Health Measures: Tuberculosis; Tests (ch. 24).

SEC. 1. The school officials of each school corporation in the state of Indiana shall, upon enrollment of any child for the first time in any school of the school corporation, require the parents, guardian, or any person having the control and custody of such child, to furnish written evidence that such child has been skin tested for tuberculosis. The state board of health may prescribe by regulation the kind and nature of such test, and such written evidence shall be on such form as may be prescribed by the state board of health of Indiana, and shall show the residence, age, and sex of such child, the kind of test used, the result of such test, and shall be signed by a person authorized to practice medicine without limitation in Indiana. In no case shall a child be permitted to attend school more than thirty (30) days beyond the date of his enrollment without furnishing said written evidence. [Source: Acts 1967, ch. 28, sec. 1; as amended by Acts 1969, ch. 150, sec. 1.]

SEC. 2. Where the parent, guardian, or person having custody and control of a child relies, in good faith, and so states in writing, upon spiritual means or prayer for healing, no tuberculosis skin test shall be required.

If any parent, guardian, or person having custody and control of such child is financially unable to pay for such testing and report and so states in writing, the school corporation enrolling such child shall pay for the same. [Source: Acts 1967, ch. 28, sec. 2; as amended by Acts 1969, ch. 150, sec. 2.]

Federal Aid

Art. 1. (ch. 6. State Board of Education: Division of Special Education)

SEC. 4. The state of Indiana hereby accepts all of the provisions and benefits of all laws enacted by the Congress of the United States which provide for aid to handicapped children and the Indiana state board of education is hereby designated as the proper authority and is authorized to accept any federal funds appropriated for the purpose of aiding in the education of handicapped children and such state board of education shall comply with all the requirements of federal law concerning any such federal funds relating to such special educational activities as well as with any amendments thereto or rules and regulations issued thereunder and in conformity therewith, and not inconsistent with the provisions of this act. [Source: Acts 1947, ch. 276, sec. 4.]

Superintendent of Public Instruction: Surplus Agricultural Commodities Distribution (ch. 16)

SEC. 1. The state superintendent of public instruction is hereby designated and empowered to cooperate with the agricultural marketing service of the United States department of agriculture and other federal relief agencies in the distribution of surplus agricultural commodities to tax-supported public schools, private and parochial nonprofit schools; to local township and county relief agencies and to such other non-profit public and private institutions, as by law such commodities may be distributed. [Source: Acts 1955, ch. 58, sec. 1.]

State Board of Vocational and Technical Education (ch. 18).

SEC. 0.5. As used in this chapter, unless context clearly required otherwise, the term "vocational education" means vocational, occupational and technical education, training and retaining at all levels of instruction. [Approved April 9, 1973.]

SEC. 1. In order to receive federal funds which may now or hereafter be available and to divide and distribute such funds between the commission on general education of the Indiana state board of education and the board of trustees of the Indiana vocational technical college in a manner which will contribute most to vocational and technical education in Indiana, there is hereby created and established a "state board of vocational and technical education" in Indiana, which board shall supersede the present state board of vocational education and shall assume and succeed to all its rights, duties,

powers and privileges as are now provided under existing Indiana and federal laws. [Source: Act 1965, ch. 244, sec. 1.]

Art. 5. School Organization: General Powers (ch. 13. General Powers: School Lunch)

SEC. 2. The state superintendent of public instruction is hereby authorized to accept and direct the disbursement of funds appropriated by any act of congress and apportioned to the state for use in connection with school lunch programs. The state superintendent of public instruction shall deposit all such funds received from the federal government with the treasurer of state in such properly designated special amount or accounts as will facilitate the administration of the program, and said treasurer shall make disbursements therefrom upon the direction of the state superintendent of public instruction [Source: Acts 1947, ch. 305, sec. 2.]

