Ind. Code § 20-33-2-26

Current through P.L. 171-2024
Section 20-33-2-26 - [Effective 7/1/2024] Enforcement of chapter
(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) An affidavit under this section shall be filed in a court with jurisdiction in the county in which the affected child resides.
(d) 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.
(e) The prosecuting attorney shall file and prosecute actions under this section as in other criminal cases.
(f) The court shall promptly hear cases brought under this section.

IC 20-33-2-26

Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-32.

Amended by P.L. 125-2024,SEC. 2, eff. 7/1/2024.
As added by P.L. 1-2005, SEC.17. Amended by P.L. 34-2008, SEC.2.
This section is set out more than once due to postponed, multiple, or conflicting amendments.