Skip to main content

Indiana Code Title 21. Higher Education § 21-27-1-3

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Sec. 3. The definitions in this chapter apply throughout this article.

(1)  The General Assembly finds the following:

(a) Judicial decisions concerning religion, free speech, and public education are widely misunderstood and misapplied;

(b) Confusion surrounding these decisions has caused some to be less accommodating of the religious liberty and free speech rights of students than permitted under the First Amendment to the United States Constitution;

(c) Confusion surrounding these decisions has resulted in needless conflicts and litigation;

(d) The Supreme Court of the United States has ruled that the establishment clause of the First Amendment to the United States Constitution requires that public schools neither advance or inhibit religion.  Public schools should be neutral in matters of faith and should treat religion with fairness and respect;

(e) Neutrality to religion does not require hostility to religion.  The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause prohibit appropriate teaching about religion;

(f) Accommodation of religion is required by the free speech and free exercise clauses of the First Amendment to the United States Constitution;  and

(g) Setting forth the religious liberty rights of students in a statute would assist students and parents in the enforcement of the religious liberty rights of students and would provide impetus to efforts in public schools to accommodate religious belief in feasible cases.

(2)  The purpose of KRS 158.181 to 158.187 is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of students to the extent permissible under the establishment clause.

Cite this article: FindLaw.com - Indiana Code Title 21. Higher Education § 21-27-1-3 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-21-higher-education/in-code-sect-21-27-1-3/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard