West's Annotated Indiana Code 20-8.1-3-17
Ages: "Earlier of the date on which the child officially enrolls
in a school or reaches the age of 7 until the date on which he reaches the
age of 17 or reaches the age of 16 and a parent or guardian provides written
consent for the child to withdraw from school."
Days: "for the number of days public schools are in session
in the school corporation in which the child is enrolled in Indiana,"
or "if the child is enrolled outside Indiana, for the number of days
the public schools are in session where the child is enrolled." Generally,
180 days.
Subjects: "Instruction equivalent to that given in the public schools,"
IC 20-8.1-3-34. "A school that is nonpublic,
non-accredited, and not otherwise approved by the Indiana State Board of
Education 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." (IC 20-8.1-3-17.3)
Home School Statutes: none
Alternative Statutes Allowing for Home Schools: IC
20-8.1-3-17. A child may attend "some other school which is taught
in the English language."
The court defined a school as "a place where instruction is imparted
to the young ... We do not think that the number of persons, whether one
or many, make a place where instruction is imparted any less or any more
a school." Peterman, 70 NE at 551. The court explained further: "Under
a law very similar to ours, the Supreme Court of Massachusetts has held
that the object and purpose of compulsory educational law are that all the
children shall be educated, not that they shall be educated in any particular
way." Peterman, at 551.
The court concluded; "The result to be obtained, an not the mean or
manner of attaining it, was the goal which the lawmakers were attempting
to reach. The law (compulsory attendance) was made for the parent who does
not educate his child, and not for the parents who ... so places within
the reach of the child the opportunity and means of acquiring an education
equal to that obtainable in the public schools ..." Peterman, at 552.
Teacher Qualifications: none
Standardized Tests: not required by statute
This analysis does not constitute the giving of legal advice.
Copyright 1996, all rights reserved.
Home School Legal Defense Association, Paeonian Springs, VA 20129
TITLE 20. EDUCATION
ARTICLE 1. DEPARTMENT OF EDUCATION; STATE ADMINISTRATION OF ELEMENTARY AND
SECONDARY SCHOOLS
ARTICLE 2. COUNTY AND TOWNSHIP ADMINISTRATION OF ELEMENTARY AND SECONDARY
SCHOOLS
ARTICLE 3. ELEMENTARY AND SECONDARY SCHOOL ADMINISTRATION IN CERTAIN CITIES
ARTICLE 3.1. IMPROVEMENT IN STUDENT ACHIEVEMENT IN SCHOOL CITIES
ARTICLE 4. REORGANIZATION OF ADMINISTRATION OF ELEMENTARY AND SECONDARY
SCHOOLS
ARTICLE 5. PUBLIC SCHOOL CORPORATIONS GENERALLY
ARTICLE 6.1. ELEMENTARY AND SECONDARY SCHOOL TEACHERS
ARTICLE 7. ELEMENTARY AND SECONDARY SCHOOL CLERICAL WORKERS
ARTICLE 7.5. COLLECTIVE BARGAINING LAW
ARTICLE 9.1. ELEMENTARY AND SECONDARY PUPIL TRANSPORTATION
ARTICLE 10.1. MISCELLANEOUS PROVISIONS CONCERNING ELEMENTARY AND
SECONDARY SCHOOLS
ARTICLE 11. EDUCATIONAL RESEARCH
ARTICLE 12. STATE UNIVERSITIES AND OCCUPATIONAL SCHOOLS
ARTICLE 14. LIBRARIES
Chapter 4. Limitations on the Employment of Children
Chapter 5.1. Suspension, Expulsion, and Student Discipline
Chapter 6.1. Transfers and Transfer Tuition
Chapter 6.5. Court Ordered Transfers
Chapter 7. Health Measures
Chapter 8. Safety Measures
Chapter 9. Financial Assistance for School Children
Chapter 10. Governor's Scholars Academy
Chapter 11. Acquired Immune Deficiency Syndrome (AIDS) Advisory Council
Chapter 12. Reporting Requirements; School Personnel
Chapter 13. Verifying Student Absences
Enacted 1973
Amended 1993
IC 20-8.1-3-17 Sec. 17. (a) Subject to the specific exceptions under this
chapter, each individual shall attend either a public school which the individual
is entitled to attend under IC 20-8.1-6.1 or some other school which is
taught in the English language.
(b) An individual is bound by the requirements of this chapter from the
earlier of the date on which the individual officially enrolls in a school
or, except as provided in subsection (h), the beginning of the fall school
term for the school year in which the individual becomes seven (7) years
of age until the date on which the individual:
(1) graduates;
(2) reaches at least sixteen (16) years of age but who is less than eighteen
(18) years of age and the requirements under subsection (j) concerning an
exit interview are met enabling the individual to withdraw from school before
graduation; or
(3) reaches at least eighteen (18) years of age; whichever occurs first.
(c) An individual who:
(1) enrolls in school before the fall school term for the school year in
which the individual becomes seven (7) years of age; and
(2) is withdrawn from school before the school year described in subdivision
(1) occurs; is not subject to the requirements of this chapter until the
individual
is reenrolled as required in subsection (b). Nothing in this section shall
be construed to require that a child complete grade 1 before the child reaches
eight (8) years of age.
