CHAPTER 3. HEALTH AND SAFETY MEASURES
IC 20-34-3
Chapter 3. Health and Safety Measures
IC 20-34-3-1
Rules
Sec. 1. (a) When the power to make rules for the administrationof a section of this chapter or IC 20-34-4 is not specifically grantedto a particular board or agency, the state department of health and thestate board shall jointly adopt rules.
(b) A rule adopted under this chapter or IC 20-34-4 must complywith IC 4-22-2. However, the state department of health mayprescribe forms for any reports required under this chapter orIC 20-34-4 without formal procedures.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-2
Religious objections
Sec. 2. (a) Except as otherwise provided, a student may not berequired to undergo any testing, examination, immunization, ortreatment required under this chapter or IC 20-34-4 when the child'sparent objects on religious grounds. A religious objection does notexempt a child from any testing, examination, immunization, ortreatment required under this chapter or IC 20-34-4 unless theobjection is:
(1) made in writing;
(2) signed by the child's parent; and
(3) delivered to the child's teacher or to the individual whomight order a test, an exam, an immunization, or a treatmentabsent the objection.
(b) A teacher may not be compelled to undergo any testing,examination, or treatment under this chapter or IC 20-34-4 if theteacher objects on religious grounds. A religious objection does notexempt an objecting individual from any testing, examination, ortreatment required under this chapter or IC 20-34-4 unless theobjection is:
(1) made in writing;
(2) signed by the objecting individual; and
(3) delivered to the principal of the school in which theobjecting individual teaches.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-3
Exception for student's health
Sec. 3. If a physician certifies that a particular immunizationrequired by this chapter or IC 20-34-4 is or may be detrimental to astudent's health, the requirements of this chapter or IC 20-34-4 forthat particular immunization is inapplicable for the student until theimmunization is found no longer detrimental to the student's health.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-4
Medical inspection of student
Sec. 4. The governing body of a school corporation may providefor the inspection of students by a school physician to determinewhether any child suffers from disease, disability, decayed teeth, orother defects that may reduce the student's efficiency or prevent thestudent from receiving the full benefit of the student's school work.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-5
Exemption from examination
Sec. 5. If the parent of a student furnishes a certificate ofexamination from an Indiana physician at the beginning of a schoolyear, the student is exempt from any examination the governing bodyrequires under section 4 of this chapter. The certificate ofexamination must state that the physician has examined the studentand reported the results of the examination to the parent. Thegoverning body may require a parent to periodically furnishadditional certificates.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-6
School physicians and nurses
Sec. 6. (a) The governing body of a school corporation mayappoint one (1) or more school physicians and one (1) or more nurseswho are registered to practice nursing in Indiana.
(b) A nurse appointed under this section is responsible foremergency nursing care of students when an illness or accidentoccurs during school hours or on or near school property.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-7
Joint employment of physicians, health coordinators, or nurses
Sec. 7. (a) Two (2) or more school corporations may jointlyemploy one (1) physician, one (1) health coordinator, and one (1) ormore nurses. School corporations may also employ the personneljointly with a civil city or town.
(b) Arrangements under this section must be on terms agreeableto all school corporations involved.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-8
School physician duties
Sec. 8. A school physician shall promptly examine each studentwho is referred to the physician. The physician shall examineteachers and janitors and inspect school buildings to the extentrequired, in the physician's opinion, to protect the health of studentsand teachers.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-9
Students found to be ill; medical care; readmission; appeals
Sec. 9. (a) If a student is ill, has a communicable disease, or isinfested with parasites, the school principal may send the studenthome with a note to the student's parent. The note must describe thenature of the illness or infestation and, if appropriate, recommendthat the family physician be consulted.
(b) If the parent of a student who is sent home under this sectionis financially unable to provide the necessary medical care, themedical care shall be provided by a public health facility. If a publichealth facility is not available, the township trustee or an appropriategovernmental agency shall provide the necessary care.
(c) A student who is sent home under this section may bereadmitted to the school:
(1) when it is apparent to school officials that the student is nolonger ill, no longer has a communicable disease, or is nolonger infested with parasites;
(2) upon certification of a physician that the student is no longerill, no longer has a communicable disease, or is no longerinfested with parasites;
(3) upon certification of a physician that the student has acommunicable disease, but the disease is not transmissiblethrough normal school contacts; or
(4) upon certification of a Christian Science practitioner, whois listed in The Christian Science Journal, that based on thepractitioner's observation the student apparently is no longer ill,no longer has a communicable disease, or is no longer infestedwith parasites.
If school personnel disagree with the certifying physician orChristian Science practitioner as to whether the student should bereadmitted to school, the local health officer shall determine whetherthe student may be readmitted to school.
