2014 Indiana Code TITLE 20. EDUCATION ARTICLE 33. STUDENTS: GENERAL PROVISIONS CHAPTER 2. COMPULSORY SCHOOL ATTENDANCE
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IC 20-33-2
Chapter 2. Compulsory School Attendance
IC 20-33-2-1
Legislative intent
Sec. 1. The legislative intent for this chapter is to provide an
efficient and speedy means of insuring that students receive a proper
education whenever it is reasonably possible.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-2
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-33-2-3
Application
Sec. 3. This chapter applies to each situation that involves any of
the following:
(1) A person less than eighteen (18) years of age who is
domiciled in Indiana.
(2) A person less than eighteen (18) years of age who:
(A) is not domiciled in Indiana; and
(B) intends to remain in Indiana for a period established by
rule of the state board.
(3) A student:
(A) who is less than eighteen (18) years of age;
(B) whose behavior has resulted in an expulsion from school;
and
(C) who is assigned to attend:
(i) an alternative school; or
(ii) an alternative educational program.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-3.2
"Attend"
Sec. 3.2. As used in this chapter, "attend" means to be physically
present:
(1) in a school; or
(2) at another location where the school's educational program
in which a person is enrolled is being conducted;
during regular school hours on a day in which the educational
program in which the person is enrolled is being offered.
As added by P.L.90-2011, SEC.41.
IC 20-33-2-4
Compulsory attendance
Sec. 4. Subject to the specific exceptions under this chapter, a
student shall attend either:
(1) a public school that the student is entitled to attend under
IC 20-26-11; or
(2) another school taught in the English language.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-5
Days of attendance
Sec. 5. A student for whom education is compulsory under this
chapter shall attend school each year for the number of days public
schools are in session:
(1) in the school corporation in which the student is enrolled in
Indiana; or
(2) where the student is enrolled if the student is enrolled
outside Indiana.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-6
Students required to attend
Sec. 6. A student is bound by the requirements of this chapter
from the earlier of the date on which the student officially enrolls in
a school or, except as provided in section 8 of this chapter, the
beginning of the fall school term for the school year in which the
student becomes seven (7) years of age until the date on which the
student:
(1) graduates;
(2) becomes eighteen (18) years of age; or
(3) becomes sixteen (16) years of age but is less than eighteen
(18) years of age and the requirements under section 9 of this
chapter concerning an exit interview are met enabling the
student to withdraw from school before graduation;
whichever occurs first.
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,
SEC.17.
IC 20-33-2-7
Minimum age for kindergarten enrollment; appeals
Sec. 7. (a) In addition to the requirements of sections 4 through 6
of this chapter, a student must be at least five (5) years of age on:
(1) July 1 of the 2005-2006 school year; or
(2) August 1 of the 2006-2007 school year or any subsequent
school year;
to officially enroll in a kindergarten program offered by a school
corporation. However, subject to subsection (c), the governing body
of the school corporation shall adopt a procedure affording a parent
of a student who does not meet the minimum age requirement set
forth in this subsection the right to appeal to the superintendent for
enrollment of the student in kindergarten at an age earlier than the
age set forth in this subsection.
(b) In addition to the requirements of sections 4 through 6 of this
chapter and subsection (a), and subject to subsection (c), if a student
enrolls in school as allowed under section 6 of this chapter and has
not attended kindergarten, the superintendent shall make a
determination as to whether the student shall enroll in kindergarten
or grade 1 based on the particular model assessment adopted by the
governing body under subsection (c).
(c) To assist the principal and governing bodies, the department
shall do the following:
(1) Establish guidelines to assist each governing body in
establishing a procedure for making appeals to the
superintendent under subsection (a).
(2) Establish criteria by which a governing body may adopt a
model assessment that may be used in making the determination
under subsection (b).
As added by P.L.1-2005, SEC.17. Amended by P.L.246-2005,
SEC.177.
IC 20-33-2-8
Students not bound by requirements
Sec. 8. A student is not bound by the requirements of this chapter
until the student becomes seven (7) years of age, if, upon request of
the superintendent of the school corporation, the parent of a student
who would otherwise be subject to compulsory school attendance
under section 6 of this chapter certifies to the superintendent that the
parent intends to:
(1) enroll the student in a nonaccredited, nonpublic school; or
(2) begin providing the student with instruction equivalent to
that given in the public schools as permitted under section 28 of
this chapter;
not later than the date on which the student becomes seven (7) years
of age.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-9
Exit interviews; withdrawal requirements
Sec. 9. (a) The governing body of each school corporation shall
designate the appropriate employees of the school corporation to
conduct the exit interviews for students described in section 6(3) of
this chapter. Each exit interview must be personally attended by:
(1) the student's parent;
(2) the student;
(3) each designated appropriate school employee; and
(4) the student's principal.
(b) A student who is at least sixteen (16) years of age but less than
eighteen (18) years of age is bound by the requirements of
compulsory school attendance and may not withdraw from school
before graduation unless:
(1) the student, the student's parent, and the principal agree to
the withdrawal;
(2) at the exit interview, the student provides written
acknowledgment of the withdrawal that meets the requirements
of subsection (c) and the:
(A) student's parent; and
(B) school principal;
each provide written consent for the student to withdraw from
school; and
(3) the withdrawal is due to:
(A) financial hardship and the individual must be employed
to support the individual's family or a dependent;
(B) illness; or
(C) an order by a court that has jurisdiction over the student.
