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IN HB1394

IN HB1394
Authority to deny enrollment to unlawful immigrant.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Authority to deny enrollment to unlawful immigrant. Authorizes a school corporation to deny an immigrant student enrollment in a school operated by the school corporation if the school corporation determines by a preponderance of the evidence that the immigrant student is present in the United States in violation of law. Requires the attorney general to defend the school corporation in any cause of action brought against the school corporation for denying an immigrant student enrollment. Requires a school corporation to annually report the number of immigrant students present in the United States in violation of law who were enrolled in a school operated by the school corporation in the immediately preceding school year.

AI Summary

This bill provides Indiana school corporations with the authority to deny enrollment to immigrant students who are determined to be in the United States unlawfully. Under the proposed legislation, a school corporation can refuse enrollment to an immigrant student if they can demonstrate by a "preponderance of the evidence" (meaning it is more likely than not) that the student is present in the country illegally. A determination by the U.S. Department of Homeland Security that an immigrant has entered or remained in the United States in violation of law would be considered sufficient evidence for this purpose. The bill also mandates that the state's attorney general must defend the school corporation in any legal action arising from denying enrollment to an immigrant student. Additionally, school corporations will be required to submit an annual report to the department of education and legislative council detailing the number of immigrant students enrolled who are present in the United States in violation of law, with the first report due before October 1, 2025. The bill is set to take effect on July 1, 2025, and represents a significant policy change regarding educational access for undocumented immigrant students in Indiana.

Committee Categories

Education

Sponsors (2)

Last Action

Representative Prescott added as coauthor (on 01/21/2025)

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