This is a copy of the Indiana Legal Code, 20-33-2, obtained September 19, 2007. This page is for the sole purpose of pointing to the exact parts of the education code that pertain to homeschoolers. We hope to facilitate informed debate on the legal issues that surround non accredited, non public schools, which include independent home educators. Parts of the legal code highlighted in bold were done so by the editor for clarity.
In the event any part of the education code changes, this page will be outdated. If there are any questions or confusion, it is always advisable to go to the most accurate copy of the education code. To find that, go to http://www.ai.org/legislative/ic/code/title20/ar33/ch2.html.
Write to the IHEN.org Site Editor if you have questions, comments or corrections.
For a commentary on the issue of Reporting Enrollment, go to the Reporting Enrollment page in the New Homeshcoolers section of the IHEN.org web site.
What are the rules for Homeschooling in Indiana?
1) Homeschoolers are considered non-public, non-accredited schools. Homeschoolers are not mentioned specifically in Indiana Code, we are on the same legal level as the schools we call private schools.
2) Homeschoolers must educate their children for at least 180 days a year. You determine your own schedule and methods for keeping track of those 'attendance days." Attendance records can be requested by the state superintendent or superintendent of your local school corporation.
3) Homeschoolers must teach in English, and provide an education that is equivalent to that provided by the state's public schools. There are no requirements or details for how this is to be accomplished. The state does not provide books, curricula, or any other materials to homeschoolers.
4) The law says that homeschoolers are to report their enrollment upon the request of the state superintendent. (This is explained further below.) Most homeschoolers have not received this request, so most do not report their enrollment.
Important sections of Indiana Code pertinent to homeschoolers
Section 20 - Attendance Records: Section 20(c) is the part that pertains to homeschoolers. Home educators are non public schools (private schools) and need to keep some kind of attendance record showing that your child is 'attending' school at least 180 days per school year.
Reporting Enrollment, on the other hand, is required only "upon request" of the state superintendent or superintendent of your local school corporation. Reporting enrollment does not make you an official homeschooler, and confers no official standing or certification. Reporting simply places your children in a database that shows your children are 'attending' a school.
The only people who are legally allowed to check your school records are "(1) state superintendent; or (2) superintendent of the school corporation in which the nonpublic school is located." If anyone else tells you they need to see your attendance records, tell them they're wrong and show them this section of the law. If anyone else tells you you need to "report enrollment" or to "register" your school or your children, they are also wrong and don't know the law as written.
Section 21 - Attendance Reports: This entire section simply states that all private and public school administrators are required to report the withdrawal of students, if they leave the school without a transfer of records to the new school. This is why we recommend that parents use the word TRANSFER when taking their children out of public school to homeschool. You are literally transferring your child to a private school (your homeschool). You should also request a copy of your child's records be sent to your new school.
Here is a sample Letter of Transfer on the IHEN.org web site.
Other Sections of Interest
Section 9 - Exit Interviews and Section 28.5 - Reporting Requirements: This is the part of the law that requires an exit interview with you and your child if you are WITHDRAWING him or her from public school and he or she is 16 years old or 18 and under. It is important to know that if you are taking your older child out of public school to homeschool, you use the term transfer rather than withdraw in your letter to the school. To do the later (when the child is between 16 and 18 years old) will require the school to report it as a withdrawal, and inform you and your child what a mistake it will be and how doing so will likely condemn your child to a sad life, without a public school diploma. And who wants to go through THAT meeting? :-) To be fair, this law is to ensure that parents aren't just allowing their children to drop out of school, with no intention of continuing their education.
Section 12 - Non Public Schools and Curricula: This is the section that says that the state can not approve or mandate curricula for non public schools. (Homeschools)
IC 20-33-2-1
Legislative intent
Sec. 1. The legislative intent for this chapter
is to provide an efficient and speedy means of insuring that students receive
a proper education whenever it is reasonably possible.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-2
Repealed
(Repealed by P.L.2-2006, SEC.199.)
IC 20-33-2-3
Application
Sec. 3. This chapter applies to each situation
that involves any of the following:
(1) A person less than eighteen
(18) years of age who is domiciled in Indiana.
(2) A person less than eighteen
(18) years of age who:
(A)
is not domiciled in Indiana; and
(B)
intends to remain in Indiana for a period established by rule of the state board.
