Post the report on the department's website. 25 SECTION 4. IC 20-19-3-37 IS ADDED TO THE INDIANA CODE 26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 27 1, 2025]: Sec. 37. (a) The department shall do the following: 28 (1) Study the basis for student suspensions and expulsions 29 categorized as "other" by school corporations. 30 (2) Prepare a report that includes the following: 31 (A) Information concerning the study under subdivision 32 (1). 33 (B) Any recommendation regarding expanding the 34 suspension and expulsion category options. 35 (3) Not later than November 1, 2025, submit the report 36 prepared under subdivision (2) to the legislative council in an 37 electronic format under IC 5-14-6. 38 (b) This section expires July 1, 2026. 39 SECTION 5. IC 20-26-5-32, AS AMENDED BY P.L.151-2018, 40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2025]: Sec. 32. (a) The governing body of each school 42 corporation shall work with parents to: ES 482—LS 7271/DI 110 3 1 (1) develop; and 2 (2) review periodically; 3 an evidence based plan for improving student behavior and discipline 4 in the school corporation after receiving a model plan developed by the 5 department. 6 (b) The model plan developed by the department under subsection 7 (a) must: 8 (1) reduce out-of-school suspension and disproportionality in 9 discipline and expulsion; 10 (2) limit referrals to law enforcement and arrests on school 11 property to cases in which referral to law enforcement or arrest is 12 necessary to protect the health and safety of students or school 13 employees; and 14 (3) include policies to address instances of bullying and 15 cyberbullying on school property of a school corporation. 16 (c) Beginning in the 2019-2020 school year, the department, in 17 collaboration with parent organizations, teacher organizations, 18 educational support professional organizations, and state educational 19 institutions, shall, upon a school corporation's request, provide 20 information and assistance to the school corporation regarding the 21 implementation of the school corporation's evidence based plan 22 developed under subsection (a) to ensure that teachers and 23 administrators receive appropriate professional development and other 24 resources in preparation for carrying out the plan. 25 (d) The department shall: 26 (1) create a list of best practices to reduce student discipline; 27 and 28 (2) post the list on the department's website. 29 SECTION 6. IC 20-33-2-11, AS AMENDED BY P.L.111-2021, 30 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2025]: Sec. 11. (a) Notwithstanding IC 9-24 concerning the 32 minimum requirements for qualifying for the issuance of a driver's 33 license or a learner's permit, and subject to subsections (c) through (e), 34 an individual who is: 35 (1) at least fifteen (15) years of age and less than eighteen (18) 36 years of age; 37 (2) a habitual truant under the definition of habitual truant 38 established under subsection (b); and 39 (3) identified in the information submitted to the bureau of motor 40 vehicles under subsection (f); 41 may not be issued a driver's license or a learner's permit to drive a 42 motor vehicle under IC 9-24 until the individual is at least eighteen ES 482—LS 7271/DI 110 4 1 (18) years of age. 2 (b) Each governing body may establish and include as part of the 3 written copy of its discipline rules described in IC 20-33-8-12: 4 (1) a definition of a child who is designated as a habitual truant, 5 which must, at a minimum, define the term as a student who is 6 chronically absent, by having unexcused absences from school for 7 more than ten (10) days of school in one (1) school year; and 8 (2) all other pertinent matters related to this action. 9 (c) An individual described in subsection (a) is entitled to the 10 procedure described in IC 20-33-8-19. 11 (d) An individual described in subsection (a) who is at least thirteen 12 (13) years of age and less than eighteen (18) years of age is entitled to 13 a periodic review of the individual's attendance record in school to 14 determine whether the prohibition described in subsection (a) shall 15 continue. The periodic reviews may not be conducted less than one (1) 16 time each school year. 17 (e) Upon review, the governing body may determine that the 18 individual's attendance record has improved to the degree that the 19 individual may become eligible to be issued a driver's license or a 20 learner's permit. 