SEC. 7. Whereas on August 27, 1946 the administrative defense council of the state of Indiana entered into a certain contract with the United States department of agriculture for participation by the state of Indiana in the school lunch program prescribed by the provisions of a certain Act of the 79th Congress of the United States, being Public Law 396, and known as the National School Lunch Act, said action of said administrative defense council of the state of Indiana in entering into and carrying out said program for and on behalf of the state of Indiana, and in using funds in carrying on such program which funds had heretofore been appropriated to said administrative defense council of the state of Indiana, is hereby validated and legalized. [Source: Acts 1947, ch. 305, sec. 7.]

SEC. 8. All and any of the rights, powers, duties and liabilities in favor of or enjoined upon said administraitve defense council of the state of Indiana arising out of the execution of said contract of August 27, 1946, with said United States department of agriculture, and the carrying out of said school lunch program pursuant thereto, shall immediately vest in the state superintendent of public instruction on the date this act becomes effective, and said contract shall thereafter be carried out and performed by and in the name of said state superintendent of public instruction, for and on behalf of the state of Indiana, without the necessity of executing a new contract therefor, unless a new contract shall be found to be necessary or desirable by the parties thereto. [Source: Acts 1947, ch. 305, sec. 8.]

SEC. 9. All school cities, school townships, school towns, and joint districts are hereby authorized to establish, equip, operate and maintain school kitchens and school lunch rooms, for the improvement of the health of the school children attending school therein, and for the advancement of the educational work of their respective schools; to employ all necessary directors, assistants and agents; and appropriate funds of such school corporations for such purpose. Such participation in a school lunch program pursuant to the provisions of this act shall be discretionary with the governing board of any school corporation.

In the event that federal funds are not available for the purpose of carrying on a school lunch program, the state of Indiana shall not participate in such school lunch program and any money appropriated by the state of Indiana for such purpose, and not expended, shall immediately revert to the state general fund. Failure on the part of the state of Indiana to participate in the school lunch program shall not invalidate any appropriation made or school lunch program carried on by any school corporation by means of gifts or money raised by tax levy pursuant to the provisions of this act for the purpose of such school lunch program. [Source: Acts 1947, ch. 305, sec. 10.]

Miscellaneous

Art. 8.1. (ch. 3. Compulsory School Attendance)

SEC. 22. Attendance, public school children, religious instruction.- When the parent of a child who is enrolled in a public school makes a written request, the principal may permit the child to attend a school for religious

instruction which is conducted by a church or an association of churches or by an association which is organized for religious instruction and incorporated under the laws of Indiana. If a principal grants permission for a child to attend a school for religious instruction, he shall specify a period or periods, not to exceed one hundred twenty (120) minutes in the aggregate in any week, for children to receive this instruction. Permission to attend a school for religious instruction shall be valid only for the year in which it is granted. Decisions made by a principal under this section may be reviewed by the superintendent of the school corporation.

A school for religious instruction which receives pupils under this section shall maintain attendance records and allow inspection of these records by attendance officers. A pupil who attends a school for religious instruction under this section shall receive the same attendance credit which he would receive for attendance in the public schools for the same length of time. A school for religious instruction shall not be supported, in whole or in part, by public funds. [Approved February 26, 1973.]

Art. 12. (ch. 21. State Higher Education: State Scholarship Commission)

SEC. 1. This act may be cited as the "Indiana Scholarships Act." [Source: Acts 1965, ch. 157, sec. 1.]

SEC. 2. The purposes of this act are (1) to increase the opportunities for a higher education for all persons domiciled in the state who, though wanting such an education and being highly qualified for it, are deterred by financial considerations, and (2) to accomplish this by establishing a system of state scholarships that will enable them to select and attend qualified public or private institutions of higher learning in the state. [Source: Acts 1965, ch. 157, sec. 2.]

