CHAPTER 2. COMPULSORY SCHOOL ATTENDANCE
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 anefficient and speedy means of insuring that students receive a propereducation 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Repealed
(Repealed by P.L.2-2006, SEC.199.)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 ofthe following:
(1) A person less than eighteen (18) years of age who isdomiciled 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 byrule 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 fromschool; 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 20-33-2-4
Compulsory attendance
Sec. 4. Subject to the specific exceptions under this chapter, astudent shall attend either:
(1) a public school that the student is entitled to attend underIC 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 thischapter shall attend school each year for the number of days publicschools are in session:
(1) in the school corporation in which the student is enrolled inIndiana; 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 chapterfrom the earlier of the date on which the student officially enrolls ina school or, except as provided in section 8 of this chapter, thebeginning of the fall school term for the school year in which thestudent becomes seven (7) years of age until the date on which thestudent:
(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 thischapter concerning an exit interview are met enabling thestudent 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 6of 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 subsequentschool year;
to officially enroll in a kindergarten program offered by a schoolcorporation. However, subject to subsection (c), the governing bodyof the school corporation shall adopt a procedure affording a parentof a student who does not meet the minimum age requirement setforth in this subsection the right to appeal to the superintendent forenrollment of the student in kindergarten at an age earlier than theage set forth in this subsection.
(b) In addition to the requirements of sections 4 through 6 of thischapter and subsection (a), and subject to subsection (c), if a studentenrolls in school as allowed under section 6 of this chapter and hasnot attended kindergarten, the superintendent shall make adetermination as to whether the student shall enroll in kindergartenor grade 1 based on the particular model assessment adopted by thegoverning body under subsection (c).
(c) To assist the principal and governing bodies, the departmentshall do the following:
(1) Establish guidelines to assist each governing body inestablishing a procedure for making appeals to thesuperintendent under subsection (a).
(2) Establish criteria by which a governing body may adopt amodel assessment that may be used in making the determinationunder 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 chapteruntil the student becomes seven (7) years of age, if, upon request ofthe superintendent of the school corporation, the parent of a studentwho would otherwise be subject to compulsory school attendanceunder section 6 of this chapter certifies to the superintendent that theparent intends to:
(1) enroll the student in a nonaccredited, nonpublic school; or
(2) begin providing the student with instruction equivalent tothat given in the public schools as permitted under section 28 ofthis chapter;
not later than the date on which the student becomes seven (7) yearsof 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 shalldesignate the appropriate employees of the school corporation toconduct the exit interviews for students described in section 6(3) ofthis 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 thaneighteen (18) years of age is bound by the requirements ofcompulsory school attendance and may not withdraw from schoolbefore graduation unless:
(1) the student, the student's parent, and the principal agree tothe withdrawal;
(2) at the exit interview, the student provides writtenacknowledgment of the withdrawal that meets the requirementsof subsection (c) and the:
(A) student's parent; and
(B) school principal;
each provide written consent for the student to withdraw fromschool; and
(3) the withdrawal is due to:
(A) financial hardship and the individual must be employedto 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 parentunderstand 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 thefuture.
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 forinformation on missing children
Sec. 10. (a) Each public school shall and each private school mayrequire 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 otherreliable proof of the student's date of birth.
(b) Not more than fourteen (14) days after initial enrollment in aschool, the school shall request the student's records from the schoolthe student last attended.
(c) If the document described in subsection (a)(2):
(1) is not provided to the school not more than thirty (30) daysafter the student's enrollment; or
(2) appears to be inaccurate or fraudulent;
the school shall notify the Indiana clearinghouse for information onmissing children and missing endangered adults established underIC 10-13-5-5 and determine if the student has been reported missing.
(d) A school in Indiana receiving a request for records shall sendthe records promptly to the requesting school. However, if a requestis received for records to which a notice has been attached underIC 31-36-1-5 (or IC 31-6-13-6 before its repeal), the school:
(1) shall immediately notify the Indiana clearinghouse forinformation on missing children and missing endangered adults;
(2) may not send the school records without the authorizationof the clearinghouse; and
(3) may not inform the requesting school that a notice underIC 31-36-1-5 (or IC 31-6-13-6 before its repeal) has beenattached to the records.