(c) A written acknowledgment of withdrawal under subsection (b)
must include a statement that the student and the student's parent
understand that withdrawing from school is likely to:
(1) reduce the student's future earnings; and
(2) increase the student's likelihood of being unemployed in the
future.
As added by P.L.1-2005, SEC.17. Amended by P.L.185-2006,
SEC.12; P.L.1-2010, SEC.80.
IC 20-33-2-10
Enrollment documentation; notice to clearinghouse for information
on missing children
Sec. 10. (a) Each public school shall and each private school may
require a student who initially enrolls in the school to provide:
(1) the name and address of the school the student last attended;
and
(2) a certified copy of the student's birth certificate or other
reliable proof of the student's date of birth.
(b) Not more than fourteen (14) days after initial enrollment in a
school, the school shall request the student's records from the school
the student last attended.
(c) If the document described in subsection (a)(2):
(1) is not provided to the school not more than thirty (30) days
after the student's enrollment; or
(2) appears to be inaccurate or fraudulent;
the school shall notify the Indiana clearinghouse for information on
missing children and missing endangered adults established under
IC 10-13-5-5 and determine if the student has been reported missing.
(d) A school in Indiana receiving a request for records shall send
the records promptly to the requesting school. However, if a request
is received for records to which a notice has been attached under
IC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school:
(1) shall immediately notify the Indiana clearinghouse for
information on missing children and missing endangered adults;
(2) may not send the school records without the authorization of
the clearinghouse; and
(3) may not inform the requesting school that a notice under
IC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has been
attached to the records.
(e) Notwithstanding subsection (d), if a parent of a child who has
enrolled in an accredited nonpublic school is in breach of a contract
that conditions release of student records on the payment of
outstanding tuition and other fees, the accredited nonpublic school
shall provide a requesting school sufficient verbal information to
permit the requesting school to make an appropriate placement
decision regarding the child.
As added by P.L.1-2005, SEC.17. Amended by P.L.43-2009, SEC.18;
P.L.144-2012, SEC.1.
IC 20-33-2-11
Habitual truants ineligible for operator's license or learner's
permit; minimum definition of "habitual truant"
Sec. 11. (a) Notwithstanding IC 9-24 concerning the minimum
requirements for qualifying for the issuance of an operator's license
or a learner's permit, and subject to subsections (c) through (e), an
individual who is:
(1) at least thirteen (13) years of age but less than fifteen (15)
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 an operator'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 shall 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;
(2) the procedures under which subsection (a) will be
administered; and
(3) 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 an operator's license or
a learner's permit.
(f) Before:
(1) February 1; and
(2) October 1;
of each year the governing body of the school corporation shall
submit to the bureau of motor vehicles the pertinent information
concerning an individual's ineligibility under subsection (a) to be
issued an operator'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).
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,
SEC.18.
IC 20-33-2-12
Nonpublic, nonaccredited, and nonapproved schools; curriculum
or content requirements; student enrollment or participation
Sec. 12. (a) A school that is:
(1) nonpublic;
(2) nonaccredited; and
(3) not otherwise approved by the state board;
is not bound by any requirements set forth in IC 20 or IC 21 with
regard to curriculum or the content of educational programs offered
by the school.
(b) This section may not be construed to prohibit a student who
attends a school described in subsection (a) from enrolling in a
particular educational program or participating in a particular
educational initiative offered by an accredited public, nonpublic, or
state board approved nonpublic school if:
(1) the governing body or superintendent, in the case of the
accredited public school; or
(2) the administrative authority, in the case of the accredited or
state board approved nonpublic school;
approves the enrollment or participation by the student.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-13
High school transcripts; required contents
Sec. 13. (a) A school corporation shall record or include the
following information in the official high school transcript for a
student in high school:
(1) Attendance records.
(2) The student's latest ISTEP program test results under
IC 20-32-5.
(3) Any secondary level and postsecondary level certificates of
achievement earned by the student.
(4) Immunization information from the immunization record the
student's school keeps under IC 20-34-4-1.
(5) Any dual credit courses taken that are included in the core
transfer library under IC 21-42-5-4.
(6) The student's latest PSAT program test results.
(b) A school corporation may include information on a student's
high school transcript that is in addition to the requirements of
subsection (a).
As added by P.L.1-2005, SEC.17. Amended by P.L.140-2008, SEC.8;
P.L.43-2014, SEC.7.
IC 20-33-2-14
Compulsory attendance; school corporation policy; exceptions;
service as page or honoree of general assembly
Sec. 14. (a) This section and sections 15 through 17.5 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 a
policy outlining the conditions for excused and unexcused absences.
The policy must include the grounds for excused absences required
by sections 15 through 17.5 of this chapter or another law. 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 to qualify as an excused absence.
(c) 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.
As added by P.L.1-2005, SEC.17. Amended by P.L.185-2006,
SEC.13; P.L.90-2011, SEC.42.