SEC. 3. As used in this chapter the term:

(1) “academic year" means the period from September 1 of a year through August 31 of the next succeeding year;

(2) "approved institution of higher learning" means an educational institution located in the state (a) that provides an organized two (2) year or longer program of collegiate grade directly creditable toward a baccalaureate degree, (b) that is either operated by the state or operated not for profit, and (c) that is accredited by a recognized regional accrediting agency or is certified by the state department of public instruction as qualified to prepare persons to teach in the state: Provided, That Indiana Vocational Technical College shall be considered an approved institution of higher learning;

(3) "approved secondary school" means a public high school located in the state and any school, located in or outside the state, that in the judgment of the superintendent provides a course of instruction at the secondary level and maintains standards of instruction substantially equivalent to those of public high schools located in the state;

(4) "commission" means the state scholarship commission established by this chapter;

(5) "educational costs" means tuition and regularly assessed fees;

(6) "enrollment" means the establishment and maintenance of an individual's status as student in an institution of higher learning;

(7) "honorary scholarship" means a non-monetary award; (8) "scholarship" means a monetary award; and

(9) “superintendent" means the superintendent of public instruction of the state. [Approved March 29, 1971.]

SEC. 6.5. The Indiana State Scholarship Commission shall publish and make available to all applicants all its rules and regulations governing the awarding of scholarships. Such rules and regulations shall state specifically the conditions under which scholarships once granted may be withdrawn or reduced. [Approved April 14, 1971.]

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Bill of Rights (art. 1).

SEC. 3. Freedom of religion.-The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.

ANNOTATION.-The carrying on with public school funds of a public school, in conjunction with, and as part of, a parochial school, devoted in part to sectarian teaching, is wholly illegal, and no lapse of time, and no acquiescence of the people therein, will give it validity. Knowlton v. Baumhover, 182 Iowa 691-166 N.W. 202.

Legislative Department (art. 3).

SEC. 31. Extra compensation-payment of claims-appropriations of money or property.-No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into; nor, shall any money be paid on any claim, the subject matter of which shall not have been provided for by pre-existing laws, and no public money or property shall be appropriated for local, or private purposes, unless such appropriation, compensation, or claim, be allowed by two-thirds of the members elected to each branch of the general assembly.

ANNOTATIONS.-The prohibition on this section against appropriation for private purposes except as allowed by two-thirds of assembly confers no power of general legislation, but confines discretion to particular proposed appropriation. Love v. City of Des Moines, 1930, 210 Iowa 90, 230 N.W. 373.

An appropriation to State board of education (State board of regents) for employment of teachers to instruct in normal training courses conducted in private institutions where persons employed would be under control of board of education had for its object a public purpose and majority of each branch of legislature was sufficient to pass the bill. [Op. Atty. Gen., 1923, 1924, p. 246.]

State Debts (art. 7).

SEC. 1. Credit of State-giving or loan.—The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation; and the State shall never assume, or become responsible for, the debts or liabilities of any individual, association, or corporation, unless incurred in time of war for the benefit of the State.

School Funds and School Lands (art. 9, 2d).

SEC. 3. Promotion of intellectual, scientific, etc. improvement-perpetual fund for support of common schools.-The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, for the support of schools, which may have been, or shall hereafter be sold, or disposed of, and the 500,000 acres of land granted to the new States, under an act of Congress, distributing the proceeds of the public lands among the several states of the Union, approved in the year of our Lord one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such percent as has been, or may hereafter be granted by Congress, on the sale of lands in this State, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.

Compiler's Note: Public money cannot be appropriated, given, or loaned by the corporate authorities of any county or township, to or in favor of any institution, school, association, or object which is under ecclesiastical or sectarian management or control.

ANNOTATIONS.-School maintained in conjunction with parochial school not entitled to State aid. [Op. Atty. Gen., 1928, p. 286.]

Diversion of public funds to parochial school. It is the duty of the county superintendent to bring and the county attorney to prosecute an action to enforce. [Op. Atty. Gen., 1930, Nov. 13.]

Contribution of school funds to ecclesiastical schools prohibited. [Op. Atty. Gen., 1914, p. 117, Knowlton v. Baumhover cited under Bill of Rights, art. 1, sec. 3.]

Education and School Lands (art. 9).

SEC. 1. Board of education.-The educational interest of the State, including Common Schools and other educational institutions, shall be under the management of a Board of Education, which shall consist of the Lieutenant Governor, who shall be the presiding officer of the Board, and have the casting vote in case of a tie, and one member to be elected from each judicial district of the State.