As added by P.L.1-2005, SEC.17. Amended by P.L.43-2009, SEC.18.
IC 20-33-2-11
Habitual truants ineligible for operator's license or learner'spermit; minimum definition of "habitual truant"
Sec. 11. (a) Notwithstanding IC 9-24 concerning the minimumrequirements for qualifying for the issuance of an operator's licenseor a learner's permit, and subject to subsections (c) through (e), anindividual 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 truantestablished 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 drivea 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 thewritten 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 ischronically absent, by having unexcused absences from schoolfor more than ten (10) days of school in one (1) school year;
(2) the procedures under which subsection (a) will beadministered; and
(3) all other pertinent matters related to this action.
(c) An individual described in subsection (a) is entitled to theprocedure described in IC 20-33-8-19.
(d) An individual described in subsection (a) who is at leastthirteen (13) years of age and less than eighteen (18) years of age isentitled to a periodic review of the individual's attendance record inschool to determine whether the prohibition described in subsection(a) shall continue. The periodic reviews may not be conducted lessthan one (1) time each school year.
(e) Upon review, the governing body may determine that theindividual's attendance record has improved to the degree that theindividual may become eligible to be issued an operator's license ora learner's permit.
(f) Before:
(1) February 1; and
(2) October 1;
of each year the governing body of the school corporation shallsubmit to the bureau of motor vehicles the pertinent informationconcerning an individual's ineligibility under subsection (a) to beissued an operator's license or a learner's permit.
(g) The department shall develop guidelines concerning criteriaused in defining a habitual truant that may be considered by agoverning 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; curriculumor 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 withregard to curriculum or the content of educational programs offeredby the school.
(b) This section may not be construed to prohibit a student whoattends a school described in subsection (a) from enrolling in a
particular educational program or participating in a particulareducational initiative offered by an accredited public, nonpublic, orstate board approved nonpublic school if:
(1) the governing body or superintendent, in the case of theaccredited public school; or
(2) the administrative authority, in the case of the accredited orstate 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 thefollowing information in the official high school transcript for astudent in high school:
(1) Attendance records.
(2) The student's latest ISTEP program test results underIC 20-32-5.
(3) Any secondary level and postsecondary level certificates ofachievement earned by the student.
(4) Immunization information from the immunization record thestudent's school keeps under IC 20-34-4-1.
(5) Any dual credit courses taken that are included in the coretransfer library under IC 21-42-5-4.
(b) A school corporation may include information on a student'shigh school transcript that is in addition to the requirements ofsubsection (a).
As added by P.L.1-2005, SEC.17. Amended by P.L.140-2008, SEC.8.
IC 20-33-2-14
Attendance exception; service as a page for or as an honoree of thegeneral assembly
Sec. 14. (a) This section and sections 15 through 17.5 of thischapter apply to a student who attends either a public school or anonpublic school.
(b) Service as a page for or as an honoree of the general assemblyis a lawful excuse for a student to be absent from school, whenverified by a certificate of the secretary of the senate or the chiefclerk of the house of representatives. A student excused from schoolattendance under this section may not be recorded as being absent onany date for which the excuse is operative and may not be penalizedby the school in any manner.
As added by P.L.1-2005, SEC.17. Amended by P.L.185-2006,SEC.13.
IC 20-33-2-15
Attendance exception; service on precinct election board or forpolitical candidates or parties
Sec. 15. (a) The governing body of a school corporation and thechief administrative official of a nonpublic secondary school system
shall authorize the absence and excuse of each secondary schoolstudent who serves:
(1) on the precinct election board; or
(2) as a helper to a political candidate or to a political party onthe date of each general, city or town, special, and primaryelection at which the student works.