IC 20-33-2-15
Attendance exception; service on precinct election board or for
political candidates or parties
Sec. 15. (a) The governing body of a school corporation and the
chief administrative official of a nonpublic secondary school system
shall authorize the absence and excuse of each secondary school
student who serves:
(1) on the precinct election board; or
(2) as a helper to a political candidate or to a political party on
the date of each general, city or town, special, and primary
election at which the student works.
(b) Before the date of the election, the student must submit a
document signed by one (1) of the student's parents giving permission
to participate in the election as provided in this section, and the
student must verify to school authorities the performance of services
by submitting a document signed by the candidate, political party
chairman, campaign manager, or precinct officer generally describing
the duties of the student on the date of the election. 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.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-16
Attendance exception; witness in judicial proceeding
Sec. 16. The governing body of a school corporation or the chief
administrative officer of a nonpublic school system shall authorize
the absence and excuse of a student who is issued a subpoena to
appear in court as a witness in a judicial proceeding. A student
excused under this section shall not be recorded as being absent on
any date for which the excuse is operative and shall not be penalized
by the school in any manner. The appropriate school authority may
require that the student submit the subpoena to the appropriate school
authority for verification.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-17
Attendance exception; duty with Indiana National Guard
Sec. 17. The governing body of a school corporation or the chief
administrative officer of a nonpublic school system shall authorize
the absence and excuse of each secondary school student who is
ordered to active duty with the Indiana National Guard for not more
than ten (10) days in a school year. For verification, the student must
submit to school authorities a copy of the orders to active duty and a
copy of the orders releasing the student from active duty. 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.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-17.2
Attendance exception; duty with Indiana wing of civil air patrol
Sec. 17.2. The governing body of a school corporation or the chief
administrative officer of a nonpublic school system shall authorize
the absence and excuse of each secondary school student who is a
member of the Indiana wing of the civil air patrol and who is
participating in a civil air patrol:
(1) international air cadet exchange program, for the length of
the program; or
(2) emergency service operation, including:
(A) search and rescue missions designated by the Air Force
Rescue Coordination Center;
(B) disaster relief, when requested by the Federal Emergency
Management Agency or the department of homeland security
established by IC 10-19-2-1;
(C) humanitarian services, when requested by the Federal
Emergency Management Agency or the department of
homeland security established by IC 10-19-2-1;
(D) United States Air Force support designated by the First
Air Force, North American Aerospace Defense Command;
or
(E) United States Air Force military flights, if the flights are
not available on days when school is not in session;
for not more than five (5) days in a school year;
if the student submits to school authorities appropriate documentation
from the Indiana wing of the civil air patrol detailing the reason for
the student's absence. A student excused from school attendance
under this section may not be recorded as being absent on any date
to which the excuse applies and may not be penalized by the school
in any manner.
As added by P.L.55-2007, SEC.1. Amended by P.L.1-2009, SEC.124.
IC 20-33-2-17.5
Compulsory school attendance; exceptions; educationally related
nonclassroom activity; nonclassroom activity
Sec. 17.5. The governing body of a school corporation may
authorize the absence and excuse of a student who attends any
educationally related nonclassroom activity. Any educationally
related nonclassroom activity and nonclassroom activity must meet
all the following conditions:
(1) Is consistent with and promotes the educational philosophy
and goals of the school corporation and the state board.
(2) Facilitates the attainment of specific educational objectives.
(3) Is a part of the goals and objectives of an approved course or
curriculum.
(4) Represents a unique educational opportunity.
(5) Cannot reasonably occur without interrupting the school
day.
(6) Is approved in writing by the school principal.
As added by P.L.185-2006, SEC.14.
IC 20-33-2-17.7
Compulsory attendance; exceptions; exhibiting or participating in
state fair
Sec. 17.7. (a) Except as provided in subsection (b), the governing
body of a school corporation or the chief administrative officer of a
nonpublic school system shall authorize the absence and excuse of
each school student if the student or a member of the student's
household participates or exhibits in the Indiana state fair for
educational purposes, as evidenced in writing by the student's parent
and as approved in writing by the student's school principal. The
number of excused absences a student may receive under this section
may not exceed five (5) instructional days in a school year. 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.
(b) In order for a student to receive an excused absence under
subsection (a), the student must be in good academic standing, as
determined by the school corporation.
As added by P.L.32-2014, SEC.1.
IC 20-33-2-18
Parent to produce certificate of child's incapacity on demand
Sec. 18. (a) If a parent of a student does not send the student to
school because of the student's illness or mental or physical
incapacity, it is unlawful for the parent to fail or refuse to produce a
certificate of the illness or incapacity for an attendance officer not
later than six (6) days after the certificate is demanded.
(b) The certificate required under this section must be signed by:
(1) an Indiana physician;
(2) an individual holding a license to practice osteopathy or
chiropractic in Indiana; or
(3) a Christian Science practitioner who resides in Indiana and
is listed in the Christian Science Journal.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-19
Attendance; public school children; religious instruction
Sec. 19. (a) When the parent of a student who is enrolled in a
public school makes a written request, the principal may allow the
student to attend a school for religious instruction that is conducted
by a church, an association of churches, or an association that is
organized for religious instruction and incorporated under Indiana
law.
(b) If a principal grants permission under subsection (a), the
principal shall specify a period or periods, not to exceed one hundred
twenty (120) minutes in total in any week, for the student to receive
religious instruction. The permission is valid only for the year in
which it is granted. Decisions made by a principal under this section
may be reviewed by the superintendent.