SEC. 8. Power to legislate.-The Board of Education shall have full power and authority to legislate and make all needful rules and regulations in relation to Common Schools, and other educational institutions, that are instituted, to receive aid from the School or University fund of this State: ut all acts, rules, and regulations of said Board may be altered, amended or repealed by the General Assembly; and when so altered, amended, or repealed, they shall not be re-enacted by the Board of Education.

SEC. 12. Common schools.-The Board of Education shall provide for the education of all the youths of the State, through a system of Common Schools

and such schools shall be organized and kept in each school district at least three months in each year. Any district failing, for two consecutive years, to organize and keep up a school as aforesaid may be deprived of their portion of the school fund.

Tax Exemptions For Nonpublic Schools

Corporations (art. 8).

SEC. 2. Corporate property-Taxation.-The property of all corporations for pecuniary profit, shall be subject to taxation, the same as that of individuals.

Miscellaneous

Corporations (art. 8).

SEC. 1. General laws for creation of corporations.—No corporation shall be created by special laws; but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided.

Compiler's Note: See STATUTORY PROVISIONS, APPROVAL/SUPERVISION/SUPPORT, Ch. 3; Ch. 343, Sec. 343.8; and MISCELLANEOUS, Ch. 442, Sec. 442.13.

STATUTORY PROVISIONS

School Laws of Iowa

Approval/Supervision/Support

Statutes and Related Matters (ch. 3).

SEC. 3.14. Certain appropriations prohibited. No appropriations shall be made to any institution not wholly under the control of the State. (S13, sec. 116-c1; C24, 27, 31, 35, 39, sec. 60; C46, 50, 54, 58, 62, sec. 3.14).

Department of Public Instruction (ch. 257).

SEC. 257.25. Educational standards. In addition to the responsibilities of the state board of public instruction and the state superintendent of public instruction under other provisions of the Code, the state board of public instruction shall, except as otherwise provided in this section, establish standards-approving all public and nonpublic schools in Iowa offering instruction at any or all levels from the prekindergarten level through grade twelve. A nonpublic school which offers only a prekindergarten program may, but shall not be required to, seek and obtain approval under this chapter. A list of approved schools shall be maintained by the department of public instruction. The approved standards, established by the state board shall delineate and be based upon educational program described below: ***

3. The following areas shall be taught in grades one through six: Language arts, including reading, handwriting, spelling, oral and written English, and literature; social studies, including geography, history of the United States and Iowa with attention given to the role in history played by all persons, and a positive effort shall be made to reflect the achievements of women, minorities, and any others who, in the past, may have been ignored or overlooked by reason of race, sex, religion, physical disability, or ethnic background, cultures of other peoples and nations, and American citizenship, including the study of national, state, and local government in the United States; mathematics; science, including conservation of natural resources and environmental awareness; health and physical education, including the effects of alcohol, tobacco, drugs, and poisons on the human body, the characteristics of communicable diseases; traffic safety, including pedestrian and bicycle safety procedures; music; and art.

4. The following shall be taught in grades seven and eight as a minimum program: Science, including conservation of natural resources and environmental awareness; mathematics; social studies with attention given to the role in history played by all persons, and a positive effort shall be made to reflect the achievements of women, minorities, and any others who, in the past, may have been ignored or overlooked by reason of race, sex, religion, physical disability, or ethnic background, cultures of other peoples and nations, and American citizenship; language arts which shall include reading, spelling, grammar, oral and written composition, and may include other communication subjects; health and physical education, including the effects of alcohol, tobacco, drugs and poisons on the human body, the characteristics of communicable diseases, including venereal diseases and current crucial health issues; music; and art.

5. Provision for special education services and programs shall be made for children requiring special education, who are or would otherwise be enrolled in kindergarten through grade eight of such schools.

