First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 482
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
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.
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
within a chronic absence reduction plan adopted by a school
corporation or school.
SECTION 3. IC 20-19-3-12.4 IS ADDED TO THE INDIANA
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CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.4. (a) The department shall
establish a categorization framework for excused 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.
SECTION 4. IC 20-19-3-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12.5. The department shall:
(1) create a list of best practices to reduce student discipline;
and
(2) post the list on the department's website.
SECTION 5. 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 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
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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 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
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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
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.
(b) An affidavit:
(1) against a parent for a violation of this chapter; and
(2) concerning a child being a habitual truant;
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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
pleasure of the secretary of education and may be removed by the
secretary of education at any time.
(b) The state attendance officer shall:
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(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.
SECTION 10. IC 20-33-2.5-1, AS ADDED BY P.L.125-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "absent student" means
a student who:
(1) is enrolled in a school in kindergarten through grade 6; 12;
and
(2) is absent from school five (5) days within a ten (10) week
period without being:
(A) excused; or
(B) absent in conformity with a note on file from the student's
doctor, therapist, or other professional requesting frequent
absences be excused under the student's:
(i) individualized education program;
(ii) service plan developed under 511 IAC 7-34;
(iii) choice scholarship education plan developed under 511
IAC 7-49; or
(iv) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.
SECTION 11. IC 20-33-2.5-5, AS ADDED BY P.L.125-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A school shall hold an attendance
conference described in section 4(2) of this chapter not more than five
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(5) ten (10) instructional days after the student's fifth absence
described in section 1(2) of this chapter regardless of whether:
(1) the parent of the student; or
(2) a representative described under section 4(2)(D) of this
chapter;
is able to attend the conference.
(b) A school shall make all reasonable efforts to hold an attendance
conference as required under subsection (a) on a date and at a time that
works with the schedule of the student's parent.
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) Except as otherwise
provided in IC 20-19-9-5 and IC 20-24-5-4.5(e), 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.
(b) This section expires July 1, 2026.
SEA 482 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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