(d) An individual for whom education is compulsory under this section shall
attend school each year:
(1) for the number of days public schools are in session in the school corporation
in which the individual is enrolled in Indiana; or
(2) if the individual is enrolled outside Indiana, for the number of days
the public schools are in session where the individual is enrolled.
(e) In addition to the requirements of subsections (a) through (d), an individual
must be at least five (5) years of age on:
(1) July 1 of the 1991-92 school year; or
(2) June 1 of the 1992-93 school year or any subsequent school year; to
officially enroll in a kindergarten program offered by a school corporation.
However, subject to subsection (g), the governing body of the school corporation
shall adopt a procedure affording a parent of an individual who does not
meet the minimum age requirement set forth in this subsection the right
to appeal to the superintendent of the school corporation for enrollment
of the individual in kindergarten at an age earlier than the age that is
set forth in this subsection.
(f) In addition to the requirements of subsections (a) through (e), and
subject to subsection (g), if an individual enrolls in school as permitted
under subsection (b) and has not attended kindergarten, the superintendent
of the school corporation shall make a determination as to whether the individual
shall enroll in kindergarten or grade 1
based on the particular model assessment adopted by the governing body under
subsection (g).
(g) 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 of the school corporation
under subsection (e).
(2) Establish criteria by which a governing body may adopt a model assessment
which will be utilized in making the determination under subsection (f).
(h) If the parents of an individual who would otherwise be subject to compulsory
school attendance under subsection (b), upon request of the superintendent
of the schoolcorporation, certify to the superintendent of the school corporation
that the parents intend to:
(1) enroll the individual in a nonaccredited, nonpublic school; or
(2) begin providing the individual with instruction equivalent to that given
in the public schools as permitted under IC 20-8.1-3-34; not later than
the date on which the individual reaches seven (7) years of age, the individual
is not bound by the requirements of this chapter until the individual reaches
seven (7) years of age.
(i) 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 subsection (b)(2). Each exit interview must be personally attended
by:
(1) the student's parent or guardian;
(2) the student;
(3) each designated appropriate school employee; and
(4) the student's principal.
(j) 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 or guardian, and the principal agree
to the withdrawal; and
(2) at the exit interview, the student provides written acknowledgement
of the withdrawal and the student's parent or guardian and the school principal
each provide written consent for the student to withdraw from school.
(k) For the purposes of this section, "school year" has the meaning
set forth in IC 21-2-12-3(j).
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by Acts 1976, P.L.101,
SEC.6; Acts 1980, P.L.147, SEC.1; P.L.210-1983, SEC.2; P.L.222-1987,
SEC.1; P.L.121-1989, SEC.9; P.L.34-1991, SEC.23; P.L.1-1992, SEC.101;
P.L.19-1992, SEC.16; P.L.1-1993, SEC.180; P.L.38-1993, SEC.14.
Enacted 1992
Amended 1992
IC 20-8.1-3-17.3 Sec. 17.3. (a) A school that is:
(1) nonpublic;
(2) nonaccredited; and
(3) not otherwise approved by the Indiana state board of education; 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 or nonpublic or a state board approved nonpublic
school if:
(1) the governing body or superintendent of the school corporation, 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.
Enacted 1973
Amended 1991
IC 20-8.1-3-23 Sec. 23. (a) An accurate daily record of the attendance of
each child who is subject to compulsory school attendance under section
17 of this chapter shall be kept by every public and private school.
(b) In a public school, the record shall be open at all times for inspection
by attendance officers, school officials, and agents of the department of
labor. Every teacher shall answer fully all lawful inquiries made by an
attendance officer, school official, or agent of the department of labor.
(c) In a private school, the record shall be required to be kept solely
to verify the enrollment and attendance of any particular child upon request
of the state superintendent of public instruction or the superintendent
of the school corporation in which the private school is located.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.210-1983, SEC.3;
P.L.5-1988, SEC.105; P.L.34-1991, SEC.24.
Enacted 1973
Amended 1991
IC 20-8.1-3-24 Sec. 24. (a) Each principal and teacher in every public school
that is attended by any children who are subject to the compulsory school
attendance laws under section 17 of this chapter shall furnish, on request
of the superintendent of the district in which they are employed, a list
of names, addresses, and ages of all minors attending their school. When
a pupil withdraws from school, they shall immediately report to the superintendent
his name and address and the date of his withdrawal.
(b) Each principal or school administrator in every private school that
is attended by any children who are subject to the compulsory school attendance
laws under section 17 of this chapter shall furnish, on request of the state
superintendent of public instruction, the number of children by grade level
attending the school. When a pupil withdraws from school, and no public
or other private school has requested the pupil's educational records within
fifteen (15) school days after the date the pupil withdrew from school,
then the private school shall report to the state superintendent of public
instruction or the superintendent of the school corporation in which the
private school is located, the name and address of the pupil and the date
he withdrew from school.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.210-1983, SEC.4;
P.L.34-1991, SEC.25.
Enacted 1973
Amended 1979
IC 20-8.1-3-34 Sec. 34. Compulsory Attendance for Full Term; Duty of Parent.
It is unlawful for a parent to fail, neglect or refuse to send his child
to a public school for the full term as required under this chapter unless
the child is being provided with instruction equivalent to that given in
the public schools. This section does not apply during any period when the
child is excused from attendance under this chapter.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by Acts 1978, P.L.2,
SEC.2004; Acts 1979, P.L.87, SEC.7.