Sec. 46. (a) Except as provided in subsection (c), a superintendent or school leader 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 and shall not violate a student's right to a free and appropriate public education under federal law.
(b) 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.
(c) If a physician, psychologist, or psychiatrist certifies that a student is fit for school attendance, the superintendent or school leader may not exclude or excuse that student. However, nothing in this section shall prohibit a school from disciplining a student pursuant to any legal authority, including but not limited to IC 20-33-8.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-19.]
As added by P.L.1-2005, SEC.17. Amended by P.L.41-2014, SEC.3.
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