SOURCE: IC 20-51-4-1; (12)IN0083.1.2. -->
SECTION 2. IC 20-51-4-1, AS ADDED BY P.L.92-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) Except as provided under subsections (b)
through (h), it is the intent of the general assembly to honor the
autonomy of nonpublic schools that choose to become eligible schools
under this chapter. A nonpublic eligible school is not an agent of the
state or federal government, and therefore:
(1) the department or any other state agency may not in any way
regulate the educational program of a nonpublic eligible school
that accepts a choice scholarship under this chapter, including the
regulation of curriculum content, religious instruction or
activities, classroom teaching, teacher and staff hiring
requirements, and other activities carried out by the eligible
(2) the creation of the choice scholarship program does not
expand the regulatory authority of the state, the state's officers, or
a school corporation to impose additional regulation of nonpublic
schools beyond those necessary to enforce the requirements of the
choice scholarship program in place on July 1, 2011; and
(3) a nonpublic eligible school shall be given the freedom to
provide for the educational needs of students without
(b) This section applies to the following writings, documents, and
(1) The Constitution of the United States.
(2) The national motto.
(3) The national anthem.
(4) The Pledge of Allegiance.
(5) The Constitution of the State of Indiana.
(6) The Declaration of Independence.
(7) The Mayflower Compact.
(8) The Federalist Papers.
(9) "Common Sense" by Thomas Paine.
(10) The writings, speeches, documents, and proclamations of the
founding fathers and presidents of the United States.
(11) United States Supreme Court decisions.
(12) Executive orders of the presidents of the United States.
(13) Frederick Douglas' Speech at Rochester, New York, on July
5, 1852, entitled "What to a Slave is the Fourth of July?".
(14) Appeal by David Walker.
(15) Chief Seattle's letter to the United States government in 1852
in response to the United States government's inquiry regarding
the purchase of tribal lands.
(c) An eligible school may allow a principal or teacher in the
eligible school to read or post in the school building or classroom or at
a school event any excerpt or part of a writing, document, or record
listed in subsection (b).
(d) An eligible school may not permit the content based censorship
of American history or heritage based on religious references in a
writing, document, or record listed in subsection (b).
(e) A library, a media center, or an equivalent facility that an
eligible school maintains for student use must contain in the facility's
permanent collection at least one (1) copy of each writing or document
listed in subsection (b)(1) through (b)(9).
(f) An eligible school shall do the following:
(1) Allow a student to include a reference to a writing, document,
or record listed in subsection (b) in a report or other work product.
(2) May not punish the student in any way, including a reduction
in grade, for using the reference.
(3) Display the United States flag in each classroom.
(4) Provide a daily opportunity for students to voluntarily recite
the Pledge of Allegiance in each classroom or 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
(A) the student chooses to not participate; or
(B) the student's parent chooses to have the student not
(5) Provide instruction on the constitutions of:
(A) Indiana; and
(B) the United States.
(6) For an eligible school that enrolls students in grades 6 through
12, provide within the two (2) weeks preceding a general election
five (5) full recitation periods of class discussion concerning:
(A) the system of government in Indiana and in the United
(B) methods of voting;
(C) party structures;
(D) election laws; and
(E) the responsibilities of citizen participation in government
and in elections.
(7) Require that each teacher employed by the eligible school
present instruction with special emphasis on:
(D) obedience to law;
(E) respect for the national flag and the Constitution of the
State of Indiana and the Constitution of the United States;
(F) respect for parents and the home;
(G) the dignity and necessity of honest labor; and
(H) other lessons of a steadying influence that tend to promote
and develop an upright and desirable citizenry.
(8) Provide good citizenship instruction that stresses the nature
and importance of the following:
(A) Being honest and truthful.
(B) Respecting authority.
(C) Respecting the property of others.
(D) Always doing the student's personal best.
(E) Not stealing.
(F) Possessing the skills (including methods of conflict
resolution) necessary to live peaceably in society and not
resorting to violence to settle disputes.
(G) Taking personal responsibility for obligations to family
(H) Taking personal responsibility for earning a livelihood.
(I) Treating others the way the student would want to be
(J) Respecting the national flag, the Constitution of the United
States, and the Constitution of the State of Indiana.
(K) Respecting the student's parents and home.
(L) Respecting the student's self.
(M) Respecting the rights of others to have their own views
and religious beliefs.
(9) Provide instruction in the following studies:
(A) Language arts, including:
(v) second languages; and
(vi) cursive writing.
(C) Social studies and citizenship, including the:
(ii) governmental systems; and
of Indiana and the United States, including a study of the
Holocaust and the role religious extremism played in the
events of September 11, 2001, in each high school United
States history course.
(E) Fine arts, including music and art.
(F) Health education, physical fitness, safety, and the effects
of alcohol, tobacco, drugs, and other substances on the human
(g) An eligible school, charter school, or public school shall not
teach the violent overthrow of the government of the United States.
(h) Nothing in this section shall be construed to limit the
requirements of IC 20-30-5.