21 (f) The governing body of the school corporation may submit to the 22 bureau of motor vehicles the pertinent information concerning an 23 individual's ineligibility under subsection (a) to be issued a driver's 24 license or a learner's permit. 25 (g) The department shall develop guidelines concerning criteria 26 used in defining a habitual truant that may be considered by a 27 governing body in complying with subsection (b). 28 SECTION 7. IC 20-33-2-14, AS AMENDED BY HEA 1660-2025, 29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.8 31 of this chapter apply to a student who attends either a public school or 32 a nonpublic school. 33 (b) The governing body of each school corporation shall have adopt 34 a policy: 35 (1) outlining the conditions for excused and unexcused absences; 36 and 37 (2) providing for the categorization of excused absences in 38 accordance with the categorization framework established by 39 the department under IC 20-19-3-12.4. 40 (c) The governing body of each school corporation shall have a 41 policy regarding the participation of a habitually truant in 42 extracurricular and co-curricular activities. ES 482—LS 7271/DI 110 5 1 (d) The policy under subsection (b) must include the grounds for 2 excused absences required by sections 15 through 17.8 of this chapter 3 or another law. 4 (e) Any absence that results in a person not attending at least one 5 hundred eighty (180) days in a school year must be in accordance with 6 the governing body's policy under subsection (b) to qualify as an 7 excused absence. 8 (f) Service as a page for or as an honoree of the general assembly is 9 a lawful excuse for a student to be absent from school, when verified 10 by a certificate of the secretary of the senate or the chief clerk of the 11 house of representatives. A student excused from school attendance 12 under this section may not be recorded as being absent on any date for 13 which the excuse is operative and may not be penalized by the school 14 in any manner. 15 SECTION 8. IC 20-33-2-26, AS AMENDED BY P.L.125-2024, 16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2025]: Sec. 26. (a) It is the duty of each: 18 (1) superintendent; 19 (2) attendance officer; 20 (3) state attendance official; 21 (4) security police officer appointed under IC 36-8-3-7; and 22 (5) school corporation police officer appointed under 23 IC 20-26-16; 24 to enforce this chapter in their respective jurisdictions and to execute 25 the affidavits authorized under this section. The duty is several, and the 26 failure of one (1) or more to act does not excuse another official from 27 the obligation to enforce this chapter. The duty includes reporting to 28 the prosecuting attorney that a child is a habitual truant. 29 (b) An affidavit: 30 (1) against a parent for a violation of this chapter; and 31 (2) concerning a child being a habitual truant; 32 shall be prepared and filed in the same manner and under the procedure 33 prescribed for filing affidavits for the prosecution of public offenses. 34 (c) Before a prosecuting attorney files an affidavit described in 35 subsection (b), the prosecuting attorney may do the following: 36 (1) Conduct a meeting with the child, the child's parent, 37 school officials, and any relevant service providers. 38 (2) In preparation for a meeting described in subdivision (1), 39 collaborate with the involved parties to develop an 40 intervention plan to address the child's truancy. The plan may 41 include referrals to support services, counseling, academic 42 assistance, or other resources intended to reduce the ES 482—LS 7271/DI 110 6 1 likelihood of further truancy. 2 (3) Make reasonable efforts to secure appropriate support 3 services, including: 4 (A) mental health services; 5 (B) family counseling; or 6 (C) educational support; 7 for the child and the child's family, as applicable, for the 8 purpose of addressing the root causes of the truancy. 9 (d) Upon completion of the development of an intervention plan 10 and meeting under subsection (c)(1) and (c)(2), the prosecuting 11 attorney shall provide written notice to the child's parent 12 summarizing the following: 13 (1) Outcome of the meeting. 14 (2) Services or other resources offered. 15 (3) Conditions for avoiding prosecution, if applicable. 16 (c) (e) An affidavit under this section shall be filed in a court with 17 jurisdiction in the county in which the affected child resides. 18 (d) (f) The prosecuting attorney shall notify each parent of a child 19 regarding an affidavit described in subsection (b) when the affidavit is 20 filed under this section. 21 (e) (g) The prosecuting attorney shall file and prosecute actions 22 under this section as in other criminal cases. 