(3) A student:
(A)
who is less than eighteen (18) years of age;
(B)
whose behavior has resulted in an expulsion from school; and
(C)
who is assigned to attend:
(i)
an alternative school; or
(ii)
an alternative educational program.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-4
Compulsory attendance
Sec. 4. Subject to the specific exceptions under
this chapter, a student shall attend either:
(1) a public school that the
student is entitled to attend under IC 20-26-11; or
(2) another school taught
in the English language.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-5
Days of attendance
Sec. 5. A student for whom education is compulsory
under this chapter shall attend school each year for the number of days public
schools are in session:
(1) in the school corporation
in which the student is enrolled in Indiana; or
(2) where the student is enrolled
if the student is enrolled outside Indiana.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-6
Students required to attend
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) 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.
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005, SEC.17.
IC 20-33-2-7
Minimum age for kindergarten enrollment; appeals
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).
IC 20-33-2-9
Exit interviews; withdrawal requirements
Sec. 9. (a) The governing body of each school corporation
shall designate the appropriate employees of the school corporation to conduct
the exit interviews for students described in section 6(a)(3) of this chapter.
Each exit interview must be personally attended by:
(1) the student's parent;
(2) the student;
(3) each designated appropriate
school employee; and
(4) the student's principal.
(b) A student who is at least sixteen (16) years of
age but less than eighteen (18) years of age is bound by the requirements of
compulsory school attendance and may not withdraw from school before graduation
unless:
(1) the student, the student's
parent, and the principal agree to the withdrawal;
(2) at the exit interview, the
student provides written acknowledgment of the withdrawal that meets the requirements
of subsection (c) and the:
(A)
student's parent; and
(B)
school principal;
each provide written consent
for the student to withdraw from school; and
(3) 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 student.
(c) A written acknowledgment of withdrawal under subsection
(b) must include a statement that the student and the student's parent understand
that withdrawing from school is likely to:
(1)
reduce the student's future earnings; and
(2) increase the student's
likelihood of being unemployed in the future.
As added by P.L.1-2005, SEC.17. Amended by P.L.185-2006, SEC.12.
IC 20-33-2-10
Enrollment documentation; notice to clearinghouse for information on missing
children
Sec. 10. (a) Each public school shall and each
private school may require a student who initially enrolls in the school to
provide:
(1) the name and address of
the school the student last attended; and
(2) a certified copy of the
student's birth certificate or other reliable proof of the student's date of
birth.
(b) Not more than fourteen (14) days after initial enrollment
in a school, the school shall request the student's records from the school
the student last attended.
(c) If the document described in subsection (a)(2):
(1) is not provided to the school
not more than thirty (30) days after the student's enrollment; or
(2) appears to be inaccurate
or fraudulent;
the school shall notify the Indiana clearinghouse for information on missing
children established under IC 10-13-5-5 and determine if the student has
been reported missing.
(d) A school in Indiana receiving a request for records
shall send the records promptly to the requesting school. However, if a request
is received for records to which a notice has been attached under IC 31-36-1-5
(or IC 31-6-13-6 before its repeal), the school:
(1) shall immediately notify
the Indiana clearinghouse for information on missing children;
(2) may not send the school
records without the authorization of the clearinghouse; and
(3) may not inform the requesting
school that a notice under IC 31-36-1-5 (or IC 31-6-13-6 before its
repeal) has been attached to the records.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-11
Habitual truants ineligible for operator's license or learner's permit;
minimum definition of "habitual truant"
Sec. 11. (a) Notwithstanding IC 9-24 concerning
the minimum requirements for qualifying for the issuance of an operator's license
or a learner's permit, and subject to subsections (c) through (e), an individual
who is:
(1) at least thirteen (13) years
of age but less than fifteen (15) years of age;
(2) a habitual truant under
the definition of habitual truant established under subsection (b); and
(3) identified in the information
submitted to the bureau of
motor vehicles under subsection (f);
may not be issued an operator's license or a learner's permit to drive a motor
vehicle under IC 9-24 until the individual is at least eighteen (18)
years of age.
(b) Each governing body shall establish and include
as part of the written copy of its discipline rules described in IC 20-33-8-12:
(1) a definition of a child
who is designated as a habitual truant, which must, at a minimum, define the
term as a student who is chronically absent, by having unexcused absences
from school for more than ten (10) days of school in one (1) school year;
(2) the procedures under which
subsection (a) will be administered; and
(3) all other pertinent matters
related to this action.
