IC 20-34-3-1 Rules
Sec. 1. (a) When the power to make rules for the administration
of a section of this chapter or IC 20-34-4 is not specifically granted
to a particular board or agency, the state department of health and the
state board shall jointly adopt rules.
(b) A rule adopted under this chapter or IC 20-34-4 must comply
with IC 4-22-2. However, the state department of health may
prescribe forms for any reports required under this chapter or
IC 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 be
required to undergo any testing, examination, immunization, or
treatment required under this chapter or IC 20-34-4 when the child's
parent objects on religious grounds. A religious objection does not
exempt a child from any testing, examination, immunization, or
treatment required under this chapter or IC 20-34-4 unless the
objection is:
(1) made in writing;
(2) signed by the child's parent; and
(3) delivered to the child's teacher or to the individual who
might order a test, an exam, an immunization, or a treatment
absent 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 the
teacher objects on religious grounds. A religious objection does not
exempt an objecting individual from any testing, examination, or
treatment required under this chapter or IC 20-34-4 unless the
objection is:
(1) made in writing;
(2) signed by the objecting individual; and
(3) delivered to the principal of the school in which the
objecting 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 immunization
required by this chapter or IC 20-34-4 is or may be detrimental to a
student's health, the requirements of this chapter or IC 20-34-4 for
that particular immunization is inapplicable for the student until the
immunization 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 provide
for the inspection of students by a school physician to determine
whether any child suffers from disease, disability, decayed teeth, or
other defects that may reduce the student's efficiency or prevent the
student 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 of
examination from an Indiana physician at the beginning of a school
year, the student is exempt from any examination the governing body
requires under section 4 of this chapter. The certificate of
examination must state that the physician has examined the student
and reported the results of the examination to the parent. The
governing body may require a parent to periodically furnish
additional 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 may
appoint one (1) or more school physicians and one (1) or more nurses
who are registered to practice nursing in Indiana.
(b) A nurse appointed under this section is responsible for
emergency nursing care of students when an illness or accident
occurs 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 jointly
employ one (1) physician, one (1) health coordinator, and one (1) or
more nurses. School corporations may also employ the personnel
jointly with a civil city or town.
(b) Arrangements under this section must be on terms agreeable
to 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 student
who is referred to the physician. The physician shall examine
teachers and janitors and inspect school buildings to the extent
required, in the physician's opinion, to protect the health of students
and 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 is
infested with parasites, the school principal may send the student
home with a note to the student's parent. The note must describe the
nature of the illness or infestation and, if appropriate, recommend
that the family physician be consulted.
(b) If the parent of a student who is sent home under this section
is financially unable to provide the necessary medical care, the
medical care shall be provided by a public health facility. If a public
health facility is not available, the township trustee or an appropriate
governmental agency shall provide the necessary care.
(c) A student who is sent home under this section may be
readmitted to the school:
(1) when it is apparent to school officials that the student is no
longer ill, no longer has a communicable disease, or is no
longer infested with parasites;
(2) upon certification of a physician that the student is no longer
ill, no longer has a communicable disease, or is no longer
infested with parasites;
(3) upon certification of a physician that the student has a
communicable disease, but the disease is not transmissible
through normal school contacts; or
(4) upon certification of a Christian Science practitioner, who
is listed in The Christian Science Journal, that based on the
practitioner's observation the student apparently is no longer ill,
no longer has a communicable disease, or is no longer infested
with parasites.
If school personnel disagree with the certifying physician or
Christian Science practitioner as to whether the student should be
readmitted to school, the local health officer shall determine whether
the student may be readmitted to school.
(d) An individual who objects to the determination made by the
local health officer under this section may appeal to the
commissioner of the state department of health, who is the ultimate
authority. 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 each
student when the examining physician or school nurse determines
that the test is necessary. The physician shall state on the
examination form whether the test was given and, if it was, the result.
All positive results shall be filed with the examining physician and
the state department of health.
(b) The state department of health and the state board shall adopt
joint rules concerning sickle cell anemia testing equipment,
qualifications for sickle cell anemia testing personnel, and sickle cell
anemia testing procedures.
(c) Records of all tests administered under this section shall be
made and continuously maintained by the state department of health
to provide information useful in protecting, promoting, and
maintaining 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 may
require students to be tested for lead poisoning.
