SENATE BILL No. 332
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-2-1.5; IC 20-10.1.
Synopsis: Pledge of Allegiance, flags, and moment of silence.
Requires a United States flag to be displayed in each classroom of a
school corporation. Requires a school corporation to provide a daily
opportunity for students to voluntarily recite the Pledge of Allegiance.
Provides an exemption for students who choose (or whose parents
choose for them) not to participate in the Pledge. Requires a school
corporation to establish a daily moment of silence in each classroom.
Repeals a law allowing an optional brief period of silent prayer or
meditation. Requires the attorney general to defend a school
corporation in a civil suit based on an act authorized under these
Effective: July 1, 2005.
Young R Michael
January 11, 2005, read first time and referred to Committee on Education and Career
First Regular Session 114th General Assembly (2005)
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 332
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-6-2-1.5; (05)IN0332.1.1. -->
SECTION 1. IC 4-6-2-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. (a) Whenever any
state governmental official or employee, whether elected or appointed,
is made a party to a suit, and the attorney general determines that said
suit has arisen out of an act which such official or employee in good
faith believed to be within the scope of
his the official's or employee's
duties as prescribed by statute or duly adopted regulation, the attorney
general shall defend such person throughout such action.
(b) Whenever a teacher (as defined in IC 20-6.1-1-8) is made a party
to a civil suit, and the attorney general determines that the suit has
arisen out of an act that the teacher in good faith believed was within
the scope of the teacher's duties in enforcing discipline policies
IC 20-8.1-5-2(e), IC 20-8.1-5.1-7,
general shall defend the teacher throughout the action.
(c) Whenever a school corporation (as defined in IC 20-5-1-3) is
made a party to a civil suit and the attorney general determines
that the suit has arisen out of an act authorized under
IC 20-10.1-4-0.5 or IC 20-10.1-4-3.5, the attorney general shall
defend the school corporation throughout the action.
c) (d) A determination by the attorney general under subsection (a),
or (b), or (c) shall not be admitted as evidence in the trial of any such
civil action for damages.
(d) (e) Nothing in this chapter shall be construed to deprive any
such person of his the person's right to select counsel of his the
person's own choice at his the person's own expense.
SOURCE: IC 20-10.1-4-0.5; (05)IN0332.1.2. -->
SECTION 2. IC 20-10.1-4-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 0.5. (a) The United States flag
shall be displayed in each classroom of every school in a school
(b) The governing body of each school corporation shall provide
a daily opportunity for students of the school corporation to
voluntarily recite the Pledge of Allegiance on school grounds. A
student is exempt from participation in the Pledge of Allegiance
and may not be required to participate in the Pledge of Allegiance
(1) the student chooses to not participate; or
(2) the student's parent chooses to have the student not
SOURCE: IC 20-10.1-4-3.5; (05)IN0332.1.3. -->
SECTION 3. IC 20-10.1-4-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3.5. (a) In order that:
(1) the right of each student to the free exercise of religion is
guaranteed within the schools; and
(2) the freedom of each student is subject to the least possible
coercion from the state either to engage in or to refrain from
religious observation on school grounds;
the governing body of each school corporation shall establish the
daily observance of a moment of silence in each classroom of the
(b) During the moment of silence required by subsection (a), the
teacher responsible for a classroom shall ensure that all students
remain seated or standing and silent and make no distracting
display so that each student may, in the exercise of the student's
individual choice, meditate, pray, or engage in any other silent
activity that does not interfere with, distract, or impede another
student in the exercise of the student's individual choice.
SOURCE: IC 20-10.1-7-8; (05)IN0332.1.4. -->
SECTION 4. IC 20-10.1-7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8.
Observance - Authorized. A voluntary religious observance is
permitted in each school corporation if the school corporation follows
sections 9 and 10 and 11 of this chapter and any additional procedures
which it adopts to assure that the observance is voluntary.
SOURCE: IC 20-10.1-7-11; (05)IN0332.1.5. -->
SECTION 5. IC 20-10.1-7-11 IS REPEALED [EFFECTIVE JULY