(c) An individual described in subsection (a) is entitled
to the procedure described in IC 20-33-8-19.
(d) An individual described in subsection (a) who
is at least thirteen (13) years of age and less than eighteen (18) years of
age is entitled to a periodic review of the individual's attendance record
in school to determine whether the prohibition described in subsection (a)
shall continue. The periodic reviews may not be conducted less than one (1)
time each school year.
(e) Upon review, the governing body may determine
that the individual's attendance record has improved to the degree that the
individual may become eligible to be issued an operator's license or a learner's
permit.
(f) Before:
(1) February 1; and
(2) October 1;
of each year the governing body of the school corporation shall submit to
the bureau of motor vehicles the pertinent information concerning an individual's
ineligibility under subsection (a) to be issued an operator's license or a
learner's permit.
(g) The department shall develop guidelines concerning
criteria used in defining a habitual truant that may be considered by a governing
body in complying with subsection (b).
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005, SEC.18.
IC 20-33-2-12
Nonpublic, nonaccredited, and nonapproved schools; curriculum or content
requirements; student enrollment or participation
Sec. 12. (a) A school that is:
(1) nonpublic;
(2) nonaccredited; and
(3) not otherwise approved
by the state board;
is not bound by any requirements set forth in IC 20 or IC 21 with
regard to curriculum or the content of educational programs offered by the
school.
(b) This section may not be construed to prohibit
a student who attends a school described in subsection (a) from enrolling
in a particular educational program or
participating in a particular educational initiative offered by an accredited
public, nonpublic, or state board approved nonpublic school if:
(1) the governing body or
superintendent, in the case of the accredited public school; or
(2) the administrative authority,
in the case of the accredited or state board approved nonpublic school; approves
the enrollment or participation by the student.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-13
High school transcripts; required contents
Sec. 13. (a) A school corporation shall record
or include the following information in the official high school transcript
for a student in high school:
(1) Attendance records.
(2) The student's latest ISTEP
program test results under IC 20-32-5.
(3) Any secondary level and
postsecondary level certificates of achievement earned by the student.
(4) Immunization information
from the immunization record the student's school keeps under IC 20-34-4-1.
(b) A school corporation may include information on
a student's high school transcript that is in addition to the requirements of
subsection (a).
As added by P.L.1-2005, SEC.17.
IC 20-33-2-14
Attendance exception; service as a page for or as an honoree of the general
assembly
Sec. 14. (a) This section and sections 15 through
17.5 of this chapter apply to a student who attends either a public school or
a nonpublic school.
(b) Service as a page for or as an honoree of the general
assembly is a lawful excuse for a student to be absent from school, when verified
by a certificate of the secretary of the senate or the chief clerk of the house
of representatives. A student excused from school attendance under this section
may not be recorded as being absent on any date for which the excuse is operative
and may not be penalized by the school in any manner.
As added by P.L.1-2005, SEC.17. Amended by P.L.185-2006, SEC.13.
IC 20-33-2-15
Attendance exception; service on precinct election board or for political
candidates or parties
Sec. 15. (a) The governing body of a school corporation
and the chief administrative official of a nonpublic secondary school system
shall authorize the absence and excuse of each secondary school student who
serves:
IC 20-33-2-16
Attendance exception; witness in judicial proceeding
Sec. 16. The governing body of a school corporation
or the chief administrative officer of a nonpublic school system shall authorize
the absence and excuse of a student who is issued a subpoena to appear in court
as a witness in a judicial proceeding. A student excused under this section
shall not be recorded as being absent on any date for which the excuse is operative
and shall not be penalized by the school in any manner. The appropriate school
authority may require that the student submit the subpoena to the appropriate
school authority for verification.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-17
Attendance exception; duty with Indiana National Guard
Sec. 17. The governing body of a school corporation
or the chief administrative officer of a nonpublic school system shall authorize
the absence and excuse of each secondary school student who is ordered to active
duty with the Indiana National Guard for not more than ten (10) days in a school
year. For verification, the student must submit to school authorities a copy
of the orders to active duty and a copy of the orders releasing the student
from active duty. A student excused from school attendance under this section
may not be recorded as being absent on any date for which the excuse is operative
and may not be penalized by the school in any manner.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-17.2
Attendance exception; duty with Indiana wing of civil air patrol
Sec. 17.2. The governing body of a school corporation
or the chief administrative officer of a nonpublic school system shall authorize
the absence and excuse of each secondary school student who is a member of the
Indiana wing of the civil air patrol and who is participating in a civil air
patrol:
IC 20-33-2-17.5
Compulsory school attendance; exceptions; educationally related nonclassroom
activity; nonclassroom activity
Sec. 17.5. The governing body of a school corporation
may authorize the absence and excuse of a student who attends any educationally
related nonclassroom activity. Any educationally related nonclassroom activity
and nonclassroom activity must meet all the following conditions:
(1) Is consistent with and promotes
the educational philosophy and goals of the school corporation and the state
board.