(b) If a student's parent states in writing that the parent is
financially unable to pay for a test under this section, the student
shall be referred to the free clinic or public health facility in the area
that provides services for indigents.
(c) The state department of health and the state board shall adopt
joint rules concerning lead poisoning testing under this section.
(d) Records of all tests administered under this section shall be
made and continuously maintained by the state department of health
to provide information useful in protecting, promoting, and
maintaining 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 clinical
technique" means a battery of vision tests that includes:
(1) a visual acuity test to determine an individual's ability to see
at various distances;
(2) a refractive error test to determine the focusing power of the
eye;
(3) an ocular health test to determine any external or internal
abnormalities of the eye; and
(4) a binocular coordination test to determine if the eyes are
working 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 either
kindergarten or grade 1; and
(2) an annual screening test of the visual acuity of each student
enrolled in or transferred to grade 3 and grade 8 and of all other
students suspected of having a visual defect.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information useful in protecting,
promoting, and maintaining the health of students. The state
department of health and the state board shall adopt joint rules
concerning vision testing equipment, qualifications of vision testing
personnel, visual screening procedures, and criteria for failure and
referral in the screening tests based on accepted medical practice and
standards.
(d) The school corporation's governing body and the
superintendent shall receive the following information concerning
the 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 referred
for further testing.
(e) Each school corporation shall annually provide to the
department, for each school within the school corporation, the
following information concerning the tests conducted under this
section:
(1) Whether the tests were conducted at the school.
(2) If the tests were not conducted at the school, the reason for
not performing the tests.
(3) If the tests were conducted at the school, the number of
students tested.
(f) Not later than October 1, 2010, the department shall report the
information 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 waiver
requests
Sec. 13. (a) If a school corporation is unable to comply with
section 12(b)(1) of this chapter, the governing body may, before
November 1 of a school year, request from the state superintendent
a 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 waiver
request; and
(3) indicate the extent to which the governing body attempted
to comply with the requirements under section 12(b)(1) of this
chapter.
(c) The state superintendent shall take action on the waiver
request not later than thirty (30) days after receiving the waiver
request.
(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 the
school corporation to comply with the requirements under
section 12(b)(1)of this chapter.
(e) If the state superintendent approves the waiver request, the
governing body shall conduct an annual screening test of the visual
acuity of each student upon the student's enrollment in or transfer to
grade 1.
(f) The governing body of each school corporation shall make and
maintain records of all waivers requested by the governing body
under this section.
(g) The state superintendent shall make and continuously maintain
records of all actions taken by the state superintendent concerning all
waivers 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 shall
annually conduct an audiometer test or a similar test to determine the
hearing 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 assistants
necessary to perform the testing required under this section.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information that may assist in
diagnosing and treating any student's auditory abnormality. However,
diagnosis and treatment shall be performed only on recommendation
of an Indiana physician who has examined the student.
(d) The governing body may adopt rules for the administration of
this 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 this
chapter discloses that the hearing of a student is impaired and the
student cannot be taught advantageously in regular classes, the
governing body of the school corporation shall provide appropriate
remedial measures and correctional devices. The governing body
shall advise the student's parent of the proper medical care, attention,
and treatment needed. The governing body shall provide approved
mechanical auditory devices and prescribe courses in lip reading by
qualified, competent, and approved instructors. The state
superintendent and the director of the rehabilitation services bureau
of the division of disability and rehabilitative services shall:
(1) cooperate with school corporations to provide assistance
under this section; and
(2) provide advice and information to assist school corporations
in complying with this section.
The governing body may adopt rules for the administration of this
section.
(b) Each school corporation may receive and accept bequests and
donations for immediate use or as trusts or endowments to assist in
meeting costs and expenses incurred in complying with this section.
When funds for the full payment of the expenses are not otherwise
available in a school corporation, an unexpended balance in the state
treasury that is available for the use of local schools and is otherwise
unappropriated may be loaned to the school corporation for that
purpose by the governor. A loan made by the governor under this
section shall be repaid to the fund in the state treasury from which
the loan came not more than two (2) years after the date it was
advanced. Loans under this section shall be repaid through the
levying 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 the
moral aspects of abstinence from sexual activity in any literature that
it distributes to students and young adults concerning available
methods for the prevention of acquired immune deficiency syndrome
(AIDS). The literature must state that the best way to avoid AIDS is
for young people to refrain from sexual activity until they are ready
as adults to establish, in the context of marriage, a mutually faithful
monogamous relationship.