(b) Before the date of the election, the student must submit adocument signed by one (1) of the student's parents givingpermission to participate in the election as provided in this section,and the student must verify to school authorities the performance ofservices by submitting a document signed by the candidate, politicalparty chairman, campaign manager, or precinct officer generallydescribing the duties of the student on the date of the election. Astudent excused from school attendance under this section may notbe recorded as being absent on any date for which the excuse isoperative 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 chiefadministrative officer of a nonpublic school system shall authorizethe absence and excuse of a student who is issued a subpoena toappear in court as a witness in a judicial proceeding. A studentexcused under this section shall not be recorded as being absent onany date for which the excuse is operative and shall not be penalizedby the school in any manner. The appropriate school authority mayrequire that the student submit the subpoena to the appropriateschool 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 chiefadministrative officer of a nonpublic school system shall authorizethe absence and excuse of each secondary school student who isordered to active duty with the Indiana National Guard for not morethan ten (10) days in a school year. For verification, the student mustsubmit to school authorities a copy of the orders to active duty anda copy of the orders releasing the student from active duty. A studentexcused from school attendance under this section may not berecorded as being absent on any date for which the excuse isoperative 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 chiefadministrative officer of a nonpublic school system shall authorizethe absence and excuse of each secondary school student who is a
member of the Indiana wing of the civil air patrol and who isparticipating in a civil air patrol:
(1) international air cadet exchange program, for the length ofthe program; or
(2) emergency service operation, including:
(A) search and rescue missions designated by the Air ForceRescue Coordination Center;
(B) disaster relief, when requested by the FederalEmergency Management Agency or the department ofhomeland security established by IC 10-19-2-1;
(C) humanitarian services, when requested by the FederalEmergency Management Agency or the department ofhomeland security established by IC 10-19-2-1;
(D) United States Air Force support designated by the FirstAir Force, North American Aerospace Defense Command;or
(E) United States Air Force military flights, if the flights arenot 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 appropriatedocumentation from the Indiana wing of the civil air patrol detailingthe reason for the student's absence. A student excused from schoolattendance under this section may not be recorded as being absent onany date to which the excuse applies and may not be penalized by theschool 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 relatednonclassroom activity; nonclassroom activity
Sec. 17.5. The governing body of a school corporation mayauthorize the absence and excuse of a student who attends anyeducationally related nonclassroom activity. Any educationallyrelated nonclassroom activity and nonclassroom activity must meetall the following conditions:
(1) Is consistent with and promotes the educational philosophyand 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 courseor curriculum.
(4) Represents a unique educational opportunity.
(5) Cannot reasonably occur without interrupting the schoolday.
(6) Is approved in writing by the school principal.
As added by P.L.185-2006, SEC.14.
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 toschool because of the student's illness or mental or physical
incapacity, it is unlawful for the parent to fail or refuse to produce acertificate of the illness or incapacity for an attendance officer notlater 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 orchiropractic in Indiana; or
(3) a Christian Science practitioner who resides in Indiana andis 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 apublic school makes a written request, the principal may allow thestudent to attend a school for religious instruction that is conductedby a church, an association of churches, or an association that isorganized for religious instruction and incorporated under Indianalaw.
(b) If a principal grants permission under subsection (a), theprincipal shall specify a period or periods, not to exceed one hundredtwenty (120) minutes in total in any week, for the student to receivereligious instruction. The permission is valid only for the year inwhich it is granted. Decisions made by a principal under this sectionmay be reviewed by the superintendent.
(c) A school for religious instruction that receives students underthis section:
(1) shall maintain attendance records and allow inspection ofthese 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 underthis section shall receive the same attendance credit that the studentwould receive for attendance in the public schools for the samelength 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 eachstudent who is subject to compulsory school attendance under thischapter shall be kept by every public and nonpublic school.
(b) In a public school, the record shall be open at all times forinspection 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 underIC 20-26-16.
Every teacher shall answer fully all lawful inquiries made by an
attendance officer, a school official, an agent of the department oflabor, or a security police officer appointed under IC 36-8-3-7.
(c) In a nonpublic school, the record shall be required to be keptsolely to verify the enrollment and attendance of a student uponrequest of the:
(1) state superintendent; or
(2) superintendent of the school corporation in which thenonpublic 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 isattended by a student subject to the compulsory school attendancelaw under this chapter shall furnish, on request of the superintendentof 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 fromschool, the principal and teacher shall immediately report to thesuperintendent the student's name and address and the date of thestudent's withdrawal.
