Indiana Code

Ind. Code § 20-33-2-4 (2026)

Compulsory attendance

✓ current as of May 2026
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     Sec. 4. Subject to the specific exceptions under this chapter, a student shall attend either:

(1) a public school that the student is entitled to attend under IC 20-26-11; or

(2) another school taught in the English language.

A person who knowingly or intentionally violates this section commits a Class C infraction. However, the violation is a Class C misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-3-17(a).]

As added by P.L.1-2005, SEC.17. Amended by P.L.32-2019, SEC.18.

 

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2009–2023 · leading case: B.T.E. v. State of Indiana, 108 N.E.3d 322 (Ind. 2018).
B.T.E. v. State of Indiana, 108 N.E.3d 322 (Ind. 2018). · cites it 2× “I.C. § 20-33-2-4. Even so, the drawings are strongly corroborative of B.”
John Kluge v. Brownsburg Cmty. Sch. Co, 64 F.4th 861 (7th Cir. 2023). “At the relevant time, the cor- poration and school leadership included the Board President, Phil Utterback; the Superintendent, Dr. Jim Snapp; the Assis- tant Superintendent, Dr.”
Linda D. McIntire, & those similarly situated v. Franklin Twp. Cmty. Sch. Corp., 15 N.E.3d 131 (Ind. Ct. App. 2014). · cites it 2× “Mclntire’s minor children are subject to Indiana’s laws regarding compulsory school attendance pursuant to I.C. § 20-33-2-4. 33. Indiana’s public schools are not allowed to charge tuition, pursuant to Article 8, Section 1 of the Indiana Constitution.”
H.S. v. Huntington Cnty. Cmty. Sch. Corp., 616 F. Supp. 2d 863 (N.D. Ind. 2009). · cites it 4× “is legally obligated to attend Horace Mann by Indiana law, see Ind.Code §§ 20-33-2-4; 20-33-2-5; 20-26-11-2, plaintiff must go to her child’s school to attend school functions as a parent, and her child encounters ACHC’s trailer at school.”
C.S. v. State, 953 N.E.2d 1144 (Ind. Ct. App. 2011). · cites it 2× “…was presented to support C.S.’s adjudication as a delinquent child. Reversed. BAKER, J., and BROWN, J., concur. . See Ind.Code § 20-33-2-4.”
CS v. State, 953 N.E.2d 1144 (Ind. Ct. App. 2011). · cites it 4× “…to support C.S.'s adjudication as a delinquent child. Reversed. BAKER, J., and BROWN, J., concur. NOTES [1] See Ind.Code § 20-33-2-4.”
J.W. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019). · cites it 2× “[11] Indiana Code section 20-33-2-4 makes compulsory school attendance for children under age eighteen.”
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