(d) An individual who objects to the determination made by thelocal health officer under this section may appeal to thecommissioner of the state department of health, who is the ultimateauthority. IC 4-21.5 applies to appeals under this subsection.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-10
Sickle cell anemia tests
Sec. 10. (a) A sickle cell anemia test shall be administered to eachstudent when the examining physician or school nurse determinesthat the test is necessary. The physician shall state on theexamination form whether the test was given and, if it was, the result.All positive results shall be filed with the examining physician andthe state department of health.
(b) The state department of health and the state board shall adoptjoint rules concerning sickle cell anemia testing equipment,qualifications for sickle cell anemia testing personnel, and sickle cellanemia testing procedures. (c) Records of all tests administered under this section shall bemade and continuously maintained by the state department of healthto provide information useful in protecting, promoting, andmaintaining the health of students.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-11
Lead poisoning tests
Sec. 11. (a) The governing body of a school corporation mayrequire students to be tested for lead poisoning.
(b) If a student's parent states in writing that the parent isfinancially unable to pay for a test under this section, the studentshall be referred to the free clinic or public health facility in the areathat provides services for indigents.
(c) The state department of health and the state board shall adoptjoint rules concerning lead poisoning testing under this section.
(d) Records of all tests administered under this section shall bemade and continuously maintained by the state department of healthto provide information useful in protecting, promoting, andmaintaining the health of students.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-12
Vision tests; records; report on information
Sec. 12. (a) For purposes of this section, "modified clinicaltechnique" means a battery of vision tests that includes:
(1) a visual acuity test to determine an individual's ability to seeat various distances;
(2) a refractive error test to determine the focusing power of theeye;
(3) an ocular health test to determine any external or internalabnormalities of the eye; and
(4) a binocular coordination test to determine if the eyes areworking together properly.
(b) The governing body of each school corporation shall conduct:
(1) an annual vision test, using the modified clinical technique,of each student upon the student's enrollment in eitherkindergarten or grade 1; and
(2) an annual screening test of the visual acuity of each studentenrolled in or transferred to grade 3 and grade 8 and of all otherstudents suspected of having a visual defect.
(c) Records of all tests shall be made and continuously maintainedby the school corporation to provide information useful in protecting,promoting, and maintaining the health of students. The statedepartment of health and the state board shall adopt joint rulesconcerning vision testing equipment, qualifications of vision testingpersonnel, visual screening procedures, and criteria for failure andreferral in the screening tests based on accepted medical practice andstandards.
(d) The school corporation's governing body and the
superintendent shall receive the following information concerningthe tests conducted under this section:
(1) The number of students tested.
(2) The number of students who passed a test.
(3) The number of students who failed a test or were referredfor further testing.
(e) Each school corporation shall annually provide to thedepartment, for each school within the school corporation, thefollowing information concerning the tests conducted under thissection:
(1) Whether the tests were conducted at the school.
(2) If the tests were not conducted at the school, the reason fornot performing the tests.
(3) If the tests were conducted at the school, the number ofstudents tested.
(f) Not later than October 1, 2010, the department shall report theinformation received from school corporations under subsection (e)to the legislative council in electronic format under IC 5-14-6.
As added by P.L.1-2005, SEC.18. Amended by P.L.161-2009, SEC.3.
IC 20-34-3-13
School corporation waiver of vision tests; records of waiverrequests
Sec. 13. (a) If a school corporation is unable to comply withsection 12(b)(1) of this chapter, the governing body may, beforeNovember 1 of a school year, request from the state superintendenta waiver of the requirements of section 12(b)(1) of this chapter.
(b) The waiver request under subsection (a) must:
(1) be in writing;
(2) include the reason or reasons that necessitated the waiverrequest; and
(3) indicate the extent to which the governing body attemptedto comply with the requirements under section 12(b)(1) of thischapter.
(c) The state superintendent shall take action on the waiverrequest not later than thirty (30) days after receiving the waiverrequest.
(d) The state superintendent may:
(1) approve the waiver request;
(2) deny the waiver request; or
(3) provide whatever relief that may be available to enable theschool corporation to comply with the requirements undersection 12(b)(1)of this chapter.
(e) If the state superintendent approves the waiver request, thegoverning body shall conduct an annual screening test of the visualacuity of each student upon the student's enrollment in or transfer tograde 1.
(f) The governing body of each school corporation shall make andmaintain records of all waivers requested by the governing bodyunder this section. (g) The state superintendent shall make and continuously maintainrecords of all actions taken by the state superintendent concerning allwaivers requested under this section.
As added by P.L.1-2005, SEC.18. Amended by P.L.161-2009, SEC.4.
IC 20-34-3-14
Hearing tests
Sec. 14. (a) The governing body of each school corporation shallannually conduct an audiometer test or a similar test to determine thehearing efficiency of the following students:
(1) Students in grade 1, grade 4, grade 7, and grade 10.
(2) A student who has transferred into the school corporation.
(3) A student who is suspected of having hearing defects.
