(a) The department shall make reduction of absenteeism in schools a policy priority and provide assistance and guidance to school corporations and schools in:

(b) The department shall provide resources and guidance to school corporations concerning evidence based practices and effective strategies that reduce absenteeism in schools. However, the department may not mandate a particular policy within a chronic absence reduction plan adopted by a school corporation or school.

(a) Each school attendance officer, sheriff, marshal, and police officer in Indiana may take into custody any child who:

(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.

(a) When a child is delivered into the custody of a principal or acting chief administrative officer under section 23 [IC 20-33-2-23] 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.

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.

(a) It is the duty of each:

(b) An affidavit 

(1) against a parent for a violation of this chapter; and 

(2) concerning a child being habitual truant; 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. 

(d) The prosecuting attorney shall notify each parent of a child regarding an affidavit described in subsection (b) when the affidavit is filed under this section.

(e) The prosecuting attorney shall file and prosecute actions under this section as in other criminal cases. 

(f) The court shall promptly hear cases brought under this section.

IC 20-33-2.5-1. “Absent Student”

As used in this chapter, “absent student” means a student who:

(1) is enrolled in a school in kindergarten through grade 6; 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.

IC 20-33-2.5-2. “Governing authority.”

As used in this chapter, “governing authority” refers to the:

(1) governing body of a school corporation; or

(2) organizer of a charter school.

IC 20-33-2.5-3. “School.”

As used in this chapter, “school” refers to a public school, including a charter school.

IC 20-33-2.5-4. Truancy prevention policy.

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 [IC 20-33-2.5-5] 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 31-9-2-46.7).

(C) That the student is homeless.

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

IC 20-33-2.5-5. Attendance conference.

(a) A school shall hold an attendance conference described in section 4(2) [IC 20-33-2.5-4(2)] of this chapter not more than five (5) instructional days after the student’s fifth absence described in section 1(2) [IC 20-33-2.5-1(2)] of this chapter regardless of whether:

(1) the parent of the student; or

(2) a representative described under section 4(2)(D) [IC 20-33-2.5-4(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