6. In grades nine through twelve, a unit of credit shall consist of a course or equivalent related components or partial units taught throughout the academic year. The minimum program for grades nine through twelve shall be:

a. Four units of science including physics and chemistry; the units of physics and chemistry may be taught in alternate years.

b. Four units of the social studies. American history, American government, government and cultures of other peoples and nations, and general consumer education, family law, and economics, including comparative and consumer economics, shall be taught in the units but need not be required as full units. All students shall be required to take one unit of American history which shall give attention to the role in history played by all persons, and a positive effort shall be made to reflect the achievements of women, minorities, and any others who, in the past, may have been ignored or overlooked by reason of race, sex, religion, physical disability, or ethnic background and one half unit of the governments of Iowa and the United States, including instruction in voting statutes and procedures, voter registration requirements, the use of paper ballots and voting machines in the election process, and the method of acquiring and casting an absentee ballot.

The county auditor, upon request and at a site chosen by him, shall make available to schools within the county voting machines or sample ballots that are generally used within the county, at such times that these machines or sample ballots are not in use for their recognized purpose.

c. Four units of English, including language arts.

d. Four units of a sequential program in mathematics.

e. One unit of general mathematics.

f. Two units of one foreign language; the units of foreign language may be taught in alternate years, provided there is no break in the progression of instruction from one year to the next.

g. All students physically able shall be required to participate in physical education activities during each semester a student is enrolled in school. A minimum of one-eighth unit each semester shall be required, except that any pupil participating in an organized and supervised high school athletic program which requires at least as much time of participation per week as one-eighth unit may be excused from the physical education course during the time of his participation in the athletic program. Physical education activities shall emphasize leisure time activities which will benefit the student outside the school environment and after graduation from high school.

h. Five units of occupational education subjects which may include but shall not be limited to programs, services, and activities which prepare students for employment in office and clerical, trade and industrial, consumer and homemaking, agriculture, distributive, and health occupations.

i. Units or partial units in the fine arts shall be taught which may include art, music, and dramatics.

j. Health education, including an awareness of physical and mental health needs, the effects of alcohol, tobacco, drugs and poisons on the human body, the characteristics of communicable diseases, including venereal diseases and current crucial health issues.

8. Upon request of the board of directors of any public school district or the authorities in charge of any nonpublic school, the state board of public instruction may, for a number of years to be specified by the state board, grant the district board or the authorities in charge of any nonpublic school exemption from one or more of the requirements of the educational program specified in subsection six (6). The exemption may be renewed ***

9. To facilitate the implementation and economical operation of the educational program defined in subsections four (4) and six (6) of this section, each school offering any of grades seven through twelve, except a school which offers grades one through eight as an elementary school, shall have:

a. A qualified school media specialist who shall meet the certification and approval standards prescribed by the department of public instruction and adequate media center facilities as hereinafter defined.

(1) School Media Specialist. The media specialist may be employed on a part-time or full-time basis, or may devote only part time to media service activities, according to the needs of the school and the availability of media personnel, as determined by the local board. The state board shall recommend standards based upon the number of students in attendance, the nature of the academic curriculum, and other appropriate factors.

(2) Organization and Adequacy of Collection. The media center shall be organized as a resource center of instructional material for the entire educational program. The number and kind of library and reference books, periodicals, newspapers, pamphlets, information files, audiovisual materials, and other learning aids shall be adequate for the number of pupils and the needs of instruction in all courses.

b. A qualified school guidance counselor who shall meet the certification and approval standards prescribed by the department of public instruction. The guidance counselor may be employed on a part-time or full-time basis, or may devote only part time to counseling services, according to the needs of the school and the availability of guidance personnel, as determined by the local board. The state board shall recommend standards based upon the number of students in attendance and other appropriate factors. Other members of the noninstructional professional staff, including but not limited to physicians, dentists, nurses, school psychologists, speech therapists, and other specialists, may also be employed or shared by one or more schools. The guidance counselor shall meet the certification and approval standards of the department of public instruction and noninstructional staff members shall meet the professional practice requirements of this state relating to their special services.

c. Arrangement for special education services.

d. Adequate instructional materials for classrooms.

