Indiana § 20-51.4-5-1 Intent

Indiana Statutes

§ 20-51.4-5-1 — Intent

Indiana § 20-51.4-5-1

Title 20EDUCATION

Art. 51.4INDIANA EDUCATION SCHOLARSHIP

Ch. 5ESA Participating Entities

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Bluebook

Ind. Code § 20-51.4-5-1 (2026).

Text

Note: This version of section effective until 7-1-2026. See also following version of this section, effective 7-1-2026. Sec. 1. It is the intent of the general assembly to honor the autonomy of nonpublic schools that choose and are authorized to become ESA participating entities under this article. A nonpublic eligible school is not an agent of the state or federal government, and therefore:

(1)the treasurer of state, state board, department, or any other state agency may not in any way regulate the educational program of a nonpublic school that accepts money from an ESA account under this article, including the regulation of curriculum content, religious instruction or activities, classroom teaching, teacher and staff hiring requirements, and other activities carried out by the nonpublic

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Note: This version of section effective until 7-1-2026. See also
following version of this section, effective 7-1-2026.
Sec. 1. It is the intent of the general assembly to
honor the autonomy of nonpublic schools that choose and are
authorized to become ESA participating entities under this article. A
nonpublic eligible school is not an agent of the state or federal
government, and therefore:
(1) the treasurer of state, state board, department, or any other
state agency may not in any way regulate the educational program
of a nonpublic school that accepts money from an ESA account
under this article, including the regulation of curriculum content,
religious instruction or activities, classroom teaching, teacher and
staff hiring requirements, and other activities carried out by the
nonpublic school;
(2) the creation of the ESA program does not expand the
regulatory authority of the state or the state's officers to impose
additional regulation of nonpublic schools beyond those necessary
to enforce the requirements of the ESA program; and
(3) an accredited nonpublic school that is an ESA participating
entity may provide for the educational needs of students without
governmental control.