(2) Facilitates the attainment
of specific educational objectives.
(3) Is a part of the goals and
objectives of an approved course or curriculum.
(4) Represents a unique educational
opportunity.
(5) Cannot reasonably occur
without interrupting the school day.
(6) Is approved in writing by
the school principal.
As added by P.L.185-2006, SEC.14.
IC 20-33-2-18
Parent to produce certificate of child's incapacity on demand
Sec. 18. (a) If a parent of a student does not
send the student to school because of the student's illness or mental or physical
incapacity, it is unlawful for the parent to fail or refuse to produce a certificate
of the illness or incapacity for an attendance officer not later than six (6)
days after the certificate is demanded.
(b) The certificate required under this section must
be signed by:
IC 20-33-2-19
Attendance; public school children; religious instruction
Sec. 19. (a) When the parent of a student who is
enrolled in a public school makes a written request, the principal may allow
the student to attend a school for religious instruction that is conducted by
a church, an association of churches, or an association that is organized for
religious instruction and incorporated under Indiana law.
(b) If a principal grants permission under subsection
(a), the principal shall specify a period or periods, not to exceed one hundred
twenty (120) minutes in total in any week, for the student to receive religious
instruction. The permission is valid only for the year in which it is granted.
Decisions made by a principal under this section may be reviewed by the superintendent.
(c) A school for religious instruction that receives
students under this section:
(1) shall maintain attendance
records and allow inspection of these records by attendance officers; and
(2) may not be supported, in
whole or in part, by public funds.
(d) A student who attends a school for religious instruction
under this section shall receive the same attendance credit that the student
would receive for attendance in the public schools for the same length of time.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-20
Attendance records
Sec. 20. (a) An accurate daily record of the
attendance of each student who is subject to compulsory school attendance
under this chapter shall be kept by every public and nonpublic school.
(b) In a public school, the record shall be open at
all times for inspection by:
(1) attendance officers;
(2) school officials; and
(3) agents of the department
of labor.
Every teacher shall answer fully all lawful inquiries made by an attendance
officer, a school official, or an agent of the department of labor.
(c) In a nonpublic school, the record shall be
required to be kept solely to verify the enrollment and attendance of a student
upon request of the:
(1) state superintendent;
or
(2) superintendent of the
school corporation in which the nonpublic
school is located. (Emphasis added.)
As added by P.L.1-2005, SEC.17.
IC 20-33-2-21
Attendance reports
Sec. 21. (a) Each principal and teacher in a
public school that is attended by a student subject to the compulsory school
attendance law under this chapter shall furnish, on request of the superintendent
of the school corporation in which they are employed, a list of:
(1) names;
(2) addresses; and
(3) ages;
of all minors attending the school. When a student withdraws from school,
the principal and teacher shall immediately report to the superintendent the
student's name and address and the date of the student's withdrawal.
(b) Each principal or school administrator in a nonpublic
school that is attended by a student who is subject to the compulsory school
attendance law under this chapter shall furnish, on request of the state superintendent,
the number of students by grade level attending the school.
(c) If:
(1) a student withdraws from
a nonpublic school; and
(2) no public or other nonpublic
school has requested the student's educational records within fifteen (15)
school days after the date the student withdrew from school; the nonpublic
school shall report to the state superintendent or the superintendent of the
school corporation in which the nonpublic school is located, the name and
address of the student and the date the student withdrew from school.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-22
List of students no longer enrolled
Sec. 22. (a) Not later than fifteen (15) school
days after the beginning of each semester, the principal of a public high school
shall send to the superintendent with jurisdiction over the school a list of
names and last known addresses of all students:
(1) not graduated; and
(2) not enrolled in the then
current semester who were otherwise eligible for enrollment.