(b) The state board may not distribute AIDS literature described
in subsection (a) to students without the consent of the governing
body 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 possessed
by a student for self-administration under IC 20-33-8-13.
(b) Medication that is possessed by a school for administration
during school hours or at school functions for a student may be
released 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 receive
the medication.
(c) A school corporation may send home medication that is
possessed by a school for administration during school hours or at
school functions with a student if the student's parent provides
written 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 wear
industrial quality eye protective devices at all times while
participating 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 of
any solid material;
(C) heat treatment, tempering, or kiln firing of any metal or
material;
(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 laboratories
involving caustic or explosive chemicals or hot liquids or
solids.
(b) Eye protective devices are of industrial quality if the devices
meet the standards of the American standard safety code for head,
eye, and respiratory protection, Z2.1-1959, promulgated by the
American 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 shall
require each school in the governing body's jurisdiction to conduct
periodic fire drills during the school year in compliance with rules
adopted 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 each
principal to file a certified statement that all drills have been
conducted as required under this section. As added by P.L.1-2005, SEC.18. Amended by P.L.132-2007, SEC.8.
IC 20-34-3-1 Rules
Sec. 1. (a) When the power to make rules for the administration
of a section of this chapter or IC 20-34-4 is not specifically granted
to a particular board or agency, the state department of health and the
state board shall jointly adopt rules.
(b) A rule adopted under this chapter or IC 20-34-4 must comply
with IC 4-22-2. However, the state department of health may
prescribe forms for any reports required under this chapter or
IC 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 be
required to undergo any testing, examination, immunization, or
treatment required under this chapter or IC 20-34-4 when the child's
parent objects on religious grounds. A religious objection does not
exempt a child from any testing, examination, immunization, or
treatment required under this chapter or IC 20-34-4 unless the
objection is:
(1) made in writing;
(2) signed by the child's parent; and
(3) delivered to the child's teacher or to the individual who
might order a test, an exam, an immunization, or a treatment
absent 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 the
teacher objects on religious grounds. A religious objection does not
exempt an objecting individual from any testing, examination, or
treatment required under this chapter or IC 20-34-4 unless the
objection is:
(1) made in writing;
(2) signed by the objecting individual; and
(3) delivered to the principal of the school in which the
objecting 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 immunization
required by this chapter or IC 20-34-4 is or may be detrimental to a
student's health, the requirements of this chapter or IC 20-34-4 for
that particular immunization is inapplicable for the student until the
immunization 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 provide
for the inspection of students by a school physician to determine
whether any child suffers from disease, disability, decayed teeth, or
other defects that may reduce the student's efficiency or prevent the
student 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 of
examination from an Indiana physician at the beginning of a school
year, the student is exempt from any examination the governing body
requires under section 4 of this chapter. The certificate of
examination must state that the physician has examined the student
and reported the results of the examination to the parent. The
governing body may require a parent to periodically furnish
additional 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 may
appoint one (1) or more school physicians and one (1) or more nurses
who are registered to practice nursing in Indiana.
(b) A nurse appointed under this section is responsible for
emergency nursing care of students when an illness or accident
occurs 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 jointly
employ one (1) physician, one (1) health coordinator, and one (1) or
more nurses. School corporations may also employ the personnel
jointly with a civil city or town.
(b) Arrangements under this section must be on terms agreeable
to 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 student
who is referred to the physician. The physician shall examine
teachers and janitors and inspect school buildings to the extent
required, in the physician's opinion, to protect the health of students
and 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 is
infested with parasites, the school principal may send the student
home with a note to the student's parent. The note must describe the
nature of the illness or infestation and, if appropriate, recommend
that the family physician be consulted.
(b) If the parent of a student who is sent home under this section
is financially unable to provide the necessary medical care, the
medical care shall be provided by a public health facility. If a public
health facility is not available, the township trustee or an appropriate
governmental agency shall provide the necessary care.
