Starting and running a small school in Indiana

An internal-escalation policy for abuse reports is itself unlawful in Indiana

Section 31-33-5-5(b) expressly forbids a “public or nonpublic school, school corporation, facility, or agency” from establishing any policy that restricts or delays the duty to report. Section 31-33-5-2(a) removes discretion unless a report has already been made and documented by the person in charge; notifying that person is a follow-up step under (d), never a substitute. Knowing failure is a Class B misdemeanour. The 24- and 48-hour figures that circulate belong to DCS's own duties, not yours — your deadline is immediate.

Ind. Code § 31-33-5-1, § 31-33-5-2, § 31-33-5-5(b); penalty § 31-33-22-1· read 20 July 2026

Proof of birth date at enrolment is mandatory for public schools and merely permissive for private ones

Section 20-33-2-10 carries the asymmetry in a single section: requiring proof of birth date and prior school at initial enrollment is mandatory for public schools but only permissive for private schools. The records-transfer duty is not asymmetric — send a student's records promptly when another school requests them.

Ind. Code § 20-33-2-10(a), (d)· read 20 July 2026

Report a withdrawal only if nobody asks for the records within 15 school days

Section 20-33-2-21(b) makes the report conditional: if no school requests the student's records within 15 school days of withdrawal, report the student's name, address, and withdrawal date to the Secretary of Education or the local superintendent. Section 20-33-2-21(a) separately requires reporting the number of students by grade level — on request only, not as a routine annual enrolment filing.

Ind. Code § 20-33-2-21(a), (b)· read 20 July 2026

A nonpublic school's attendance record exists “solely to verify” enrolment on request

Subsection (a) requires an accurate daily record of the attendance of each student subject to compulsory attendance, kept by every public and nonpublic school. Subsection (b) — records “open at all times for inspection” by attendance officers, labor department agents and school police — is public-school only. Subsection (c) limits the nonpublic duty: in a nonpublic school the record is required to be kept solely to verify enrolment and attendance on request of the Secretary of Education or the local school corporation superintendent. No specific form is required.

Ind. Code § 20-33-2-20(a), (b), (c)· read 28 July 2026

An unsigned high-school withdrawal form makes the student a dropout at the BMV

Withdrawing a high-school student to a nonaccredited nonpublic school takes a specific form, completed by a parent signature alone. It is not a homeschool registration form. If it is unsigned, the student is treated as a dropout and the principal must report to the Bureau of Motor Vehicles for licence revocation. No such form is required for elementary or middle school.

Ind. Code § 20-33-2-28.6; Indiana DOE, “Homeschool Frequently Asked Questions” (linked from the Department's Homeschool Information page)· read 20 July 2026

Indiana is the strictest missing-child state here: you may not release the records at all

Section 31-36-1-5 binds “a school” without qualification, so it reaches nonpublic and nonaccredited schools. Once a notice is attached you may not issue a copy of the records without authorisation from the state clearinghouse, and you may not tell the requester a notice exists. Record the requester's name, address, phone and stated reason, then notify the clearinghouse immediately. The notice stays attached until the school is told under § 31-36-2-6 that the child has been found.

Where this is unsettled: The trigger fires only for children under 13 (§ 31-36-1-4) — but the separate duty in § 20-33-2-10(e) binds any Indiana school receiving a records request whenever a notice is attached, at any age. The age limit is not an exemption.

Ind. Code § 31-36-1-5; trigger § 31-36-1-4; also § 20-33-2-10(e)· read 20 July 2026

Choice Scholarship schools get visited at random, and certify under penalty of perjury

The state visits at least 5% of eligible schools at random each year. By signed assurance, participating schools must hold recognized accreditation, administer the statewide assessments, report a Choice student's withdrawal, expulsion, or 20 consecutive absences within 5 business days, cooperate with audits, allow parental record access, run staff evaluations, and conduct expanded criminal history and child protection index checks. Schools serving Choice students with disabilities need a written special education plan.

Where this is unsettled: The assurances verified here are from a 2021–2022 application packet. Indiana moved the school application online in 2026, and current-year assurances may differ — confirm against this year's packet before relying on the list.

Ind. Code § 20-51-4-3(d)–(f); Indiana DOE Choice Scholarship school application assurances· read 20 July 2026