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What Indiana’s new absenteeism law actually does — and doesn’t do — to attendance policies

Empty school classroom
Anastassiya
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Adobe Stock
A state senator emphasized that a new Indiana law changes how schools report chronic absenteeism data but does not alter local attendance policies or penalize families for excused absences.

A state senator is among those seeking to clarify the state’s new school attendance law amid online confusion.

A new Indiana law to address chronic absenteeism in K-12 schools is now in effect, but Hoosier education officials — and at least one state senator — say online misinformation has mischaracterized what the policy actually does.

Senate Enrolled Act 482, which took effect July 1, seeks to improve how schools report student absences to the Indiana Department of Education.

The law also requires IDOE to publish clearer statewide attendance definitions and guidance for monitoring student participation, as well as a new list of best practices for local districts to employ.

But Sen. Andy Zay, R-Huntington, emphasized Tuesday that the new law does not change how local schools define or enforce their own attendance policies, nor does it expand the state’s authority to penalize families.

Sen. Andy Zay, R-Huntington, on Organization Day 2024.
Leslie Bonilla Muñiz
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Indiana Capital Chronicle
Sen. Andy Zay, R-Huntington, on Organization Day 2024.

A series of highly-circulated social media posts on Facebook, Instagram and X claim the law strips away protections for vulnerable students.

The posts suggest that schools can report students as habitually truant “regardless of circumstance,” and that families affected by homelessness, chronic illness or trauma could be referred to the local prosecutor or child protective services if a child misses at least 10 days of school — excused or unexcused.

Zay said that description isn’t accurate, however.

“There has been a great deal of inaccurate information spread about this bill online in recent weeks,” Zay said in an email to his constituents.

“It is important to know local school districts are retaining their flexibility to decide what counts as an excused or unexcused absence for their students,” he continued. “SEA 482 merely improves the way school administrations report absentee data to the state so policymakers can get a better idea of why students miss school, which is very important since one in five Hoosier students are chronically absent and missing 10% of the school year.”

What the new law does

The law directs schools to more consistently track and report data related to absenteeism so state officials can better understand and respond to the problem.

Under the law, “chronic absenteeism” is now clearly defined as missing at least 10% of instructional days in a school year for any reason, regardless of whether it is excused. That’s equal to about 18 absences per school year.

But local discretion also hasn’t changed. School districts still largely determine where absences fall within three official categories:

  • Excused absences include illness with a note, funerals, religious observances, college visits, court appearances, and other reasons permitted by district policy. Schools set their own specific policies but must document these absences with appropriate verification, per IDOE guidelines.
  • Unexcused absences include skipping school, family vacations not approved in advance, or failing to provide documentation for otherwise excusable reasons. These absences count toward truancy thresholds and may trigger attendance interventions.
  • Exempt absences are those required or protected by state or federal law and do not count against a student’s attendance record. These include jury duty, election service, military obligations, foster care court proceedings, or serving as a legislative page. House Enrolled Act 1660, passed during the 2025 session, further excuses student absences for participation in educational events organized by Future Farmers of America or 4-H.

If a student is expected to miss at least 20 instructional days in a school year due to a medical condition or injury, Indiana law additionally requires the school to provide instruction — but only if a parent submits documentation from a licensed healthcare provider. Schools use that information to develop an educational plan for the student.

If a student has a documented disability, the team responsible for Individualized Education Programs – IEPs — determines how services should be provided during absences.

IDOE recommends tracking all students’ attendance monthly, with intervention triggers at five total absences, excused or unexcused. Suggested supports include attendance contracts, staff mentoring, family outreach, and referrals for addressing barriers like transportation or health care.

More ‘interventions’ with parents encouraged

The new law allows local prosecuting attorneys to hold “intervention meetings” with parents to help improve a student’s attendance before any legal action is taken, but they’re not required to do so.

Zay clarified, though, that the law does not require a parent meeting for students with excused absences, and county prosecutors are not notified about a student’s absence if they are excused.

Read more: Indiana schools get roadmap for K-12 policy changes following 2025 legislative session

That’s different from cases of “habitual truancy,” which was already defined in Indiana law as 10 or more days without an excuse.

State statute requires superintendents or attendance officers to report a student who is habitually absent from school to the local prosecuting attorney. Prosecuting attorneys must then notify parents if an affidavit of habitual truancy is filed with their office.

Until July 1, 2026, K-8 students also can’t be expelled “solely because the student is chronically absent or habitually truant.” After that date, however, students could be removed from school once again if they miss too many days of class.

Hoosier education officials have flagged chronic absenteeism as a growing, statewide concern in recent years — and especially since the COVID-19 pandemic.

Roughly one in five Indiana students — roughly 219,00 kids — were chronically absent during the 2023-24 school year, with higher rates among students of color, students with disabilities, and those from low-income families, according to the most recent IDOE data.

New statistics for the 2024-25 academy year are expected to be released this fall, along with additional IDOE guidance for schools to prevent chronic absenteeism and promote attendance.

Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com.