(b) Each superintendent immediately shall make available
all lists received under this section to an authorized representative of:
(1) Ivy Tech Community College
of Indiana; and
(2) an agency whose purpose
it is to enroll high school dropouts in various training programs.
(c) Each representative authorized to receive a list
prepared under subsection (b) shall stipulate in writing that the list will
be used only to contact prospective students or prospective trainees. If a list
is used for any other purpose, the college or agency that the recipient
represents is ineligible to receive subsequent
lists for five (5) years.
As added by P.L.1-2005, SEC.17. Amended by P.L.127-2005, SEC.27.
IC 20-33-2-23
Powers of certain officers to take children into custody
Sec. 23. (a) Each school attendance officer, sheriff,
marshal, and police officer in Indiana may take into custody any child who:
(1) is required to attend school
under this chapter; and
(2) is found during school hours,
unless accompanied:
(A)
by a parent; or
(B)
with the consent of a parent, by a relative by blood or marriage who is at least
eighteen (18) years of age;
in a public place, in a public
or private conveyance, or in a place of business open to the public.
(b) When an officer takes a child into custody under
this section, the officer shall immediately deliver the child to the principal
of the public or nonpublic school in which the child is enrolled. If a child
is not enrolled in any school, then the officer shall deliver the child into
the custody of the principal of the public school in the attendance area in
which the child resides. If a child is taken to the appropriate school and the
principal is unavailable, the acting chief administrative officer of the school
shall take custody of the child.
(c) The powers conferred under this section may be exercised
without warrant and without subsequent legal proceedings.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-24
Principal; duties when truant child received
Sec. 24. (a) When a child is delivered into the
custody of a principal or acting chief administrative officer under section
23 of this chapter, the principal or officer shall immediately place the child
in class in the grade or course of study in which the child is enrolled or to
which the child may be properly assigned.
(b) A child who is placed in class under this section
shall not be kept at school beyond the regular hour of dismissal on that day
for the grade or course of study in which the child is placed. As promptly as
reasonably possible after placing a child in class under this section, the principal
or acting chief administrative officer shall attempt to advise the child's parent
of the facts of the case by telephone. The principal or acting chief administrative
officer shall advise the parent of the facts of the case by mail on the same
day the principal or officer receives the child.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-25
Report to juvenile court intake officer; habitual absence from school
Sec. 25. The superintendent or an attendance officer
having jurisdiction may report a child who is habitually absent from school
in violation of this chapter to an intake
officer of the juvenile court. The intake officer shall proceed in accord
with IC 31-30 through IC 31-40.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-26
Enforcement of chapter
Sec. 26. (a) It is the duty of each:
(1) superintendent;
(2) attendance officer; and
(3) state attendance official;
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.
(b) An affidavit against a parent for a violation of
this chapter 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
the circuit court of the county in which the affected child resides. The prosecuting
attorney shall file and prosecute actions under this section as in other criminal
cases. The court shall promptly hear cases brought under this section.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-27
Compulsory attendance; parent's responsibility
Sec. 27. (a) It is unlawful for a parent to fail
to ensure that the parent's child attends school as required under this chapter.
(b) Before proceedings are instituted against a parent
for a violation of this section, personal notice of the violation shall be served
on the parent by the superintendent or the superintendent's designee:
(1) having jurisdiction over
the public school where the child has legal settlement; or
(2) of the transferee corporation,
if the child has been transferred.
(c) Personal notice must consist of and take place at
the time of the occurrence of one of the following events:
(1) The date of personal delivery
of notice.
(2) The date of receipt of the
notice sent by certified mail.
(3) The date of leaving notice
at the last and usual place of the residence of the parent.
If the violation is not terminated not more than one (1) school day after this
notice is given, or if another violation is committed during the notice period,
no further notice is necessary. Each day of violation constitutes a separate
offense.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-28.5
Requirements for exit interview; reporting requirement
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 shall deliver
by certified mail or personal delivery to the bureau of child labor a record
of the individual's failure to return to school so that the bureau of child
labor revokes any employment certificates issued to the individual and does
not issue any additional employment certificates to the individual. For purposes
of IC 20-33-3-13, the individual shall be considered a dropout.
(g) At the same time that a school principal delivers
the record under subsection (f), the principal shall 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 child labor and the bureau of motor vehicles by certified mail or personal
delivery and, for purposes of IC 20-33-3-13 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.