23 (f) (h) The court shall promptly hear cases brought under this 24 section. 25 SECTION 9. IC 20-33-2-43, AS AMENDED BY P.L.125-2024, 26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2025]: Sec. 43. (a) The secretary of education shall appoint a 28 state attendance officer. The state attendance officer serves at the 29 pleasure of the secretary of education and may be removed by the 30 secretary of education at any time. 31 (b) The state attendance officer shall: 32 (1) exercise general supervision over the attendance officers of 33 Indiana; 34 (2) visit the various attendance districts throughout Indiana; 35 (3) inspect the work of the attendance officers; and 36 (4) investigate the manner in which this chapter is being enforced. 37 (c) The state attendance officer may initiate court action whenever 38 necessary for the enforcement of this chapter. 39 (d) The state attendance officer shall meet at least one (1) time each 40 year with all attendance officers to: 41 (1) review data, policies, and procedures; and 42 (2) discuss recommending to the legislative council legislation to ES 482—LS 7271/DI 110 7 1 deter absenteeism and to promote school attendance. 2 (e) Not later than November 1 of each year, the state attendance 3 officer shall submit a report to the legislative council containing 4 recommended legislation based on the: 5 (1) state attendance officer's discussions with attendance officers 6 under subsection (d) and section 39 of this chapter; and 7 (2) report prepared by the department under IC 20-19-3-12.4. 8 A report required by this subsection must be submitted in an electronic 9 format under IC 5-14-6. 10 SECTION 10. IC 20-33-2.5-1, AS ADDED BY P.L.125-2024, 11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2025]: Sec. 1. As used in this chapter, "absent student" means 13 a student who: 14 (1) is enrolled in a school in kindergarten through grade 6; 12; 15 and 16 (2) is absent from school five (5) days within a ten (10) week 17 period without being: 18 (A) excused; or 19 (B) absent in conformity with a note on file from the student's 20 doctor, therapist, or other professional requesting frequent 21 absences be excused under the student's: 22 (i) individualized education program; 23 (ii) service plan developed under 511 IAC 7-34; 24 (iii) choice scholarship education plan developed under 511 25 IAC 7-49; or 26 (iv) plan developed under Section 504 of the federal 27 Rehabilitation Act of 1973, 29 U.S.C. 794. 28 SECTION 11. IC 20-33-2.5-5, AS ADDED BY P.L.125-2024, 29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2025]: Sec. 5. (a) A school shall hold an attendance 31 conference described in section 4(2) of this chapter not more than five 32 (5) ten (10) instructional days after the student's fifth absence 33 described in section 1(2) of this chapter regardless of whether: 34 (1) the parent of the student; or 35 (2) a representative described under section 4(2)(D) of this 36 chapter; 37 is able to attend the conference. 38 (b) A school shall make all reasonable efforts to hold an attendance 39 conference as required under subsection (a) on a date and at a time that 40 works with the schedule of the student's parent. 41 SECTION 12. IC 20-33-8-16.5 IS ADDED TO THE INDIANA 42 CODE AS A NEW SECTION TO READ AS FOLLOWS ES 482—LS 7271/DI 110 8 1 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. A public school, including 2 a charter school, may not expel or suspend a student solely because 3 the student is chronically absent or a habitual truant. ES 482—LS 7271/DI 110 9 COMMITTEE REPORT Mr. President: The Senate Committee on Education and Career Development, to which was referred Senate Bill No. 482, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 5, line 36, reset in roman "five (5)". Page 5, line 36, delete "seven (7)". Page 6, line 22, after "student" insert "in kindergarten through grade 8". and when so amended that said bill do pass. (Reference is to SB 482 as introduced.) RAATZ, Chairperson Committee Vote: Yeas 13, Nays 0. _____ COMMITTEE REPORT Mr. Speaker: Your Committee on Education, to which was referred Senate Bill 482, 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, delete lines 5 through 17, begin a new paragraph and insert: "SECTION 2. IC 20-19-3-12.2, AS AMENDED BY P.L.233-2015, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12.2. (a) The department shall make reduction of absenteeism in schools a policy priority and provide assistance and guidance to school corporations and schools in: (1) identifying contributing factors of