(c) A school for religious instruction that receives students under
this section:
(1) shall maintain attendance records and allow inspection of
these records by attendance officers; and
(2) may not be supported, in whole or in part, by public funds.
(d) A student who attends a school for religious instruction under
this section shall receive the same attendance credit that the student
would receive for attendance in the public schools for the same length
of time.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-20
Attendance records
Sec. 20. (a) An accurate daily record of the attendance of each
student who is subject to compulsory school attendance under this
chapter shall be kept by every public and nonpublic school.
(b) In a public school, the record shall be open at all times for
inspection by:
(1) attendance officers;
(2) school officials;
(3) agents of the department of labor;
(4) security police officers appointed under IC 36-8-3-7; and
(5) school corporation police officers appointed under
IC 20-26-16.
Every teacher shall answer fully all lawful inquiries made by an
attendance officer, a school official, an agent of the department of
labor, or a security police officer appointed under IC 36-8-3-7.
(c) In a nonpublic school, the record shall be required to be kept
solely to verify the enrollment and attendance of a student upon
request of the:
(1) state superintendent; or
(2) superintendent of the school corporation in which the
nonpublic school is located.
As added by P.L.1-2005, SEC.17. Amended by P.L.34-2008, SEC.1.
IC 20-33-2-21
Attendance reports
Sec. 21. (a) Each principal and teacher in a public school that is
attended by a student subject to the compulsory school attendance
law under this chapter shall furnish, on request of the superintendent
of the school corporation in which they are employed, a list of:
(1) names;
(2) addresses; and
(3) ages;
of all minors attending the school. When a student withdraws from
school, the principal and teacher shall immediately report to the
superintendent the student's name and address and the date of the
student's withdrawal.
(b) Each principal or school administrator in a nonpublic school
that is attended by a student who is subject to the compulsory school
attendance law under this chapter shall furnish, on request of the state
superintendent, the number of students by grade level attending the
school.
(c) If:
(1) a student withdraws from a nonpublic school; and
(2) no public or other nonpublic school has requested the
student's educational records within fifteen (15) school days
after the date the student withdrew from school;
the nonpublic school shall report to the state superintendent or the
superintendent of the school corporation in which the nonpublic
school is located, the name and address of the student and the date the
student withdrew from school.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-22
List of students no longer enrolled
Sec. 22. (a) Not later than fifteen (15) school days after the
beginning of each semester, the principal of a public high school shall
send to the superintendent with jurisdiction over the school a list of
names and last known addresses of all students:
(1) not graduated; and
(2) not enrolled in the then current semester who were otherwise
eligible for enrollment.
(b) Each superintendent immediately shall make available all lists
received under this section to an authorized representative of:
(1) Ivy Tech Community College of Indiana; and
(2) an agency whose purpose it is to enroll high school dropouts
in various training programs.
(c) Each representative authorized to receive a list prepared under
subsection (b) shall stipulate in writing that the list will be used only
to contact prospective students or prospective trainees. If a list is used
for any other purpose, the college or agency that the recipient
represents is ineligible to receive subsequent lists for five (5) years.
As added by P.L.1-2005, SEC.17. Amended by P.L.127-2005,
SEC.27.
IC 20-33-2-23
Powers of certain officers to take children into custody
Sec. 23. (a) Each school attendance officer, sheriff, marshal, and
police officer in Indiana may take into custody any child who:
(1) is required to attend school under this chapter; and
(2) is found during school hours, unless accompanied:
(A) by a parent; or
(B) with the consent of a parent, by a relative by blood or
marriage who is at least eighteen (18) years of age;
in a public place, in a public or private conveyance, or in a place
of business open to the public.
(b) When an officer takes a child into custody under this section,
the officer shall immediately deliver the child to the principal of the
public or nonpublic school in which the child is enrolled. If a child
is not enrolled in any school, then the officer shall deliver the child
into the custody of the principal of the public school in the attendance
area in which the child resides. If a child is taken to the appropriate
school and the principal is unavailable, the acting chief administrative
officer of the school shall take custody of the child.
(c) The powers conferred under this section may be exercised
without warrant and without subsequent legal proceedings.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-24
Principal; duties when truant child received
Sec. 24. (a) When a child is delivered into the custody of a
principal or acting chief administrative officer under section 23 of
this chapter, the principal or officer shall immediately place the child
in class in the grade or course of study in which the child is enrolled
or to which the child may be properly assigned.
(b) A child who is placed in class under this section shall not be
kept at school beyond the regular hour of dismissal on that day for
the grade or course of study in which the child is placed. As promptly
as reasonably possible after placing a child in class under this section,
the principal or acting chief administrative officer shall attempt to
advise the child's parent of the facts of the case by telephone. The
principal or acting chief administrative officer shall advise the parent
of the facts of the case by mail on the same day the principal or
officer receives the child.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-25
Habitual absence from school; report to juvenile intake officer or
department of child services
Sec. 25. The superintendent or an attendance officer having
jurisdiction shall report a child who is habitually absent from school
in violation of this chapter to an intake officer of the juvenile court
or the department of child services. The intake officer or the
department of child services shall proceed in accord with IC 31-30
through IC 31-40.
