2021 Indiana Code
Title 20. Education
Article 33. Students: General Provisions
Chapter 2. Compulsory School Attendance
20-33-2-11-b. Driver's License or Learner's Permit for Habitual Truants

     Note: This version of section effective 1-1-2022. See also preceding version of this section, effective until 1-1-2022.

Sec. 11. (a) Notwithstanding IC 9-24 concerning the 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).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-17.2.]

As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005, SEC.18; P.L.233-2015, SEC.248; P.L.111-2021, SEC.95.