(c) A student who is sent home under this section may be
readmitted to the school:
(1) when it is apparent to school officials that the student is no
longer ill, no longer has a communicable disease, or is no
longer infested with parasites;
(2) upon certification of a physician that the student is no longer
ill, no longer has a communicable disease, or is no longer
infested with parasites;
(3) upon certification of a physician that the student has a
communicable disease, but the disease is not transmissible
through normal school contacts; or
(4) upon certification of a Christian Science practitioner, who
is listed in The Christian Science Journal, that based on the
practitioner's observation the student apparently is no longer ill,
no longer has a communicable disease, or is no longer infested
with parasites.
If school personnel disagree with the certifying physician or
Christian Science practitioner as to whether the student should be
readmitted to school, the local health officer shall determine whether
the student may be readmitted to school.
(d) An individual who objects to the determination made by the
local health officer under this section may appeal to the
commissioner of the state department of health, who is the ultimate
authority. 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 each
student when the examining physician or school nurse determines
that the test is necessary. The physician shall state on the
examination form whether the test was given and, if it was, the result.
All positive results shall be filed with the examining physician and
the state department of health.
(b) The state department of health and the state board shall adopt
joint rules concerning sickle cell anemia testing equipment,
qualifications for sickle cell anemia testing personnel, and sickle cell
anemia testing procedures.
(c) Records of all tests administered under this section shall be
made and continuously maintained by the state department of health
to provide information useful in protecting, promoting, and
maintaining 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 may
require students to be tested for lead poisoning.
(b) If a student's parent states in writing that the parent is
financially unable to pay for a test under this section, the student
shall be referred to the free clinic or public health facility in the area
that provides services for indigents.
(c) The state department of health and the state board shall adopt
joint rules concerning lead poisoning testing under this section.
(d) Records of all tests administered under this section shall be
made and continuously maintained by the state department of health
to provide information useful in protecting, promoting, and
maintaining 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 clinical
technique" means a battery of vision tests that includes:
(1) a visual acuity test to determine an individual's ability to see
at various distances;
(2) a refractive error test to determine the focusing power of the
eye;
(3) an ocular health test to determine any external or internal
abnormalities of the eye; and
(4) a binocular coordination test to determine if the eyes are
working 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 either
kindergarten or grade 1; and
(2) an annual screening test of the visual acuity of each student
enrolled in or transferred to grade 3 and grade 8 and of all other
students suspected of having a visual defect.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information useful in protecting,
promoting, and maintaining the health of students. The state
department of health and the state board shall adopt joint rules
concerning vision testing equipment, qualifications of vision testing
personnel, visual screening procedures, and criteria for failure and
referral in the screening tests based on accepted medical practice and
standards.
(d) The school corporation's governing body and the
superintendent shall receive the following information concerning
the 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 referred
for further testing.
(e) Each school corporation shall annually provide to the
department, for each school within the school corporation, the
following information concerning the tests conducted under this
section:
(1) Whether the tests were conducted at the school.
(2) If the tests were not conducted at the school, the reason for
not performing the tests.
(3) If the tests were conducted at the school, the number of
students tested.
(f) Not later than October 1, 2010, the department shall report the
information 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 waiver
requests
Sec. 13. (a) If a school corporation is unable to comply with
section 12(b)(1) of this chapter, the governing body may, before
November 1 of a school year, request from the state superintendent
a 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 waiver
request; and
(3) indicate the extent to which the governing body attempted
to comply with the requirements under section 12(b)(1) of this
chapter.
(c) The state superintendent shall take action on the waiver
request not later than thirty (30) days after receiving the waiver
request.
(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 the
school corporation to comply with the requirements under
section 12(b)(1)of this chapter.
(e) If the state superintendent approves the waiver request, the
governing body shall conduct an annual screening test of the visual
acuity of each student upon the student's enrollment in or transfer to
grade 1.
(f) The governing body of each school corporation shall make and
maintain records of all waivers requested by the governing body
under this section.
(g) The state superintendent shall make and continuously maintain
records of all actions taken by the state superintendent concerning all
waivers 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 shall
annually conduct an audiometer test or a similar test to determine the
hearing 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 assistants
necessary to perform the testing required under this section.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information that may assist in
diagnosing and treating any student's auditory abnormality. However,
diagnosis and treatment shall be performed only on recommendation
of an Indiana physician who has examined the student.
