Sec. 28.5. (a) This section applies to an individual:
(1) who:
(A) attends or last attended a public school;
(B) is at least sixteen (16) years of age but less than eighteen (18) years of age; and
(C) has not completed the requirements for graduation;
(2) who:
(A) wishes to withdraw from school before graduation;
(B) fails to return at the beginning of a semester; or
(C) stops attending school during a semester; and
(3) who has no record of transfer to another school.
(b) An individual to whom this section applies may withdraw from school only if all of the following conditions are met:
(1) An exit interview is conducted.
(2) The individual's parent consents to the withdrawal.
(3) The school principal approves of the withdrawal.
(4) The withdrawal is due to:
(A) financial hardship and the individual must be employed to support the individual's family or a dependent;
(B) illness; or
(C) an order by a court that has jurisdiction over the child.
During the exit interview, the school principal shall provide to the student and the student's parent a copy of statistics compiled by the department concerning the likely consequences of life without a high school diploma. The school principal shall advise the student and the student's parent that the student's withdrawal from school may prevent the student from receiving or result in the revocation of the student's employment certificate and driver's license or learner's permit.
(c) For purposes of this section, the following must be in written form:
(1) An individual's request to withdraw from school.
(2) A parent's consent to a withdrawal.
(3) A principal's consent to a withdrawal.
(d) If the individual's principal does not consent to the individual's withdrawal under this section, the individual's parent may appeal the denial of consent to the governing body of the public school that the individual last attended.
(e) Each public school, including each school corporation and each charter school (as defined in IC 20-24-1-4), shall provide an annual report to the department setting forth the following information:
(1) The total number of individuals:
(A) who withdrew from school under this section; and
(B) who either:
(i) failed to return to school at the beginning of a semester; or
(ii) stopped attending school during a semester;
and for whom there is no record of transfer to another school.
(2) The number of individuals who withdrew from school following an exit interview.
(f) If an individual to which this section applies:
(1) has not received consent to withdraw from school under this section; and
(2) fails to return to school at the beginning of a semester or during the semester;
the principal of the school that the individual last attended may deliver by certified mail or personal delivery to the bureau of youth employment a record of the individual's failure to return to school so that the bureau of youth employment revokes any employment certificates issued under IC 22-2-18 (before its expiration on June 30, 2021) to the individual and does not issue any additional employment certificates to the individual. For purposes of IC 22-2-18-20 (before its expiration on June 30, 2021), the individual shall be considered a dropout.
(g) At the same time that a school principal delivers the record under subsection (f), the principal may deliver by certified mail or personal delivery to the bureau of motor vehicles a record of the individual's failure to return to school so that the bureau of motor vehicles revokes any driver's license or learner's permit issued to the individual and does not issue any additional driver's licenses or learner's permits to the individual before the individual is at least eighteen (18) years of age. For purposes of IC 9-24-2-1, the individual shall be considered a dropout.
(h) If:
(1) a principal has delivered the record required under subsection (f) or (g), or both; and
(2) the school subsequently gives consent to the individual to withdraw from school under this section;
the principal of the school shall send a notice of withdrawal to the bureau of youth employment and the bureau of motor vehicles by certified mail or personal delivery and, for purposes of IC 22-2-18-20 (before its expiration on June 30, 2021) and IC 9-24-2-1, the individual shall no longer be considered a dropout.
As added by P.L.242-2005, SEC.19. Amended by P.L.185-2006, SEC.15; P.L.147-2020, SEC.7.
Structure Indiana Code
Article 33. Students: General Provisions
Chapter 2. Compulsory School Attendance
20-33-2-4. Compulsory Attendance
20-33-2-6. Students Required to Attend
20-33-2-7. Minimum Age for Kindergarten Enrollment; Appeals
20-33-2-8. Students Not Bound by Requirements
20-33-2-9. Exit Interviews; Withdrawal Requirements
20-33-2-10. Enrollment Documentation; Notice to Clearinghouse for Information on Missing Children
20-33-2-11. Driver's License or Learner's Permit for Habitual Truants
20-33-2-13. High School Transcripts; Required Contents
20-33-2-16. Attendance Exception; Witness in Judicial Proceeding
20-33-2-17. Attendance Exception; Duty With Indiana National Guard
20-33-2-17.2. Attendance Exception; Duty With Indiana Wing of Civil Air Patrol
20-33-2-17.7. Compulsory Attendance; Exceptions; Exhibiting or Participating in State Fair
20-33-2-18. Parent to Produce Certificate of Child's Incapacity on Demand
20-33-2-19. Attendance; Public School Children; Religious Instruction
20-33-2-20. Attendance Records
20-33-2-21. Attendance Reports
20-33-2-22. List of Students No Longer Enrolled
20-33-2-23. Powers of Certain Officers to Take Children Into Custody
20-33-2-24. Principal; Duties When Truant Child Received
20-33-2-26. Enforcement of Chapter
20-33-2-27. Compulsory Attendance; Parent's Responsibility
20-33-2-28. Compulsory Attendance for Full Term; Duty of Parent
20-33-2-28.5. Requirements for Exit Interview; Reporting Requirement
20-33-2-30. Separate Attendance District; Requirement
20-33-2-31. Attendance Officers; Appointment
20-33-2-35. Ex Officio Attendance Officers
20-33-2-38. Attendance Officers; Appointment of Additional Officers
20-33-2-39. Attendance Officers; Duties
20-33-2-40. Attendance Officers; Special Powers
20-33-2-41. Attendance Officers; Licensing Required; Exception
20-33-2-42. Attendance; Duties of Secretary of Education
20-33-2-43. State Attendance Officer; Appointment; Removal; Duties; Powers
20-33-2-45. State Board; Supervision; Rules
20-33-2-46. Compulsory Attendance; Exceptions; Physical or Mental Fitness
20-33-2-47. School Corporations; Notification of Absences; Reports to Local Health Departments