INDIANA – A new Indiana law addressing chronic absenteeism in K-12 schools, Senate Enrolled Act 482, took effect July 1, aiming to improve how schools report student absences to the Indiana Department of Education (IDOE). However, state education officials and Senator Andy Zay (R-Huntington) are clarifying widespread online misinformation regarding the policy’s scope and impact.
Contrary to claims circulating on social media, Senator Zay emphasized that the new law does not alter how local schools define or enforce their attendance policies, nor does it expand the state’s authority to penalize families for student absences.
Online posts falsely suggest schools can report students as habitually truant “regardless of circumstance” and that families experiencing homelessness, chronic illness, or trauma could face referral to prosecutors or child protective services if a child misses at least 10 days, excused or unexcused.
Zay stated that it is essential to know that local school districts retain the flexibility to decide what counts as an excused or unexcused absence for their students.
The core purpose of SEA 482 is to enhance the consistency of data tracking and reporting on absenteeism, enabling state policymakers to understand better why students miss school. This is crucial, as roughly one in five Hoosier students are chronically absent, missing 10% of the school year.
Under the new law, “chronic absenteeism” is now clearly defined as missing at least 10% of instructional days in a school year, regardless of the reason, whether excused or not. This equates to approximately 18 absences per school year.
Local school districts maintain discretion over their attendance policies, defining what constitutes excused, unexcused, and exempt absences:
- Excused absences include reasons such as illness with a note, funerals, religious observances, college visits, and court appearances, as permitted by district policy and documented with verification by IDOE guidelines.
- Unexcused absences include skipping school, unapproved family vacations, or failure to provide documentation for otherwise excusable reasons. These contribute to truancy thresholds and may trigger interventions.
- Exempt absences are those required or protected by state or federal law, such as jury duty, military obligations, or court proceedings related to foster care, and do not count against a student’s attendance record. Additionally, House Enrolled Act 1660 (2025 session) now excuses student absences for participation in Future Farmers of America or 4-H educational events.
Indiana law also requires schools to provide instruction if a student is expected to miss at least 20 instructional days due to a medical condition or injury, provided that a parent submits documentation from a licensed healthcare provider. For students with documented disabilities, their Individualized Education Programs (IEPs) determine how services are provided during absences.
IDOE recommends monthly attendance tracking for all students, with intervention triggers set at a total of five absences (excused or unexcused). Suggested supports include attendance contracts, staff mentoring, family outreach, and referrals to address barriers like transportation or healthcare.
The new law permits, but does not mandate, local prosecuting attorneys to hold “intervention meetings” with parents to improve attendance before legal action. Zay clarified that these meetings are not required for students with excused absences, and county prosecutors are not notified of excused absences.
This differs from “habitual truancy,” which is already defined in Indiana law as 10 or more consecutive days of absence without an excuse. State statute mandates superintendents or attendance officers to report habitually absent students to the local prosecuting attorney, who must then notify parents if an affidavit of habitual truancy is filed.
It’s essential to note that, until July 1, 2026, K-8 students cannot be expelled solely due to chronic absenteeism or habitual truancy; however, after that date, such expulsions may resume.
Hoosier education officials have consistently flagged chronic absenteeism as a growing statewide concern, particularly since the COVID-19 pandemic. During the 2023-24 school year, approximately one in five Indiana students (around 219,000 children) were chronically absent, with higher rates among students of color, students with disabilities, and those from low-income families. New statistics for the 2024-25 academic year, along with additional IDOE guidance for schools, are expected to be released this fall.