(b) A governing body may appoint the technicians and assistantsnecessary to perform the testing required under this section.
(c) Records of all tests shall be made and continuously maintainedby the school corporation to provide information that may assist indiagnosing and treating any student's auditory abnormality. However,diagnosis and treatment shall be performed only on recommendationof an Indiana physician who has examined the student.
(d) The governing body may adopt rules for the administration ofthis section.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-15
Remedial measures for hearing impaired students
Sec. 15. (a) Whenever the test required under section 14 of thischapter discloses that the hearing of a student is impaired and thestudent cannot be taught advantageously in regular classes, thegoverning body of the school corporation shall provide appropriateremedial measures and correctional devices. The governing bodyshall advise the student's parent of the proper medical care, attention,and treatment needed. The governing body shall provide approvedmechanical auditory devices and prescribe courses in lip reading byqualified, competent, and approved instructors. The statesuperintendent and the director of the rehabilitation services bureauof the division of disability and rehabilitative services shall:
(1) cooperate with school corporations to provide assistanceunder this section; and
(2) provide advice and information to assist school corporationsin complying with this section.
The governing body may adopt rules for the administration of thissection.
(b) Each school corporation may receive and accept bequests anddonations for immediate use or as trusts or endowments to assist inmeeting costs and expenses incurred in complying with this section.When funds for the full payment of the expenses are not otherwiseavailable in a school corporation, an unexpended balance in the statetreasury that is available for the use of local schools and is otherwiseunappropriated may be loaned to the school corporation for that
purpose by the governor. A loan made by the governor under thissection shall be repaid to the fund in the state treasury from whichthe loan came not more than two (2) years after the date it wasadvanced. Loans under this section shall be repaid through thelevying of taxes in the borrowing school corporation.
As added by P.L.1-2005, SEC.18. Amended by P.L.141-2006,SEC.95.
IC 20-34-3-16
Repealed
(Repealed by P.L.4-2007, SEC.1.)
IC 20-34-3-17
AIDS information; contents; consent to distribute
Sec. 17. (a) The state board shall provide information stressing themoral aspects of abstinence from sexual activity in any literature thatit distributes to students and young adults concerning availablemethods for the prevention of acquired immune deficiency syndrome(AIDS). The literature must state that the best way to avoid AIDS isfor young people to refrain from sexual activity until they are readyas adults to establish, in the context of marriage, a mutually faithfulmonogamous relationship.
(b) The state board may not distribute AIDS literature describedin subsection (a) to students without the consent of the governingbody of the school corporation the students attend.
As added by P.L.1-2005, SEC.18.
IC 20-34-3-18
Release of medication
Sec. 18. (a) This section does not apply to medication possessedby a student for self-administration under IC 20-33-8-13.
(b) Medication that is possessed by a school for administrationduring school hours or at school functions for a student may bereleased to:
(1) the student's parent; or
(2) an individual who is:
(A) at least eighteen (18) years of age; and
(B) designated in writing by the student's parent to receivethe medication.
(c) A school corporation may send home medication that ispossessed by a school for administration during school hours or atschool functions with a student if the student's parent provideswritten permission for the student to receive the medication.
As added by P.L.1-2005, SEC.18. Amended by P.L.76-2005, SEC.4.
IC 20-34-3-19
Eye protection devices
Sec. 19. (a) Each public school student and teacher shall wearindustrial quality eye protective devices at all times whileparticipating in any of the following courses: (1) Career and technical education involving experience with:
(A) hot molten metals;
(B) milling, sawing, turning, shaping, cutting, or stamping ofany solid material;
(C) heat treatment, tempering, or kiln firing of any metal ormaterial;
(D) gas or electric arc welding;
(E) repair or servicing of any vehicle; or
(F) caustic or explosive materials.
(2) Chemical or combined chemical-physical laboratoriesinvolving caustic or explosive chemicals or hot liquids orsolids.
(b) Eye protective devices are of industrial quality if the devicesmeet the standards of the American standard safety code for head,eye, and respiratory protection, Z2.1-1959, promulgated by theAmerican Standards Association, Inc.
As added by P.L.1-2005, SEC.18. Amended by P.L.234-2007,SEC.120.
IC 20-34-3-20
Fire drills; tornado drills; manmade occurrence disaster drills
Sec. 20. (a) The governing body of a school corporation shallrequire each school in the governing body's jurisdiction to conductperiodic fire drills during the school year in compliance with rulesadopted under IC 4-22-2 by the state board.
(b) Each school and attendance center shall conduct at least:
(1) one (1) tornado preparedness drill; and
(2) one (1) manmade occurrence disaster drill;
during each semester.
(c) The governing body of a school corporation shall require eachprincipal to file a certified statement that all drills have beenconducted as required under this section.
As added by P.L.1-2005, SEC.18. Amended by P.L.132-2007, SEC.8.