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.
(e) A public secondary school may award academic credit to a student who attends religious instruction under this section if the governing body of the school corporation adopts a policy that allows the awarding of credit. A policy adopted under this subsection must provide the following:
(1) Classes in religious instruction are evaluated on the basis of purely secular criteria in substantially the same manner as similar classes taken by a student at a nonpublic secondary school who transfers to a public secondary school are evaluated to determine whether the student receives transfer credit for the classes. Secular criteria may include the following in addition to other secular criteria established by the governing body:
(A) The number of hours of classroom instructional time.
(B) A review of the course syllabus that reflects the course requirements and materials.
(C) Methods of assessment used in the course.
(D) Whether the course is taught by a licensed teacher.
(2) The decision of whether to award academic credit is neutral as to, and does not involve any test for, religious content or denominational affiliation.
(3) A provision that a student who attends religious instruction under this section shall first seek to use a time period during a student instructional day (as defined in IC 20-30-2-2) that is not devoted to student instructional time to attend religious instruction. If a student is not able to attend religious instruction at a time other than during student instructional time, the student may not be released to attend religious instruction for an amount of time per week that exceeds the amount established in subsection (b).
A student may be awarded a total of not more than two (2) elective academic credits under this subsection.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-22.]
As added by P.L.1-2005, SEC.17. Amended by P.L.226-2019, SEC.1.
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