(d) The governing body may adopt rules for the administration of
this 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 this
chapter discloses that the hearing of a student is impaired and the
student cannot be taught advantageously in regular classes, the
governing body of the school corporation shall provide appropriate
remedial measures and correctional devices. The governing body
shall advise the student's parent of the proper medical care, attention,
and treatment needed. The governing body shall provide approved
mechanical auditory devices and prescribe courses in lip reading by
qualified, competent, and approved instructors. The state
superintendent and the director of the rehabilitation services bureau
of the division of disability and rehabilitative services shall:
(1) cooperate with school corporations to provide assistance
under this section; and
(2) provide advice and information to assist school corporations
in complying with this section.
The governing body may adopt rules for the administration of this
section.
(b) Each school corporation may receive and accept bequests and
donations for immediate use or as trusts or endowments to assist in
meeting costs and expenses incurred in complying with this section.
When funds for the full payment of the expenses are not otherwise
available in a school corporation, an unexpended balance in the state
treasury that is available for the use of local schools and is otherwise
unappropriated may be loaned to the school corporation for that
purpose by the governor. A loan made by the governor under this
section shall be repaid to the fund in the state treasury from which
the loan came not more than two (2) years after the date it was
advanced. Loans under this section shall be repaid through the
levying 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 the
moral aspects of abstinence from sexual activity in any literature that
it distributes to students and young adults concerning available
methods for the prevention of acquired immune deficiency syndrome
(AIDS). The literature must state that the best way to avoid AIDS is
for young people to refrain from sexual activity until they are ready
as adults to establish, in the context of marriage, a mutually faithful
monogamous relationship.
(b) The state board may not distribute AIDS literature described
in subsection (a) to students without the consent of the governing
body 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 possessed
by a student for self-administration under IC 20-33-8-13.
(b) Medication that is possessed by a school for administration
during school hours or at school functions for a student may be
released 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 receive
the medication.
(c) A school corporation may send home medication that is
possessed by a school for administration during school hours or at
school functions with a student if the student's parent provides
written 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 wear
industrial quality eye protective devices at all times while
participating 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 of
any solid material;
(C) heat treatment, tempering, or kiln firing of any metal or
material;
(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 laboratories
involving caustic or explosive chemicals or hot liquids or
solids.
(b) Eye protective devices are of industrial quality if the devices
meet the standards of the American standard safety code for head,
eye, and respiratory protection, Z2.1-1959, promulgated by the
American 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 shall
require each school in the governing body's jurisdiction to conduct
periodic fire drills during the school year in compliance with rules
adopted 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 each
principal to file a certified statement that all drills have been
conducted as required under this section. As added by P.L.1-2005, SEC.18. Amended by P.L.132-2007, SEC.8.
IC 20-34-3-1 Rules
Sec. 1. (a) When the power to make rules for the administration
of a section of this chapter or IC 20-34-4 is not specifically granted
to a particular board or agency, the state department of health and the
state board shall jointly adopt rules.
(b) A rule adopted under this chapter or IC 20-34-4 must comply
with IC 4-22-2. However, the state department of health may
prescribe forms for any reports required under this chapter or
IC 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 be
required to undergo any testing, examination, immunization, or
treatment required under this chapter or IC 20-34-4 when the child's
parent objects on religious grounds. A religious objection does not
exempt a child from any testing, examination, immunization, or
treatment required under this chapter or IC 20-34-4 unless the
objection is:
(1) made in writing;
(2) signed by the child's parent; and
(3) delivered to the child's teacher or to the individual who
might order a test, an exam, an immunization, or a treatment
absent 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 the
teacher objects on religious grounds. A religious objection does not
exempt an objecting individual from any testing, examination, or
treatment required under this chapter or IC 20-34-4 unless the
objection is:
(1) made in writing;
(2) signed by the objecting individual; and
(3) delivered to the principal of the school in which the
objecting 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 immunization
required by this chapter or IC 20-34-4 is or may be detrimental to a
student's health, the requirements of this chapter or IC 20-34-4 for
that particular immunization is inapplicable for the student until the
immunization 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 provide
for the inspection of students by a school physician to determine
whether any child suffers from disease, disability, decayed teeth, or
other defects that may reduce the student's efficiency or prevent the
student 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 of
examination from an Indiana physician at the beginning of a school
year, the student is exempt from any examination the governing body
requires under section 4 of this chapter. The certificate of
examination must state that the physician has examined the student
and reported the results of the examination to the parent. The
governing body may require a parent to periodically furnish
additional 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 may
appoint one (1) or more school physicians and one (1) or more nurses
who are registered to practice nursing in Indiana.