As added by P.L.1-2005, SEC.17. Amended by P.L.90-2011, SEC.43.
IC 20-33-2-26
Enforcement of chapter
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.
(b) An affidavit against a parent for a violation of this chapter
shall be prepared and filed in the same manner and under the
procedure prescribed for filing affidavits for the prosecution of public
offenses.
(c) An affidavit under this section shall be filed in a court with
jurisdiction in the county in which the affected child resides. The
prosecuting attorney shall file and prosecute actions under this
section as in other criminal cases. The court shall promptly hear cases
brought under this section.
As added by P.L.1-2005, SEC.17. Amended by P.L.34-2008, SEC.2.
IC 20-33-2-27
Compulsory attendance; parent's responsibility
Sec. 27. (a) It is unlawful for a parent to fail to ensure that the
parent's child attends school as required under this chapter.
(b) Before proceedings are instituted against a parent for a
violation of this section, personal notice of the violation shall be
served on the parent by the superintendent or the superintendent's
designee:
(1) having jurisdiction over the public school where the child
has legal settlement; or
(2) of the transferee corporation, if the child has been
transferred.
(c) For purposes of this section, service of personal notice of a
violation may be made upon a parent by any of the following means:
(1) Delivering a copy of the notice to the parent personally.
Personal notice shall be treated as occurring under this
subdivision on the date of delivery.
(2) Any other means of sending a copy of the notice to the
parent. Personal notice shall be treated as occurring under this
subdivision on the date of delivery.
(3) Leaving a copy of the notice at the last and usual place of the
residence of the parent. Personal notice shall be treated as
occurring under this subdivision on the date the notice is left at
the residence.
(4) Communicating notice of the violation to the parent by any
other means, if the communication is made by the
superintendent for the school or the superintendent's designee.
Personal notice shall be treated as occurring under this
subdivision on the earliest date that the communication is made.
If the violation is not terminated not more than one (1) school day
after this notice is given, or if another violation is committed during
the notice period, no further notice is necessary. Each day of
violation constitutes a separate offense.
As added by P.L.1-2005, SEC.17. Amended by P.L.90-2011, SEC.44.
IC 20-33-2-28
Compulsory attendance for full term; duty of parent
Sec. 28. (a) This section does not apply during a period when a
child is excused from school attendance under this chapter.
(b) It is unlawful for a parent to:
(1) fail;
(2) neglect; or
(3) refuse;
to send the parent's child to a public school for the full term as
required under this chapter unless the child is being provided with
instruction equivalent to that given in public schools.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-28.5
Requirements for exit interview; reporting requirement
Sec. 28.5. (a) This section applies to an individual:
(1) who:
(A) attends or last attended a public school;
(B) is at least sixteen (16) years of age but less than eighteen
(18) years of age; and
(C) has not completed the requirements for graduation;
(2) who:
(A) wishes to withdraw from school before graduation;
(B) fails to return at the beginning of a semester; or
(C) stops attending school during a semester; and
(3) who has no record of transfer to another school.
(b) An individual to whom this section applies may withdraw from
school only if all of the following conditions are met:
(1) An exit interview is conducted.
(2) The individual's parent consents to the withdrawal.
(3) The school principal approves of the withdrawal.
(4) The withdrawal is due to:
(A) financial hardship and the individual must be employed
to support the individual's family or a dependent;
(B) illness; or
(C) an order by a court that has jurisdiction over the child.
During the exit interview, the school principal shall provide to the
student and the student's parent a copy of statistics compiled by the
department concerning the likely consequences of life without a high
school diploma. The school principal shall advise the student and the
student's parent that the student's withdrawal from school may
prevent the student from receiving or result in the revocation of the
student's employment certificate and driver's license or learner's
permit.
(c) For purposes of this section, the following must be in written
form:
(1) An individual's request to withdraw from school.
(2) A parent's consent to a withdrawal.
(3) A principal's consent to a withdrawal.
(d) If the individual's principal does not consent to the individual's
withdrawal under this section, the individual's parent may appeal the
denial of consent to the governing body of the public school that the
individual last attended.
(e) Each public school, including each school corporation and
each charter school (as defined in IC 20-24-1-4), shall provide an
annual report to the department setting forth the following
information:
(1) The total number of individuals:
(A) who withdrew from school under this section; and
(B) who either:
(i) failed to return to school at the beginning of a semester;
or
(ii) stopped attending school during a semester;
and for whom there is no record of transfer to another school.
(2) The number of individuals who withdrew from school
following an exit interview.
(f) If an individual to which this section applies:
(1) has not received consent to withdraw from school under this
section; and
(2) fails to return to school at the beginning of a semester or
during the semester;
the principal of the school that the individual last attended shall
deliver by certified mail or personal delivery to the bureau of child
labor a record of the individual's failure to return to school so that the
bureau of child labor revokes any employment certificates issued to
the individual and does not issue any additional employment
certificates to the individual. For purposes of IC 20-33-3-13, the
individual shall be considered a dropout.
(g) At the same time that a school principal delivers the record
under subsection (f), the principal shall deliver by certified mail or
personal delivery to the bureau of motor vehicles a record of the
individual's failure to return to school so that the bureau of motor
vehicles revokes any driver's license or learner's permit issued to the
individual and does not issue any additional driver's licenses or
learner's permits to the individual before the individual is at least
eighteen (18) years of age. For purposes of IC 9-24-2-1, the
individual shall be considered a dropout.