IC 20-33-2-29
Children in certain institutions or facilities; compulsory school attendance;
reimbursement for space used within facilities for court placed student expenses
Sec. 29. (a) It is unlawful for a person operating
or responsible for:
(1) an educational;
(2) a correctional;
(3) a charitable; or
(4) a benevolent institution
or training school;
to fail to ensure that a child under the person's authority attends school as
required under this chapter. Each day of violation of this section constitutes
a separate offense.
(b) If a child is placed in an institution or facility
under a court order, the institution or facility shall charge the county office
of family and children of the county of the child's legal settlement under IC 12-19-7
for the use of the space within the institution or facility (commonly called
capital costs) that is used to provide educational services to the child based
upon a prorated per child cost.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-30
Separate attendance district; requirement
Sec. 30. A school corporation having an ADA of
at least one thousand five hundred (1,500) students constitutes a separate attendance
district.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.150.
IC 20-33-2-31
Attendance officers; appointment in completely reorganized counties
Sec. 31. (a) In a county that has been completely
reorganized into one (1) or more school corporations under IC 20-23-4,
the governing body of each school corporation with at least one thousand five
hundred (1,500) students in ADA shall appoint an attendance officer.
The governing body of each school corporation
that has fewer than one thousand five hundred (1,500) students in ADA may
appoint an attendance officer. If the governing body of a school corporation
that has discretion in whether to appoint an attendance officer declines to
make an appointment, the superintendent of the school corporation shall serve
as ex officio attendance officer under section 35 of this chapter.
(b) Whenever the governing body of a school corporation
makes an appointment under this section, it shall appoint an individual nominated
by the superintendent. However, the governing body may decline to appoint
any nominee and require another nomination. The salary of each attendance
officer appointed under this section shall be fixed by the governing body.
In addition to salary, the attendance officer is entitled to receive reimbursement
for actual expenses necessary to properly perform the officer's duties. The
salary and expenses of an attendance officer appointed under this section
shall be paid by the treasurer of the school corporation.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.151.
IC 20-33-2-32
Attendance officers in certain counties
Sec. 32. (a) In a county that has not been completely
reorganized under IC 20-23-4, the governing body of each school corporation
that constitutes a separate attendance district under section 30 of this chapter
shall appoint an attendance officer. One (1) additional attendance officer may
be appointed for every seven thousand five hundred (7,500) students in ADA in
the corporation.
(b) Whenever the governing body of a school corporation
makes an appointment under this section, it shall appoint an individual nominated
by the superintendent. However, the governing body may decline to appoint any
nominee and require another nomination. The salary of each attendance officer
appointed under this section shall be fixed by the governing body. In addition
to salary, the officer is entitled to receive reimbursement for actual expenses
necessary to properly perform the officer's duties. The salary and expenses
of an attendance officer appointed under this section shall be paid by the treasurer
of the county in which the officer serves, on a warrant signed by the county
auditor. The county council shall appropriate, and the board of county commissioners
shall allow, the funds necessary to make these payments. However, a warrant
shall not be issued to an attendance officer until the attendance officer has
filed an itemized statement with the county auditor. This statement shall show
the time employed and expenses incurred. The superintendent shall approve the
statement and certify that it is correct.
As added by P.L.1-2005, SEC.17. Amended by P.L.231-2005, SEC.43; P.L.1-2006,
SEC.334; P.L.2-2006, SEC.152; P.L.1-2007, SEC.146.
IC 20-33-2-33
Attendance officers; appointment in remainder attendance
districts
Sec. 33. (a) In a county that has not been completely
reorganized under IC 20-23-4, all school corporations that do not individually
constitute separate attendance districts under section 30 of this chapter
together constitute a remainder attendance district. The governing bodies
of each remainder attendance district with at least one thousand five hundred
(1,500) students in ADA shall appoint an attendance officer. One (1) additional
attendance officer may be appointed for every seven thousand five hundred
(7,500) students in ADA in the district. The governing bodies of a remainder
attendance district with less than one thousand five hundred (1,500) students
in ADA may appoint an attendance officer. If the governing bodies have discretion
in whether to appoint an attendance officer and decline to make an appointment,
the superintendent or superintendents involved shall serve as ex officio attendance
officers under section 35 of this chapter.