(b) A nurse appointed under this section is responsible for
emergency nursing care of students when an illness or accident
occurs 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 jointly
employ one (1) physician, one (1) health coordinator, and one (1) or
more nurses. School corporations may also employ the personnel
jointly with a civil city or town.
(b) Arrangements under this section must be on terms agreeable
to 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 student
who is referred to the physician. The physician shall examine
teachers and janitors and inspect school buildings to the extent
required, in the physician's opinion, to protect the health of students
and 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 is
infested with parasites, the school principal may send the student
home with a note to the student's parent. The note must describe the
nature of the illness or infestation and, if appropriate, recommend
that the family physician be consulted.
(b) If the parent of a student who is sent home under this section
is financially unable to provide the necessary medical care, the
medical care shall be provided by a public health facility. If a public
health facility is not available, the township trustee or an appropriate
governmental agency shall provide the necessary care.
(c) A student who is sent home under this section may be
readmitted to the school:
(1) when it is apparent to school officials that the student is no
longer ill, no longer has a communicable disease, or is no
longer infested with parasites;
(2) upon certification of a physician that the student is no longer
ill, no longer has a communicable disease, or is no longer
infested with parasites;
(3) upon certification of a physician that the student has a
communicable disease, but the disease is not transmissible
through normal school contacts; or
(4) upon certification of a Christian Science practitioner, who
is listed in The Christian Science Journal, that based on the
practitioner's observation the student apparently is no longer ill,
no longer has a communicable disease, or is no longer infested
with parasites.
If school personnel disagree with the certifying physician or
Christian Science practitioner as to whether the student should be
readmitted to school, the local health officer shall determine whether
the student may be readmitted to school.
(d) An individual who objects to the determination made by the
local health officer under this section may appeal to the
commissioner of the state department of health, who is the ultimate
authority. 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 each
student when the examining physician or school nurse determines
that the test is necessary. The physician shall state on the
examination form whether the test was given and, if it was, the result.
All positive results shall be filed with the examining physician and
the state department of health.
(b) The state department of health and the state board shall adopt
joint rules concerning sickle cell anemia testing equipment,
qualifications for sickle cell anemia testing personnel, and sickle cell
anemia testing procedures.
(c) Records of all tests administered under this section shall be
made and continuously maintained by the state department of health
to provide information useful in protecting, promoting, and
maintaining 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 may
require students to be tested for lead poisoning.
(b) If a student's parent states in writing that the parent is
financially unable to pay for a test under this section, the student
shall be referred to the free clinic or public health facility in the area
that provides services for indigents.
(c) The state department of health and the state board shall adopt
joint rules concerning lead poisoning testing under this section.
(d) Records of all tests administered under this section shall be
made and continuously maintained by the state department of health
to provide information useful in protecting, promoting, and
maintaining 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 clinical
technique" means a battery of vision tests that includes:
(1) a visual acuity test to determine an individual's ability to see
at various distances;
(2) a refractive error test to determine the focusing power of the
eye;
(3) an ocular health test to determine any external or internal
abnormalities of the eye; and
(4) a binocular coordination test to determine if the eyes are
working 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 either
kindergarten or grade 1; and
(2) an annual screening test of the visual acuity of each student
enrolled in or transferred to grade 3 and grade 8 and of all other
students suspected of having a visual defect.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information useful in protecting,
promoting, and maintaining the health of students. The state
department of health and the state board shall adopt joint rules
concerning vision testing equipment, qualifications of vision testing
personnel, visual screening procedures, and criteria for failure and
referral in the screening tests based on accepted medical practice and
standards.
(d) The school corporation's governing body and the
superintendent shall receive the following information concerning
the 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 referred
for further testing.