(b) Each principal or school administrator in a nonpublic schoolthat is attended by a student who is subject to the compulsory schoolattendance law under this chapter shall furnish, on request of thestate superintendent, the number of students by grade level attendingthe school.
(c) If:
(1) a student withdraws from a nonpublic school; and
(2) no public or other nonpublic school has requested thestudent's educational records within fifteen (15) school daysafter the date the student withdrew from school;
the nonpublic school shall report to the state superintendent or thesuperintendent of the school corporation in which the nonpublicschool is located, the name and address of the student and the datethe 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 thebeginning of each semester, the principal of a public high schoolshall send to the superintendent with jurisdiction over the school alist of names and last known addresses of all students:
(1) not graduated; and
(2) not enrolled in the then current semester who wereotherwise eligible for enrollment.
(b) Each superintendent immediately shall make available all listsreceived 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 dropoutsin various training programs.
(c) Each representative authorized to receive a list prepared undersubsection (b) shall stipulate in writing that the list will be used onlyto contact prospective students or prospective trainees. If a list isused for any other purpose, the college or agency that the recipientrepresents 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, andpolice 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 ormarriage who is at least eighteen (18) years of age;
in a public place, in a public or private conveyance, or in aplace 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 thepublic or nonpublic school in which the child is enrolled. If a childis not enrolled in any school, then the officer shall deliver the childinto the custody of the principal of the public school in theattendance area in which the child resides. If a child is taken to theappropriate school and the principal is unavailable, the acting chiefadministrative officer of the school shall take custody of the child.
(c) The powers conferred under this section may be exercisedwithout 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 aprincipal or acting chief administrative officer under section 23 ofthis chapter, the principal or officer shall immediately place the childin class in the grade or course of study in which the child is enrolledor to which the child may be properly assigned.
(b) A child who is placed in class under this section shall not bekept at school beyond the regular hour of dismissal on that day forthe grade or course of study in which the child is placed. Aspromptly as reasonably possible after placing a child in class underthis section, the principal or acting chief administrative officer shallattempt to advise the child's parent of the facts of the case bytelephone. The principal or acting chief administrative officer shalladvise the parent of the facts of the case by mail on the same day theprincipal or officer receives the child.As added by P.L.1-2005, SEC.17.
IC 20-33-2-25
Report to juvenile court intake officer; habitual absence fromschool
Sec. 25. The superintendent or an attendance officer havingjurisdiction may report a child who is habitually absent from schoolin violation of this chapter to an intake officer of the juvenile court.The intake officer shall proceed in accord with IC 31-30 throughIC 31-40.
As added by P.L.1-2005, SEC.17.
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 underIC 20-26-16;
to enforce this chapter in their respective jurisdictions and to executethe affidavits authorized under this section. The duty is several, andthe failure of one (1) or more to act does not excuse another officialfrom the obligation to enforce this chapter.
(b) An affidavit against a parent for a violation of this chaptershall be prepared and filed in the same manner and under theprocedure prescribed for filing affidavits for the prosecution ofpublic offenses.
(c) An affidavit under this section shall be filed in a court withjurisdiction in the county in which the affected child resides. Theprosecuting attorney shall file and prosecute actions under thissection as in other criminal cases. The court shall promptly hearcases 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 theparent's child attends school as required under this chapter.
(b) Before proceedings are instituted against a parent for aviolation of this section, personal notice of the violation shall beserved on the parent by the superintendent or the superintendent'sdesignee:
(1) having jurisdiction over the public school where the childhas legal settlement; or
(2) of the transferee corporation, if the child has beentransferred.
(c) Personal notice must consist of and take place at the time ofthe occurrence of one of the following events: (1) The date of personal delivery of notice.
(2) The date of receipt of the notice sent by certified mail.
(3) The date of leaving notice at the last and usual place of theresidence of the parent.
If the violation is not terminated not more than one (1) school dayafter this notice is given, or if another violation is committed duringthe notice period, no further notice is necessary. Each day ofviolation constitutes a separate offense.