(b) The governing bodies of the school corporations
involved shall together form an appointing authority for attendance officers
with the governing body of each school corporation having one (1) vote. This
appointing authority shall appoint an individual nominated by the superintendent.
However, the appointing authority may reject any nominee and require another
nomination. The salary of each attendance officer appointed under this section
shall be fixed by the appointing authority. In addition to salary, the officer
is entitled to receive reimbursement for actual expenses necessary to properly
perform the officer's duties. The salary and expenses of an attendance officer
appointed under this section shall be paid by the treasurer of the county
in which the officer serves, on a warrant signed by the county auditor. The
county council shall appropriate, and the board of county commissioners shall
allow, the funds necessary to make these payments. However, a warrant may
not be issued to an attendance officer until the officer has filed an itemized
statement with the county auditor. This statement must show the time employed
and expenses incurred. The appropriate superintendent shall approve the statement
and certify that it is correct.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.153.
IC 20-33-2-34
Attendance officers in certain counties; appointment in separate attendance
districts
Sec. 34. (a) This section applies to a county having
a population of:
(1) more than twenty-seven thousand
(27,000) but less than twenty-seven thousand two hundred (27,200); or
(2) more than one hundred forty-five
thousand (145,000) but less than one hundred forty-eight thousand (148,000).
(b) Notwithstanding sections 32 and 33 of this chapter,
in a county that has not been completely reorganized under IC 20-23-4,
the governing body of each school corporation constituting a separate attendance
district under section 30 of this chapter shall appoint an
attendance officer. One (1) additional attendance
officer may be appointed for every seven thousand five hundred (7,500) students
in ADA in the school corporation. The governing body of each school corporation
that does not individually constitute a separate attendance district may appoint
an attendance officer.
(c) If the governing body of the school corporation
makes an appointment under this section, it shall appoint an individual who
is nominated by the superintendent of the school corporation. However, the
governing body may decline to appoint a nominee and may require another nomination
to be made by the superintendent. If the governing body has discretion in
whether to appoint an attendance officer under subsection (b) and declines
to make an appointment, the superintendent of the school corporation involved
shall serve as ex officio attendance officer under section 35 of this chapter.
(d) The salary, including fringe benefits, of each
attendance officer appointed under this section shall be fixed by the governing
body of the school corporation and shall be paid by the treasurer of the school
corporation.
(e) Each attendance officer appointed under this section
is entitled to receive reimbursement from the school corporation for the actual
and necessary expenses incurred by the attendance officer in the proper performance
of the attendance officer's duties.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.154.
IC 20-33-2-35
Ex officio attendance officers
Sec. 35. If the governing body of a school corporation
elects not to appoint an attendance officer under section 31 of this chapter
or an appointing authority elects not to appoint an attendance officer under
section 33 of this chapter, the superintendent shall serve as an ex officio
attendance officer. A superintendent acting in this capacity may designate one
(1) or more teachers as assistant attendance officers. These assistant attendance
officers shall act under the superintendent's direction and perform the duties
the superintendent assigns. Ex officio attendance officers and assistant attendance
officers appointed under this section shall receive no additional compensation
for performing attendance services.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-36
Joint employment of attendance officer
Sec. 36. The governing bodies of two (2) or more
school corporations may enter into a voluntary mutual agreement for the joint
employment of an attendance officer. The agreement must stipulate the manner
in which the joint attendance officer is appointed, paid, and supervised. The
attendance officer may then be appointed, paid, and supervised under the terms
of the agreement. However, compensation for any attendance officer employed
under this section shall be paid entirely by the school corporations involved
with no assistance from the civil government.
IC 20-33-2-37
Attendance officers; appointment in optional separate district
Sec. 37. The governing body of a school corporation
that has fewer than one thousand five hundred (1,500) students in ADA may organize
the school corporation as a separate attendance district and appoint an attendance
officer. The governing body, in making the appointment, shall appoint an individual
nominated by the superintendent. However, it may decline to appoint any nominee
and require another nomination. All compensation for an attendance officer appointed
under this section shall be paid by the treasurer of the school corporation
in which the officer is employed.
As added by P.L.1-2005, SEC.17. Amended by P.L.2-2006, SEC.155.