10. As a basis for inclusion on the list of approved schools, the state department of public instruction shall evaluate the school educational program in the several school systems of the state for the purposes of school improvement and approval, and each public and nonpublic school system shall make such reports as the superintendent of public instruction deems necessary to show compliance with the curriculum programs and other requirements prescribed in the Code.

11. The state board of public instruction shall remove for cause, after due investigation and notice, any school or school district from the approved list which fails to comply with such approval standards, rules, and regulations *** A school or school district which is removed from the approved list pursuant to the provisions of this section shall be ineligible to receive state financial aid during the period of noncompliance.

12. The department of public instruction shall give any school or school district which is to be removed from the approved list at least one-year notice. Such notice shall be given by registered or certified mail addressed to the superintendent of the school district or the corresponding official of a private school, and shall specify the reasons for removal ***

13. Notwithstanding the foregoing provisions of this section and as an exception to their requirements, a private high school or private combined junior-senior high school operated for the express purpose of teaching a program designed to qualify its graduates for matriculation at accredited four-year or equivalent liberal arts, scientific, or technological colleges or

universities shall be placed on a special approved list of college preparatory schools, which list shall signify approval of the school for such express purpose only, provided that:

a. Such school complies with minimum standards established by provisions of the Code other than this section, and administrative rules thereunder, applicable to:

(1) Courses comprising such limited program.

(2) Health requirements for personnel.

(3) Plant facilities.

(4) Other environmental factors affecting such programs.

b. At least eighty percent of those graduating from such school within the annually most recent four calender years, other than those graduating who are aliens, graduates entering military or alternative civilian service, or graduates deceased or incapacitated before college acceptance, have been accepted by accredited four-year or equivalent liberal arts, scientific, or technological colleges or universities.

Any school claiming to be a private college preparatory school which fails in any year to comply with the requirement of paragraph "b" of this subsection shall be placed on the special approved list of college preparatory schools probationally if such school complies with the requirements of paragraph “a” of this subsection, but such probational approval shall not continue for more than four successive years.

SEC. 257.26. Sharing instructors and services.-The state board, when necessary to realize the purposes of this chapter, shall approve the enrollment in public schools for specified courses of students who also are enrolled in private schools, when the courses in which they seek enrollment are not available to them in their private schools, provided such students have satisfactorily completed prerequisite courses, if any, or have otherwise shown equivalent competence through testing. Courses made available to students in this manner shall be considered as compliance by the private schools in which such students are enrolled with any standards or laws requiring such private schools to offer or teach such courses. ***

School districts and county school systems or joint county systems, or their successor agencies, may, when available, make public school auxiliary services, which may include health services, special education services, services and materials for remedial education programs and library and resource centers, audio-visual services and materials, guidance services, scientific instruments, school testing services, and other services and materials, available to children attending nonpublic schools in the same manner and to the same extent that they are provided to public school students.

Boards of local school districts shall provide auxiliary services and materials to nonpublic school students enrolled in nonpublic schools in the district through the same administrative procedure by which they are provided to the public school students in that district and to the extent that funds appropriated by the general assembly to the department of public instruction for reimbursement for claims of school districts filed pursuant to this section are sufficient to pay for the services and materials * * * Funds allocated by the department for approved plans and claims for reimbursement to each local school district shall not be paid for delivery of auxiliary services and materials to students who attend nonpublic schools that have policies which discriminate among students on the basis of race, color, creed, sex, or place of national origin, except that it shall not be considered discrimination for a nonpublic school to limit enrollment to students of one sex or one creed.

Nonpublic school students enrolled in public school shared-time programs shall for the purposes of school district reimbursement under this section be counted only in the proportion that the time for which they are enrolled or receive instruction in the nonpublic school bears to the total time for which they receive instruction.

Applications for receipt of auxiliary services and materials for nonpublic school students shall be made by the principal or chief administrator of the nonpublic school to the board of the local school district. The board of the local school district to which application is made may contract with and may make payment to the board of any other local school district, county school