Indiana § 20-33-2-26 Enforcement of chapter

Indiana Statutes

§ 20-33-2-26 — Enforcement of chapter

Indiana § 20-33-2-26

Title 20EDUCATION

Art. 33STUDENTS: GENERAL PROVISIONS

Ch. 2Compulsory School Attendance

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Bluebook

Ind. Code § 20-33-2-26 (2026).

Text

(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 under IC 20-26-16; to enforce this chapter in their respective jurisdictions and to execute the affidavits authorized under this section. The duty is several, and the failure of one (1) or more to act does not excuse another official from the obligation to enforce this chapter. The duty includes reporting to the prosecuting attorney that a child is a habitual truant.

(b)An affidavit:

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

(2)concerning a child being a habitual truant; shall be prepared and filed in the same manner and under the procedure prescribed for filing a

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(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 under IC 20-26-16;
to enforce this chapter in their respective jurisdictions and to execute
the affidavits authorized under this section. The duty is several, and the
failure of one (1) or more to act does not excuse another official from
the obligation to enforce this chapter. The duty includes reporting to
the prosecuting attorney that a child is a habitual truant.
(b) An affidavit:
(1) against a parent for a violation of this chapter; and
(2) concerning a child being a 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) Before a prosecuting attorney files an affidavit described in
subsection (b), the prosecuting attorney may do the following:
(1) Conduct a meeting with the child, the child's parent, school
officials, and any relevant service providers.
(2) In preparation for a meeting described in subdivision (1),
collaborate with the involved parties to develop an intervention
plan to address the child's truancy. The plan may include referrals
to support services, counseling, academic assistance, or other
resources intended to reduce the likelihood of further truancy.
(3) Make reasonable efforts to secure appropriate support
services, including:
(A) mental health services;
(B) family counseling; or
(C) educational support;
for the child and the child's family, as applicable, for the purpose
of addressing the root causes of the truancy.
(d) Upon completion of the development of an intervention plan and
meeting under subsection (c)(1) and (c)(2), the prosecuting attorney
shall provide written notice to the child's parent summarizing the
following:
(1) Outcome of the meeting.
(2) Services or other resources offered.
(3) Conditions for avoiding prosecution, if applicable.
(e) An affidavit under this section shall be filed in a court with
jurisdiction in the county in which the affected child resides.
(f) 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.
(g) The prosecuting attorney shall file and prosecute actions under
this section as in other criminal cases.
(h) The court shall promptly hear cases brought under this section.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-3-32.]