absenteeism; and (2) developing chronic absence reduction plans that school corporations may elect to include as a component of the school improvement plans required under IC 20-31-5. (b) The department shall: (1) create a list of best practices to; and (2) provide resources and guidance to school corporations concerning evidence based practices and effective strategies that; reduce absenteeism in schools. However, subject to section 12.4 of this chapter, the department may not mandate a particular policy ES 482—LS 7271/DI 110 10 within a chronic absence reduction plan adopted by a school corporation or school.". Page 2, delete lines 1 through 2. Page 2, line 6, delete "to distinguish between" and insert "for". Page 2, line 7, delete "and unexcused". Page 2, line 9, after "shall" insert "annually". Page 2, line 10, delete "annually". Page 2, line 15, after "(1)," insert "including the information". Page 2, delete lines 23 through 26, begin a new line block indented and insert: "(3) Post the report on the department's website. SECTION 4. IC 20-19-3-37 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 37. (a) The department shall do the following: (1) Study the basis for student suspensions and expulsions categorized as "other" by school corporations. (2) Prepare a report that includes the following: (A) Information concerning the study under subdivision (1). (B) Any recommendation regarding expanding the suspension and expulsion category options. (3) Not later than November 1, 2025, submit the report prepared under subdivision (2) to the legislative council in an electronic format under IC 5-14-6. (b) This section expires July 1, 2026. SECTION 5. IC 20-26-5-32, AS AMENDED BY P.L.151-2018, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 32. (a) The governing body of each school corporation shall work with parents to: (1) develop; and (2) review periodically; an evidence based plan for improving student behavior and discipline in the school corporation after receiving a model plan developed by the department. (b) The model plan developed by the department under subsection (a) must: (1) reduce out-of-school suspension and disproportionality in discipline and expulsion; (2) limit referrals to law enforcement and arrests on school property to cases in which referral to law enforcement or arrest is necessary to protect the health and safety of students or school employees; and ES 482—LS 7271/DI 110 11 (3) include policies to address instances of bullying and cyberbullying on school property of a school corporation. (c) Beginning in the 2019-2020 school year, the department, in collaboration with parent organizations, teacher organizations, educational support professional organizations, and state educational institutions, shall, upon a school corporation's request, provide information and assistance to the school corporation regarding the implementation of the school corporation's evidence based plan developed under subsection (a) to ensure that teachers and administrators receive appropriate professional development and other resources in preparation for carrying out the plan. (d) The department shall: (1) create a list of best practices to reduce student discipline; and (2) post the list on the department's website.". Page 3, delete lines 26 through 42, begin a new paragraph and insert: "SECTION 5. IC 20-33-2-14, AS AMENDED BY HEA 1660-2025, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) This section and sections 15 through 17.8 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 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 17.8 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 ES 482—LS 7271/DI 110 12 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.". Page 4, delete lines 1 through 12. Page 4, delete lines 32 through 35, begin a new paragraph and insert: "(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.". Page 4, line 36, delete "(d)" and insert "(e)". Page 4, line 38, delete "(e)" and insert "(f)". Page 4, line 41, delete "(f)" and insert "(g)". Page 5, line 1, delete "(g)" and insert "(h)". Page 6, delete lines 19 through 24, begin a new paragraph and insert: "SECTION 12. IC 20-33-8-16.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 16.5. A public school, including a charter school, may not expel or suspend a student solely because the student is chronically absent or a habitual truant.". ES 482—LS 7271/DI 110 13 Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to SB 482 as printed January 31, 2025.) BEHNING Committee Vote: yeas 11, nays 1. ES 482—LS 7271/DI 110