(h) If:
(1) a principal has delivered the record required under
subsection (f) or (g), or both; and
(2) the school subsequently gives consent to the individual to
withdraw from school under this section;
the principal of the school shall send a notice of withdrawal to the
bureau of child labor and the bureau of motor vehicles by certified
mail or personal delivery and, for purposes of IC 20-33-3-13 and
IC 9-24-2-1, the individual shall no longer be considered a dropout.
As added by P.L.242-2005, SEC.19. Amended by P.L.185-2006,
SEC.15.
IC 20-33-2-28.6
Transfer to nonaccredited nonpublic school; acknowledgment of
legal requirements; notification to bureau of motor vehicles
Sec. 28.6. (a) This section applies to a high school student who is
transferring to a nonaccredited nonpublic school.
(b) Before a student withdraws from a public school, the principal
of the student's school shall provide to the student and to the student's
parent information on a form developed by the department and
approved by the state board that explains the legal requirements of
attending a nonaccredited nonpublic school located in Indiana. The
principal and a parent of the student shall both sign the form to
acknowledge that the parent understands the content of the form.
(c) If the parent of the student refuses to sign the form provided by
the principal under subsection (b), the student is considered a dropout
and the principal shall report the student to the bureau of motor
vehicles for action under section 28.5(g) of this chapter. The student
is considered a dropout for purposes of calculating a high school's
graduation rate under IC 20-26-13-10.
As added by P.L.268-2013, SEC.10.
IC 20-33-2-28.7
Department's compilation of statistics concerning likely
consequences of withdrawing from school before graduation
Sec. 28.7. (a) The department of education shall compile and make
available to schools statistics concerning the likely consequences of
life without a high school diploma. The statistics must include, but
are not limited to, statistics that show the likelihood of an
individual's:
(1) unemployment or employment in a lower paying job; and
(2) involvement in criminal activity;
as the consequence of not obtaining a high school diploma.
(b) The department of education shall update the statistics made
available under subsection (a) every two (2) years.
As added by P.L.242-2005, SEC.20.
IC 20-33-2-29
Children in certain institutions or facilities; compulsory school
attendance; reimbursement for space used within facilities for
court placed student expenses
Sec. 29. (a) It is unlawful for a person operating or responsible for
an educational, correctional, charitable, or benevolent institution or
training school to fail to ensure that a child under the person's
authority attends school as required under this chapter. Each day of
violation of this section constitutes a separate offense.
(b) If a child is placed in an institution or facility by or with the
approval of the department of child services, the institution or facility
shall charge the department of child services for the use of the space
within the institution or facility (commonly called capital costs) that
is used to provide educational services to the child based upon a
prorated per child cost.
As added by P.L.1-2005, SEC.17. Amended by P.L.146-2008,
SEC.475; P.L.1-2009, SEC.125.
IC 20-33-2-30
Separate attendance district; requirement
Sec. 30. A school corporation having an ADA of at least one
thousand five hundred (1,500) students constitutes a separate
attendance district.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.150.
IC 20-33-2-31
Attendance officers; appointment in completely reorganized
counties
Sec. 31. (a) In a county that has been completely reorganized into
one (1) or more school corporations under IC 20-23-4, the governing
body of each school corporation with at least one thousand five
hundred (1,500) students in ADA shall appoint an attendance officer.
The governing body of each school corporation that has fewer than
one thousand five hundred (1,500) students in ADA may appoint an
attendance officer. If the governing body of a school corporation that
has discretion in whether to appoint an attendance officer declines to
make an appointment, the superintendent of the school corporation
shall serve as ex officio attendance officer under section 35 of this
chapter.
(b) Whenever the governing body of a school corporation makes
an appointment under this section, it shall appoint an individual
nominated by the superintendent. However, the governing body may
decline to appoint any nominee and require another nomination. The
salary of each attendance officer appointed under this section shall be
fixed by the governing body. In addition to salary, the attendance
officer is entitled to receive reimbursement for actual expenses
necessary to properly perform the officer's duties. The salary and
expenses of an attendance officer appointed under this section shall
be paid by the treasurer of the school corporation.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.151.
IC 20-33-2-32
Attendance officers in certain counties
Sec. 32. (a) In a county that has not been completely reorganized
under IC 20-23-4, the governing body of each school corporation that
constitutes a separate attendance district under section 30 of this
chapter shall appoint an attendance officer. One (1) additional
attendance officer may be appointed for every seven thousand five
hundred (7,500) students in ADA in the corporation.
(b) Whenever the governing body of a school corporation makes
an appointment under this section, it shall appoint an individual
nominated by the superintendent. However, the governing body may
decline to appoint any nominee and require another nomination. The
salary of each attendance officer appointed under this section shall be
fixed by the governing body. In addition to salary, the officer is
entitled to receive reimbursement for actual expenses necessary to
properly perform the officer's duties. The salary and expenses of an
attendance officer appointed under this section shall be paid by the
treasurer of the county in which the officer serves, on a warrant
signed by the county auditor. The county council shall appropriate,
and the board of county commissioners shall allow, the funds
necessary to make these payments. However, a warrant shall not be
issued to an attendance officer until the attendance officer has filed
an itemized statement with the county auditor. This statement shall
show the time employed and expenses incurred. The superintendent
shall approve the statement and certify that it is correct.