As added by P.L.1-2005, SEC.17.
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 achild 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 asrequired under this chapter unless the child is being provided withinstruction 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 withdrawfrom 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 employedto 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 thestudent and the student's parent a copy of statistics compiled by thedepartment concerning the likely consequences of life without a highschool diploma. The school principal shall advise the student and the
student's parent that the student's withdrawal from school mayprevent the student from receiving or result in the revocation of thestudent's employment certificate and driver's license or learner'spermit.
(c) For purposes of this section, the following must be in writtenform:
(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'swithdrawal under this section, the individual's parent may appeal thedenial of consent to the governing body of the public school that theindividual last attended.
(e) Each public school, including each school corporation andeach charter school (as defined in IC 20-24-1-4), shall provide anannual report to the department setting forth the followinginformation:
(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 anotherschool.
(2) The number of individuals who withdrew from schoolfollowing an exit interview.
(f) If an individual to which this section applies:
(1) has not received consent to withdraw from school under thissection; and
(2) fails to return to school at the beginning of a semester orduring the semester;
the principal of the school that the individual last attended shalldeliver by certified mail or personal delivery to the bureau of childlabor a record of the individual's failure to return to school so that thebureau of child labor revokes any employment certificates issued tothe individual and does not issue any additional employmentcertificates to the individual. For purposes of IC 20-33-3-13, theindividual shall be considered a dropout.
(g) At the same time that a school principal delivers the recordunder subsection (f), the principal shall deliver by certified mail orpersonal delivery to the bureau of motor vehicles a record of theindividual's failure to return to school so that the bureau of motorvehicles revokes any driver's license or learner's permit issued to theindividual and does not issue any additional driver's licenses orlearner's permits to the individual before the individual is at leasteighteen (18) years of age. For purposes of IC 9-24-2-1, theindividual 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 towithdraw from school under this section;
the principal of the school shall send a notice of withdrawal to thebureau of child labor and the bureau of motor vehicles by certifiedmail or personal delivery and, for purposes of IC 20-33-3-13 andIC 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 20-33-2-28.7
Department's compilation of statistics concerning likelyconsequences of withdrawing from school before graduation
Sec. 28.7. (a) The department of education shall compile andmake available to schools statistics concerning the likelyconsequences of life without a high school diploma. The statisticsmust include, but are not limited to, statistics that show thelikelihood 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 madeavailable 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 schoolattendance; reimbursement for space used within facilities forcourt placed student expenses
Sec. 29. (a) It is unlawful for a person operating or responsible foran educational, correctional, charitable, or benevolent institution ortraining school to fail to ensure that a child under the person'sauthority attends school as required under this chapter. Each day ofviolation of this section constitutes a separate offense.
(b) If a child is placed in an institution or facility by or with theapproval of the department of child services, the institution or facilityshall charge the department of child services for the use of the spacewithin the institution or facility (commonly called capital costs) thatis used to provide educational services to the child based upon aprorated 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 onethousand five hundred (1,500) students constitutes a separateattendance 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 reorganizedcounties
Sec. 31. (a) In a county that has been completely reorganized intoone (1) or more school corporations under IC 20-23-4, the governingbody of each school corporation with at least one thousand fivehundred (1,500) students in ADA shall appoint an attendance officer.The governing body of each school corporation that has fewer thanone thousand five hundred (1,500) students in ADA may appoint anattendance officer. If the governing body of a school corporation thathas discretion in whether to appoint an attendance officer declines tomake an appointment, the superintendent of the school corporationshall serve as ex officio attendance officer under section 35 of thischapter.
(b) Whenever the governing body of a school corporation makesan appointment under this section, it shall appoint an individualnominated by the superintendent. However, the governing body maydecline to appoint any nominee and require another nomination. Thesalary of each attendance officer appointed under this section shallbe fixed by the governing body. In addition to salary, the attendanceofficer is entitled to receive reimbursement for actual expensesnecessary to properly perform the officer's duties. The salary andexpenses of an attendance officer appointed under this section shallbe 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 reorganizedunder IC 20-23-4, the governing body of each school corporation thatconstitutes a separate attendance district under section 30 of thischapter shall appoint an attendance officer. One (1) additionalattendance officer may be appointed for every seven thousand fivehundred (7,500) students in ADA in the corporation.