IC 20-33-2-38
Attendance officers; appointment of additional officers
Sec. 38. Any school corporation, attendance district,
or remainder attendance district may appoint more attendance officers than are
specifically authorized or required under this chapter. However, these additional
attendance officers shall be appointed in the same manner as required by law
for other attendance officers. Compensation for additional attendance officers
appointed under this section shall be paid entirely by the school corporation
or school corporations involved.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-39
Attendance officers; duties
Sec. 39. An attendance officer has the following
duties:
(1) To serve subject to the
rules, direction, and control of the superintendent in the attendance officer's
attendance district.
(2) To maintain an office at
a place designated by the superintendent.
(3) To be on duty during school
hours and at other times as the superintendent may request.
(4) To keep records and make
reports as required by the state board.
(5) To visit the homes of children
who are absent from school or who are reported to be in need of books, clothing,
or parental care.
(6) Whenever the superintendent
directs or approves it, to bring suit to enforce any provision of this chapter
that is being violated.
(7) To serve written notice
on any parent whose child is out of school illegally.
(8) To visit factories where
children are employed.
(9) To perform other duties
necessary for complete enforcement of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-41
Attendance officers; licensing required; exception
Sec. 41. With the exception of ex officio attendance
officers, an individual may not hold the position of attendance officer unless
the individual has complied with all standards of the department and has been
properly licensed by the department.
As added by P.L.1-2005, SEC.17. Amended by P.L.246-2005, SEC.178.
IC 20-33-2-42
Attendance; duties of state superintendent of public instruction
Sec. 42. The state superintendent shall:
(1) prescribe duties for the
state attendance officer not provided by law;
(2) fix qualifications for local
attendance officers;
(3) design and require use of
a system of attendance reports, records, and forms necessary for the enforcement
of this chapter; and
(4) perform all other duties
necessary for the complete enforcement of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-43
State attendance officers; appointment; removal; duties; powers
Sec. 43. (a) The state superintendent shall appoint
a state attendance officer. The state attendance officer serves at the pleasure
of the state superintendent and may be removed by the state superintendent at
any time.
(b) The state attendance officer shall:
(1) exercise general supervision
over the attendance officers of Indiana;
(2) visit the various attendance
districts throughout Indiana;
(3) inspect the work of the
attendance officers; and
(4) investigate the manner in
which this chapter is being enforced.
(c) The state attendance officer may initiate court
action whenever
necessary for the enforcement of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-44
Penalty
Sec. 44. (a) This section does not apply to section
47 of this chapter.
(b) A person who knowingly violates this chapter commits
a Class B misdemeanor.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-45
State board; supervision; rules
Sec. 45. (a) The state board shall exercise general
supervision by resolution over the attendance system of the state.
(b) The state board may adopt rules under IC 4-22-2
pertaining to the state attendance system and the enforcement of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-46
Compulsory attendance; exception; disability
Sec. 46. (a) With the approval of the state board,
a superintendent may exclude or excuse a student found mentally or physically
unfit for school attendance. An exclusion or excuse under this section is valid
only for the school year during which it is issued.
(b) A superintendent's action under this section must
be in accordance with limitations and regulations established by the state board
concerning the procedures and requirements for the complete examination of students.
(c) A student may not be compelled to undergo any examination
or treatment under this chapter when the student's parent objects on religious
grounds, which consists of a good faith reliance on spiritual means or prayer
for healing. The objection is not effective unless it is:
(1) made in writing;
(2) signed by the student's
parent; and
(3) delivered to the student's
teacher or to the individual who might order an examination or treatment absent
the objection.
A student may not be excluded under this section except as provided under IC 20-33-8.
As added by P.L.1-2005, SEC.17.
IC 20-33-2-47
School corporations; notification of absences; reports to local health departments
Sec. 47. (a) A school corporation may develop and
implement a system of notifying the parent of a student when:
(1) the student fails to attend
school; and
(2) the student does not have
an excused absence for that day.
(b) A school corporation or an accredited nonpublic
school shall
report to the local health department the
percentage of student absences above a threshold determined by the department
by rule adopted under IC 4-22-2.
(c) If a school corporation implements a notification
system under this chapter, the attendance officer or the attendance officer's
designee shall make a reasonable effort to contact by telephone the parent
of each student who has failed to attend school and does not have an excused
absence for that day.
(d) If an attendance officer or an attendance officer's
designee has made a reasonable effort to contact a parent under subsection
(c), the school corporation is immune from liability for any damages suffered
by the parent claimed because of failure to contact the parent.
As added by P.L.1-2005, SEC.17.