As added by P.L.1-2005, SEC.17. Amended by P.L.231-2005,
SEC.43; P.L.1-2006, SEC.334; P.L.2-2006, SEC.152; P.L.1-2007,
SEC.146.
IC 20-33-2-33
Attendance officers; appointment in remainder attendance districts
Sec. 33. (a) In a county that has not been completely reorganized
under IC 20-23-4, all school corporations that do not individually
constitute separate attendance districts under section 30 of this
chapter together constitute a remainder attendance district. The
governing bodies of each remainder attendance district with at least
one thousand five hundred (1,500) students in ADA shall appoint an
attendance officer. One (1) additional attendance officer may be
appointed for every seven thousand five hundred (7,500) students in
ADA in the district. The governing bodies of a remainder attendance
district with less than one thousand five hundred (1,500) students in
ADA may appoint an attendance officer. If the governing bodies have
discretion in whether to appoint an attendance officer and decline to
make an appointment, the superintendent or superintendents involved
shall serve as ex officio attendance officers under section 35 of this
chapter.
(b) The governing bodies of the school corporations involved shall
together form an appointing authority for attendance officers with the
governing body of each school corporation having one (1) vote. This
appointing authority shall appoint an individual nominated by the
superintendent. However, the appointing authority may reject any
nominee and require another nomination. The salary of each
attendance officer appointed under this section shall be fixed by the
appointing authority. In addition to salary, the officer is entitled to
receive reimbursement for actual expenses necessary to properly
perform the officer's duties. The salary and expenses of an attendance
officer appointed under this section shall be paid by the treasurer of
the county in which the officer serves, on a warrant signed by the
county auditor. The county council shall appropriate, and the board
of county commissioners shall allow, the funds necessary to make
these payments. However, a warrant may not be issued to an
attendance officer until the officer has filed an itemized statement
with the county auditor. This statement must show the time employed
and expenses incurred. The appropriate superintendent shall approve
the statement and certify that it is correct.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.153.
IC 20-33-2-34
Attendance officers in certain counties; appointment in separate
attendance districts
Sec. 34. (a) This section applies to a county having a population
of:
(1) more than twenty-five thousand eight hundred (25,800) but
less than twenty-six thousand (26,000); or
(2) more than one hundred fifty thousand (150,000) but less
than one hundred seventy thousand (170,000).
(b) Notwithstanding sections 32 and 33 of this chapter, in a county
that has not been completely reorganized under IC 20-23-4, the
governing body of each school corporation constituting a separate
attendance district under section 30 of this chapter shall appoint an
attendance officer. One (1) additional attendance officer may be
appointed for every seven thousand five hundred (7,500) students in
ADA in the school corporation. The governing body of each school
corporation that does not individually constitute a separate attendance
district may appoint an attendance officer.
(c) If the governing body of the school corporation makes an
appointment under this section, it shall appoint an individual who is
nominated by the superintendent of the school corporation. However,
the governing body may decline to appoint a nominee and may
require another nomination to be made by the superintendent. If the
governing body has discretion in whether to appoint an attendance
officer under subsection (b) and declines to make an appointment, the
superintendent of the school corporation involved shall serve as ex
officio attendance officer under section 35 of this chapter.
(d) The salary, including fringe benefits, of each attendance officer
appointed under this section shall be fixed by the governing body of
the school corporation and shall be paid by the treasurer of the school
corporation.
(e) Each attendance officer appointed under this section is entitled
to receive reimbursement from the school corporation for the actual
and necessary expenses incurred by the attendance officer in the
proper performance of the attendance officer's duties.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.154;
P.L.119-2012, SEC.156.
IC 20-33-2-35
Ex officio attendance officers
Sec. 35. If the governing body of a school corporation elects not
to appoint an attendance officer under section 31 of this chapter or an
appointing authority elects not to appoint an attendance officer under
section 33 of this chapter, the superintendent shall serve as an ex
officio attendance officer. A superintendent acting in this capacity
may designate one (1) or more school employees as assistant
attendance officers. These assistant attendance officers shall act under
the superintendent's direction and perform the duties the
superintendent assigns. Ex officio attendance officers and assistant
attendance officers appointed under this section shall receive no
additional compensation for performing attendance services.
As added by P.L.1-2005, SEC.17. Amended by P.L.90-2011, SEC.45.
IC 20-33-2-36
Joint employment of attendance officer
Sec. 36. The governing bodies of two (2) or more school
corporations may enter into a voluntary mutual agreement for the
joint employment of an attendance officer. The agreement must
stipulate the manner in which the joint attendance officer is
appointed, paid, and supervised. The attendance officer may then be
appointed, paid, and supervised under the terms of the agreement.
However, compensation for any attendance officer employed under
this section shall be paid entirely by the school corporations involved
with no assistance from the civil government.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-37
Attendance officers; appointment in optional separate district
Sec. 37. The governing body of a school corporation that has
fewer than one thousand five hundred (1,500) students in ADA may
organize the school corporation as a separate attendance district and
appoint an attendance officer. The governing body, in making the
appointment, shall appoint an individual nominated by the
superintendent. However, it may decline to appoint any nominee and
require another nomination. All compensation for an attendance
officer appointed under this section shall be paid by the treasurer of
the school corporation in which the officer is employed.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.155.