(b) Whenever the governing body of a school corporation makesan appointment under this section, it shall appoint an individualnominated by the superintendent. However, the governing body maydecline to appoint any nominee and require another nomination. Thesalary of each attendance officer appointed under this section shallbe fixed by the governing body. In addition to salary, the officer isentitled to receive reimbursement for actual expenses necessary toproperly perform the officer's duties. The salary and expenses of anattendance officer appointed under this section shall be paid by thetreasurer of the county in which the officer serves, on a warrantsigned by the county auditor. The county council shall appropriate,and the board of county commissioners shall allow, the fundsnecessary to make these payments. However, a warrant shall not beissued to an attendance officer until the attendance officer has filedan itemized statement with the county auditor. This statement shallshow 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 attendancedistricts
Sec. 33. (a) In a county that has not been completely reorganizedunder IC 20-23-4, all school corporations that do not individuallyconstitute separate attendance districts under section 30 of thischapter together constitute a remainder attendance district. Thegoverning bodies of each remainder attendance district with at leastone thousand five hundred (1,500) students in ADA shall appoint anattendance officer. One (1) additional attendance officer may beappointed for every seven thousand five hundred (7,500) students inADA in the district. The governing bodies of a remainder attendancedistrict with less than one thousand five hundred (1,500) students inADA may appoint an attendance officer. If the governing bodieshave discretion in whether to appoint an attendance officer anddecline to make an appointment, the superintendent orsuperintendents involved shall serve as ex officio attendance officersunder section 35 of this chapter.
(b) The governing bodies of the school corporations involvedshall together form an appointing authority for attendance officerswith the governing body of each school corporation having one (1)vote. This appointing authority shall appoint an individual nominatedby the superintendent. However, the appointing authority may rejectany nominee and require another nomination. The salary of eachattendance officer appointed under this section shall be fixed by theappointing authority. In addition to salary, the officer is entitled toreceive reimbursement for actual expenses necessary to properlyperform the officer's duties. The salary and expenses of anattendance officer appointed under this section shall be paid by thetreasurer of the county in which the officer serves, on a warrantsigned by the county auditor. The county council shall appropriate,and the board of county commissioners shall allow, the fundsnecessary to make these payments. However, a warrant may not beissued to an attendance officer until the officer has filed an itemizedstatement with the county auditor. This statement must show the timeemployed and expenses incurred. The appropriate superintendentshall 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 separateattendance districts
Sec. 34. (a) This section applies to a county having a populationof:
(1) more than twenty-seven thousand (27,000) but less than
twenty-seven thousand two hundred (27,200); or
(2) more than one hundred forty-five thousand (145,000) butless than one hundred forty-eight thousand (148,000).
(b) Notwithstanding sections 32 and 33 of this chapter, in acounty that has not been completely reorganized under IC 20-23-4,the governing body of each school corporation constituting a separateattendance district under section 30 of this chapter shall appoint anattendance officer. One (1) additional attendance officer may beappointed for every seven thousand five hundred (7,500) students inADA in the school corporation. The governing body of each schoolcorporation that does not individually constitute a separateattendance district may appoint an attendance officer.
(c) If the governing body of the school corporation makes anappointment under this section, it shall appoint an individual who isnominated by the superintendent of the school corporation. However,the governing body may decline to appoint a nominee and mayrequire another nomination to be made by the superintendent. If thegoverning body has discretion in whether to appoint an attendanceofficer under subsection (b) and declines to make an appointment,the superintendent of the school corporation involved shall serve asex officio attendance officer under section 35 of this chapter.
(d) The salary, including fringe benefits, of each attendanceofficer appointed under this section shall be fixed by the governingbody of the school corporation and shall be paid by the treasurer ofthe school corporation.
