Indiana Code
Chapter 2. Compulsory School Attendance
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.
(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

Indiana Code

Title 20. Education

Article 33. Students: General Provisions

Chapter 2. Compulsory School Attendance

20-33-2-1. Legislative Intent

20-33-2-2. Repealed

20-33-2-3. Application

20-33-2-3.2. "Attend"

20-33-2-4. Compulsory Attendance

20-33-2-5. Days of 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

20-33-2-12. Nonpublic, Nonaccredited, and Nonapproved Schools; Curriculum or Content Requirements; Student Enrollment or Participation

20-33-2-13. High School Transcripts; Required Contents

20-33-2-14. Compulsory Attendance; School Corporation Policy; Exceptions; Service as Page or Honoree of General Assembly

20-33-2-15. Attendance Exception; Service on Precinct Election Board or for Political Candidates or Parties

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

20-33-2-17.5. Compulsory School Attendance; Exceptions; Educationally Related Nonclassroom Activity; Nonclassroom Activity

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

20-33-2-25. Habitual Absence From School; Report to Juvenile Intake Officer or Department of Child Services

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

20-33-2-28.6. Transfer to Nonaccredited Nonpublic School; Acknowledgment of Legal Requirements; Notification to Bureau of Motor Vehicles

20-33-2-28.7. Department's Compilation of Statistics Concerning Likely Consequences of Withdrawing From School Before Graduation

20-33-2-29. Children in Certain Institutions or Facilities; Compulsory School Attendance; Reimbursement for Space Used Within Facilities for Court Placed Student Expenses

20-33-2-30. Separate Attendance District; Requirement

20-33-2-31. Attendance Officers; Appointment

20-33-2-32. Repealed

20-33-2-33. Repealed

20-33-2-34. Repealed

20-33-2-35. Ex Officio Attendance Officers

20-33-2-36. Repealed

20-33-2-37. Repealed

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

20-33-2-44. Penalty

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