Indiana § 20-33-2-47 - School corporations; notification of absences; reports to local health departments

§ 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 a state 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.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-8.1-13-1; 20-8.1-13-2; 20-8.1-13-3.]

As added by P.L.1-2005, SEC.17. Amended by P.L.92-2020, SEC.76.

IC 20-33-2.5Chapter 2.5. Truancy Prevention Policy

20-33-2.5-1"Absent student" 20-33-2.5-2"Governing authority" 20-33-2.5-3"School" 20-33-2.5-4Truancy prevention policy 20-33-2.5-5Attendance conference

IC 20-33-2.5-1"Absent student" Sec. 1. As used in this chapter, "absent student" means a student who:

(1) is enrolled in a school in kindergarten through grade 12; and

(2) is absent from school five (5) days within a ten (10) week period without being:

(A) excused; or

(B) absent in conformity with a note on file from the student's doctor, therapist, or other professional requesting frequent absences be excused under the student's:

(i) individualized education program;

(ii) service plan developed under 511 IAC 7-34;

(iii) choice scholarship education plan developed under 511 IAC 7-49; or

(iv) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794.

As added by P.L.125-2024, SEC.6. Amended by P.L.208-2025, SEC.10.

IC 20-33-2.5-2"Governing authority" Sec. 2. As used in this chapter, "governing authority" refers to the:

(1) governing body of a school corporation; or

(2) organizer of a charter school.

As added by P.L.125-2024, SEC.6.

IC 20-33-2.5-3"School" Sec. 3. As used in this chapter, "school" refers to a public school, including a charter school.

As added by P.L.125-2024, SEC.6.

IC 20-33-2.5-4Truancy prevention policy Sec. 4. Each governing authority shall adopt a truancy prevention policy regarding absent students that includes the following:

(1) A school shall immediately provide written notification to the parent of an absent student that includes the following information:

(A) That the student is an absent student based on the student's school attendance.

(B) That the parent is responsible for:

(i) monitoring the absent student's school attendance; and

(ii) ensuring the absent student attends school in accordance with compulsory attendance laws.

(C) That the school will be initiating truancy prevention measures regarding the absent student.

(D) That the parent is required to attend an attendance conference regarding the truancy prevention measures that the school will be implementing for the absent student.

(E) That, if the student meets the requirements of a habitual truant, the:

(i) superintendent or attendance officer of the school is required to report the student to an intake officer of the juvenile court or the department of child services in accordance with IC 20-33-2-25;

(ii) juvenile court may determine that the student is committing a delinquent act as provided under IC 31-37-2-3; and

(iii) parent of the student may be subject to prosecution under IC 35-46-1-4.

(2) Except as provided under section 5 of this chapter, a school shall hold an attendance conference with at least the following individuals to discuss the student's absences and establish a plan for the student to prevent future absences:

(A) A representative of the school.

(B) A teacher of the student.

(C) The student's parent.

(D) A representative chosen by the student's parent who may provide insight into the student's absenteeism if the student's parent:

(i) makes a request to the school that the representative attend; and

(ii) provides notice to the school regarding the identification of the representative;

at least forty-eight (48) hours before the attendance conference.

(3) A school shall establish a plan under subdivision (2) that may include the following:

(A) Any wraparound services that are able to be provided to the absent student to ensure the absent student attends school.

(B) A specific description of the behavior that is required or prohibited for the absent student.

(C) The period for which the plan will be effective, not to exceed forty-five (45) instructional days after the date the plan is established.

(D) Any additional disciplinary action the school will take if the absent student does not comply with the plan.

(E) If applicable, a referral to counseling, mentoring, or other services for the student.

(F) If applicable, whether a parent is expected to attend the counseling, mentoring, or other services under clause (E) with the student.

(G) To the extent possible, the signature of the parent of the student agreeing to comply with the plan.

(4) A school shall offer additional counseling or services to an absent student if the school determines that the student's absences are related to any of the following:

(A) The student's pregnancy.

(B) That the student is in foster care (as defined in IC 31-9-2.1-107).

(C) That the student is homeless.

(D) That the student has a severe or life threatening illness or related treatment.

As added by P.L.125-2024, SEC.6. Amended by P.L.145-2026, SEC.121.

IC 20-33-2.5-5Attendance conference Sec. 5. (a) A school shall hold an attendance conference described in section 4(2) of this chapter not more than ten (10) instructional days after the student's fifth absence described in section 1(2) of this chapter regardless of whether:

(1) the parent of the student; or

(2) a representative described under section 4(2)(D) of this chapter;

is able to attend the conference.

(b) A school shall make all reasonable efforts to hold an attendance conference as required under subsection (a) on a date and at a time that works with the schedule of the student's parent.

As added by P.L.125-2024, SEC.6. Amended by P.L.208-2025, SEC.11.

IC 20-33-3Chapter 3. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-33-3-1formerly 20-8.1-4-0.520-33-3-2formerly 20-8.1-4-20(b)20-33-3-3formerly 20-8.1-4-20(c)20-33-3-4formerly 20-8.1-4-20(d)20-33-3-5formerly 20-8.1-4-120-33-3-6formerly 20-8.1-4-220-33-3-7formerly 20-8.1-4-3020-33-3-8formerly 20-8.1-4-420-33-3-9formerly 20-8.1-4-520-33-3-10formerly 20-8.1-4-720-33-3-11formerly 20-8.1-4-820-33-3-12formerly 20-8.1-4-1120-33-3-13formerly 20-8.1-4-1220-33-3-14formerly 20-8.1-4-1320-33-3-15formerly 20-8.1-4-1520-33-3-16formerly 20-8.1-4-1620-33-3-17formerly 20-8.1-4-1720-33-3-18formerly 20-8.1-4-1820-33-3-19formerly 20-8.1-4-1920-33-3-20formerly 20-8.1-4-3220-33-3-21formerly 20-8.1-4-20(a)20-33-3-22formerly 20-8.1-4-20(e)20-33-3-23formerly 20-8.1-4-20(f)20-33-3-24formerly 20-8.1-4-20(g)20-33-3-25formerly 20-8.1-4-20(h)20-33-3-26formerly 20-8.1-4-20(i)20-33-3-27formerly 20-8.1-4-20(j), (k)20-33-3-28formerly 20-8.1-4-20(l)20-33-3-29formerly 20-8.1-4-20(m)20-33-3-30formerly 20-8.1-4-20.520-33-3-31formerly 20-8.1-4-2120-33-3-32formerly 20-8.1-4-21.520-33-3-33formerly 20-8.1-4-2220-33-3-34formerly 20-8.1-4-2320-33-3-35formerly 20-8.1-4-2520-33-3-36formerly 20-8.1-4-25.520-33-3-37formerly 20-8.1-4-2620-33-3-38formerly 20-8.1-4-2920-33-3-39formerly 20-8.1-4-31(a)20-33-3-40formerly 20-8.1-4-31(a)20-33-3-41formerly 20-8.1-4-31(b)20-33-3-42formerly 20-8.1-4-31(e)20-33-3-43formerly 20-8.1-4-14.]Repealed by P.L.147-2020, SEC.9.

IC 20-33-4Chapter 4. Legal Settlement and Transfer of Students

20-33-4-1Legal settlement and transfer of students and transfer tuition