(e) Each school corporation shall annually provide to the
department, for each school within the school corporation, the
following information concerning the tests conducted under this
section:
(1) Whether the tests were conducted at the school.
(2) If the tests were not conducted at the school, the reason for
not performing the tests.
(3) If the tests were conducted at the school, the number of
students tested.
(f) Not later than October 1, 2010, the department shall report the
information 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 waiver
requests
Sec. 13. (a) If a school corporation is unable to comply with
section 12(b)(1) of this chapter, the governing body may, before
November 1 of a school year, request from the state superintendent
a 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 waiver
request; and
(3) indicate the extent to which the governing body attempted
to comply with the requirements under section 12(b)(1) of this
chapter.
(c) The state superintendent shall take action on the waiver
request not later than thirty (30) days after receiving the waiver
request.
(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 the
school corporation to comply with the requirements under
section 12(b)(1)of this chapter.
(e) If the state superintendent approves the waiver request, the
governing body shall conduct an annual screening test of the visual
acuity of each student upon the student's enrollment in or transfer to
grade 1.
(f) The governing body of each school corporation shall make and
maintain records of all waivers requested by the governing body
under this section.
(g) The state superintendent shall make and continuously maintain
records of all actions taken by the state superintendent concerning all
waivers 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 shall
annually conduct an audiometer test or a similar test to determine the
hearing 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 assistants
necessary to perform the testing required under this section.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information that may assist in
diagnosing and treating any student's auditory abnormality. However,
diagnosis and treatment shall be performed only on recommendation
of an Indiana physician who has examined the student.
(d) The governing body may adopt rules for the administration of
this 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 this
chapter discloses that the hearing of a student is impaired and the
student cannot be taught advantageously in regular classes, the
governing body of the school corporation shall provide appropriate
remedial measures and correctional devices. The governing body
shall advise the student's parent of the proper medical care, attention,
and treatment needed. The governing body shall provide approved
mechanical auditory devices and prescribe courses in lip reading by
qualified, competent, and approved instructors. The state
superintendent and the director of the rehabilitation services bureau
of the division of disability and rehabilitative services shall:
(1) cooperate with school corporations to provide assistance
under this section; and
(2) provide advice and information to assist school corporations
in complying with this section.
The governing body may adopt rules for the administration of this
section.
(b) Each school corporation may receive and accept bequests and
donations for immediate use or as trusts or endowments to assist in
meeting costs and expenses incurred in complying with this section.
When funds for the full payment of the expenses are not otherwise
available in a school corporation, an unexpended balance in the state
treasury that is available for the use of local schools and is otherwise
unappropriated may be loaned to the school corporation for that
purpose by the governor. A loan made by the governor under this
section shall be repaid to the fund in the state treasury from which
the loan came not more than two (2) years after the date it was
advanced. Loans under this section shall be repaid through the
levying 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 the
moral aspects of abstinence from sexual activity in any literature that
it distributes to students and young adults concerning available
methods for the prevention of acquired immune deficiency syndrome
(AIDS). The literature must state that the best way to avoid AIDS is
for young people to refrain from sexual activity until they are ready
as adults to establish, in the context of marriage, a mutually faithful
monogamous relationship.
(b) The state board may not distribute AIDS literature described
in subsection (a) to students without the consent of the governing
body 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 possessed
by a student for self-administration under IC 20-33-8-13.
(b) Medication that is possessed by a school for administration
during school hours or at school functions for a student may be
released 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 receive
the medication.
(c) A school corporation may send home medication that is
possessed by a school for administration during school hours or at
school functions with a student if the student's parent provides
written 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 wear
industrial quality eye protective devices at all times while
participating 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 of
any solid material;
(C) heat treatment, tempering, or kiln firing of any metal or
material;
(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 laboratories
involving caustic or explosive chemicals or hot liquids or
solids.
(b) Eye protective devices are of industrial quality if the devices
meet the standards of the American standard safety code for head,
eye, and respiratory protection, Z2.1-1959, promulgated by the
American 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 shall
require each school in the governing body's jurisdiction to conduct
periodic fire drills during the school year in compliance with rules
adopted 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 each
principal to file a certified statement that all drills have been
conducted as required under this section. As added by P.L.1-2005, SEC.18. Amended by P.L.132-2007, SEC.8.