IC 20-33-2-38
Attendance officers; appointment of additional officers
Sec. 38. Any school corporation, attendance district, or remainder
attendance district may appoint more attendance officers than are
specifically authorized or required under this chapter. However, these
additional attendance officers shall be appointed in the same manner
as required by law for other attendance officers. Compensation for
additional attendance officers appointed under this section shall be
paid entirely by the school corporation or school corporations
involved.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-39
Attendance officers; duties
Sec. 39. An attendance officer has the following duties:
(1) To serve subject to the rules, direction, and control of the
superintendent in the attendance officer's attendance district.
(2) To maintain an office at a place designated by the
superintendent.
(3) To be on duty during school hours and at other times as the
superintendent may request.
(4) To keep records and make reports as required by the state
board.
(5) To visit the homes of children who are absent from school
or who are reported to be in need of books, clothing, or parental
care.
(6) Whenever the superintendent directs or approves it, to bring
suit to enforce any provision of this chapter that is being
violated.
(7) To serve written notice on any parent whose child is out of
school illegally.
(8) To visit factories where children are employed.
(9) To perform other duties necessary for complete enforcement
of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-40
Attendance officers; special powers
Sec. 40. (a) Each attendance officer may serve original and other
process in cases arising under this chapter.
(b) An attendance officer may enter any place where a child is
employed to determine whether violations of this chapter or of
IC 20-33-3 have occurred. When an attendance officer or a school
official is exercising the power granted under this subsection, any
officer, manager, director, employee or other person who refuses to
permit the attendance officer's or the school official's entry into a
place of business or interferes with his investigation in any way
commits a violation of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-41
Attendance officers; licensing required; exception
Sec. 41. With the exception of ex officio attendance officers, an
individual may not hold the position of attendance officer unless the
individual has complied with all standards of the department and has
been properly licensed by the department.
As added by P.L.1-2005, SEC.17. Amended by P.L.246-2005,
SEC.178.
IC 20-33-2-42
Attendance; duties of state superintendent of public instruction
Sec. 42. The state superintendent shall:
(1) prescribe duties for the state attendance officer not provided
by law;
(2) design and require use of a system of attendance reports,
records, and forms necessary for the enforcement of this
chapter; and
(3) perform all other duties necessary for the complete
enforcement of this chapter.
As added by P.L.1-2005, SEC.17. Amended by P.L.90-2011, SEC.46.
IC 20-33-2-43
State attendance officers; appointment; removal; duties; powers
Sec. 43. (a) The state superintendent shall appoint a state
attendance officer. The state attendance officer serves at the pleasure
of the state superintendent and may be removed by the state
superintendent at any time.
(b) The state attendance officer shall:
(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.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-44
Penalty
Sec. 44. (a) This section does not apply to section 47 of this
chapter.
(b) A person who knowingly violates this chapter commits a Class
B misdemeanor.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-45
State board; supervision; rules
Sec. 45. (a) The state board shall exercise general supervision by
resolution over the attendance system of the state.
(b) The state board may adopt rules under IC 4-22-2 pertaining to
the state attendance system and the enforcement of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-46
Compulsory attendance; exceptions; physical or mental fitness
Sec. 46. (a) Except as provided in subsection (c), a superintendent
or school leader may exclude or excuse a student found mentally or
physically unfit for school attendance. An exclusion or excuse under
this section is valid only for the school year during which it is issued
and shall not violate a student's right to a free and appropriate public
education under federal law.
(b) A student may not be compelled to undergo any examination
or treatment under this chapter when the student's parent objects on
religious grounds, which consists of a good faith reliance on spiritual
means or prayer for healing. The objection is not effective unless it
is:
(1) made in writing;
(2) signed by the student's parent; and
(3) delivered to the student's teacher or to the individual who
might order an examination or treatment absent the objection.
(c) If a physician, psychologist, or psychiatrist certifies that a
student is fit for school attendance, the superintendent or school
leader may not exclude or excuse that student. However, nothing in
this section shall prohibit a school from disciplining a student
pursuant to any legal authority, including but not limited to
IC 20-33-8.
As added by P.L.1-2005, SEC.17. Amended by P.L.41-2014, SEC.3.
IC 20-33-2-47
School corporations; notification of absences; reports to local
health departments
Sec. 47. (a) A school corporation may develop and implement a
system of notifying the parent of a student when:
(1) the student fails to attend school; and
(2) the student does not have an excused absence for that day.
(b) A school corporation or an accredited nonpublic school shall
report to the local health department the percentage of student
absences above a threshold determined by the department by rule
adopted under IC 4-22-2.
(c) If a school corporation implements a notification system under
this chapter, the attendance officer or the attendance officer's
designee shall make a reasonable effort to contact by telephone the
parent of each student who has failed to attend school and does not
have an excused absence for that day.
(d) If an attendance officer or an attendance officer's designee has
made a reasonable effort to contact a parent under subsection (c), the
school corporation is immune from liability for any damages suffered
by the parent claimed because of failure to contact the parent.
As added by P.L.1-2005, SEC.17.
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