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HOUSE BILL No. 1302

Citations Affected: IC 20-33-2; IC 20-51-1.

Synopsis: Age for mandatory school attendance. Beginning with the 2013-2014 school year, requires a student to enroll in a kindergarten program that is at least a half-day program not later than the fall term of the school year in which the student becomes five years of age. Makes conforming changes.

Effective: July 1, 2013.

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VanDenburgh

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    January 14, 2013, read first time and referred to Committee on Education.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning education.

SOURCE: IC 20-33-2-6; (13)IN1302.1.1. -->     SECTION 1. IC 20-33-2-6, AS ADDED BY P.L.242-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. A student is bound by the requirements of this chapter from the earlier of the date on which the student officially enrolls in a school or, except as provided in section 8 of this chapter, the beginning of the fall school term for the school year in which the student becomes seven (7) five (5) years of age until the date on which the student:
        (1) graduates;
        (2) becomes eighteen (18) years of age; or
        (3) becomes sixteen (16) years of age but is less than eighteen (18) years of age and the requirements under section 9 of this chapter concerning an exit interview are met enabling the student to withdraw from school before graduation;
whichever occurs first.

SOURCE: IC 20-33-2-7; (13)IN1302.1.2. -->     SECTION 2. IC 20-33-2-7, AS ADDED BY P.L.246-2005, SECTION 177, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2013]: Sec. 7. (a) In addition to the requirements of sections 4 through 6 of this chapter, a student must be at least five (5) years of age on:
        (1) July 1 of the 2005-2006 school year; or
        (2) August 1 of the 2006-2007 school year or any subsequent school year;
to officially enroll in a kindergarten program offered by a school corporation. However, subject to subsection (c), the governing body of the school corporation shall adopt a procedure affording a parent of a student who does not meet the minimum age requirement set forth in this subsection the right to appeal to the superintendent for enrollment of the student in kindergarten at an age earlier than the age set forth in this subsection.
    (b) In addition to the requirements of sections 4 through 6 of this chapter and subsection (a), and subject to subsection (c), if a student enrolls in school as allowed under section 6 of this chapter and has not attended kindergarten, the superintendent shall make a determination as to whether the student shall enroll in kindergarten or grade 1 based on the particular model assessment adopted by the governing body under subsection (c).
    (c) To assist the principal and governing bodies, the department shall do the following:
        (1) Establish guidelines to assist each governing body in establishing a procedure for making appeals to the superintendent under subsection (a).
        (2) Establish criteria by which a governing body may adopt a model assessment that may be used in making the determination under subsection (b).
For the 2013-2014 school year and any subsequent school year, a student shall enroll in a kindergarten program that is at least a half-day program not later than the fall term of the school year in which the student becomes five (5) years of age.

SOURCE: IC 20-33-2-8; (13)IN1302.1.3. -->     SECTION 3. IC 20-33-2-8, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. A student is not bound by the requirements of this chapter until the student becomes seven (7) five (5) years of age, if, upon request of the superintendent of the school corporation, the parent of a student who would otherwise be subject to compulsory school attendance under section 6 of this chapter certifies to the superintendent that the parent intends to:
        (1) enroll the student in a nonaccredited, nonpublic school; or
        (2) begin providing the student with instruction equivalent to that

given in the public schools as permitted under section 28 of this chapter;
not later than the date on which the student becomes seven (7) five (5) years of age.

SOURCE: IC 20-51-1-4.5; (13)IN1302.1.4. -->     SECTION 4. IC 20-51-1-4.5, AS ADDED BY P.L.92-2011, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. "Eligible individual" refers to an individual who:
        (1) has legal settlement in Indiana;
        (2) is at least five (5) years of age and less than twenty-two (22) years of age on the date in the school year specified in IC 20-33-2-7;
        (3) either has been or is currently enrolled in an accredited school;
        (4) is a member of a household with an annual income of not more than one hundred fifty percent (150%) of the amount required for the individual to qualify for the federal free or reduced price lunch program; and
        (5) either:
            (A) was enrolled in grade 1 through 12 in a school corporation that did not charge the individual transfer tuition for at least two (2) semesters immediately preceding the first semester for which the individual receives a choice scholarship under IC 20-51-4; or
            (B) received a scholarship from a scholarship granting organization under IC 20-51-3 or a choice scholarship under IC 20-51-4 in a preceding school year, including a school year that does not immediately precede a school year in which the individual receives a scholarship from a scholarship granting organization under IC 20-51-3 or a choice scholarship under IC 20-51-4.

SOURCE: IC 20-51-1-5; (13)IN1302.1.5. -->     SECTION 5. IC 20-51-1-5, AS AMENDED BY P.L.129-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. "Eligible student" refers to an individual who:
        (1) has legal settlement in Indiana;
        (2) is at least five (5) years of age and less than twenty-two (22) years of age on the date in the school year specified in IC 20-33-2-7;
        (3) either has been or is currently enrolled in a participating school;
        (4) is a member of a household with an annual income of not more than two hundred percent (200%) of the amount required for the individual to qualify for the federal free or reduced price

lunch program; and
        (5) meets at least one (1) of the following conditions:
            (A) The individual is enrolling in kindergarten.
            (B) The individual was enrolled in a public school during the school year preceding the first school year for which a scholarship granting organization provides a scholarship to the individual.
            (C) The individual received a scholarship in the previous year from a nonprofit scholarship granting organization that qualifies for certification as a school scholarship program.
            (D) The individual received a school scholarship from a scholarship granting organization in a preceding year, including a school year that does not immediately precede a school year in which the individual receives a scholarship from a scholarship granting organization.