(e) Each attendance officer appointed under this section is entitledto receive reimbursement from the school corporation for the actualand necessary expenses incurred by the attendance officer in theproper performance of the attendance officer's duties.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.154.
IC 20-33-2-35
Ex officio attendance officers
Sec. 35. If the governing body of a school corporation elects notto appoint an attendance officer under section 31 of this chapter oran appointing authority elects not to appoint an attendance officerunder section 33 of this chapter, the superintendent shall serve as anex officio attendance officer. A superintendent acting in this capacitymay designate one (1) or more teachers as assistant attendanceofficers. These assistant attendance officers shall act under thesuperintendent's direction and perform the duties the superintendentassigns. Ex officio attendance officers and assistant attendanceofficers appointed under this section shall receive no additionalcompensation for performing attendance services.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-36
Joint employment of attendance officer
Sec. 36. The governing bodies of two (2) or more schoolcorporations may enter into a voluntary mutual agreement for the
joint employment of an attendance officer. The agreement muststipulate the manner in which the joint attendance officer isappointed, paid, and supervised. The attendance officer may then beappointed, paid, and supervised under the terms of the agreement.However, compensation for any attendance officer employed underthis section shall be paid entirely by the school corporations involvedwith 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 hasfewer than one thousand five hundred (1,500) students in ADA mayorganize the school corporation as a separate attendance district andappoint an attendance officer. The governing body, in making theappointment, shall appoint an individual nominated by thesuperintendent. However, it may decline to appoint any nominee andrequire another nomination. All compensation for an attendanceofficer appointed under this section shall be paid by the treasurer ofthe 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 remainderattendance district may appoint more attendance officers than arespecifically authorized or required under this chapter. However,these additional attendance officers shall be appointed in the samemanner as required by law for other attendance officers.Compensation for additional attendance officers appointed under thissection shall be paid entirely by the school corporation or schoolcorporations 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 thesuperintendent in the attendance officer's attendance district.
(2) To maintain an office at a place designated by thesuperintendent.
(3) To be on duty during school hours and at other times as thesuperintendent may request.
(4) To keep records and make reports as required by the stateboard.
(5) To visit the homes of children who are absent from schoolor who are reported to be in need of books, clothing, or parentalcare.
(6) Whenever the superintendent directs or approves it, to bringsuit to enforce any provision of this chapter that is being
violated.
(7) To serve written notice on any parent whose child is out ofschool illegally.
(8) To visit factories where children are employed.
(9) To perform other duties necessary for complete enforcementof 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 otherprocess in cases arising under this chapter.
(b) An attendance officer may enter any place where a child isemployed to determine whether violations of this chapter or ofIC 20-33-3 have occurred. When an attendance officer or a schoolofficial is exercising the power granted under this subsection, anyofficer, manager, director, employee or other person who refuses topermit the attendance officer's or the school official's entry into aplace of business or interferes with his investigation in any waycommits 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, anindividual may not hold the position of attendance officer unless theindividual has complied with all standards of the department and hasbeen 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 providedby law;
(2) fix qualifications for local attendance officers;
(3) design and require use of a system of attendance reports,records, and forms necessary for the enforcement of thischapter; and
(4) perform all other duties necessary for the completeenforcement of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-43
State attendance officers; appointment; removal; duties; powers
Sec. 43. (a) The state superintendent shall appoint a stateattendance officer. The state attendance officer serves at the pleasureof the state superintendent and may be removed by the statesuperintendent at any time. (b) The state attendance officer shall:
(1) exercise general supervision over the attendance officers ofIndiana;
(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 beingenforced.
(c) The state attendance officer may initiate court action whenevernecessary 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 thischapter.
(b) A person who knowingly violates this chapter commits a ClassB 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 byresolution over the attendance system of the state.
(b) The state board may adopt rules under IC 4-22-2 pertaining tothe 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; exception; disability
Sec. 46. (a) With the approval of the state board, a superintendentmay exclude or excuse a student found mentally or physically unfitfor school attendance. An exclusion or excuse under this section isvalid only for the school year during which it is issued.
(b) A superintendent's action under this section must be inaccordance with limitations and regulations esta