IC 20-26-11
Chapter 11. Legal Settlement and Transfer of Students; Transfer
Tuition
IC 20-26-11-1 "Residence", "resides", and comparable terms
Sec. 1. As used in this chapter with respect to legal settlement,
transfers, and the payment of tuition, the words "residence",
"resides", or other comparable language means a permanent and
principal habitation that an individual uses for a home for a fixed or
indefinite period, at which the individual remains when not called
elsewhere for work, studies, recreation, or other temporary or special
purpose. These terms are not synonymous with legal domicile.
Except as provided in section 2(3) of this chapter, where a court
order grants an individual custody of a student, the residence of the
student is where that individual resides. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.1.
IC 20-26-11-2 Legal settlement
Sec. 2. The legal settlement of a student is governed by the
following provisions:
(1) If the student:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age but is not
emancipated;
the legal settlement of the student is in the attendance area of
the school corporation where the student's parents reside.
(2) If the student's mother and father, in a situation to which
subdivision (1) otherwise applies, are divorced or separated, the
legal settlement of the student is the school corporation whose
attendance area contains the residence of the parent with whom
the student is living, in the following situations:
(A) If a court order has not been made establishing the
custody of the student.
(B) Except as provided in subdivision (3), if both parents
have agreed on the parent or person with whom the student
will live.
(C) If the parent granted custody of the student has
abandoned the student.
In the event of a dispute between the parents of the student, or
between the parents and a student at least eighteen (18) years of
age, the legal settlement of the student shall be determined as
otherwise provided in this section.
(3) If, in a situation in which subdivision (1) otherwise applies,
the student's mother and father are divorced or separated, and
if a court order grants the student's:
(A) mother;
(B) father; or
(C) both mother and father;
custody of the student, the legal settlement of the student is the
school corporation whose attendance area contains the
residence of the mother or father, as elected under section 2.5(a)
of this chapter. If the custodial parent (or the student, if at least
eighteen (18) years of age) does not make an election under
section 2.5(a) of this chapter, the legal settlement of the student
is the school corporation whose attendance area contains the
residence of the parent granted physical custody by the court
order.
(4) If the legal settlement of a student, in a situation to which
subdivision (1) otherwise applies, cannot reasonably be
determined and the student is being supported by, cared for by,
and living with some other individual, the legal settlement of
the student is in the attendance area of that individual's
residence, except where the parents of the student are able to
support the student but have placed the student in the home of
another individual, or allowed the student to live with another
individual, primarily for the purpose of attending school in the
attendance area where the other individual resides. The school
may, if the facts are in dispute, condition acceptance of the
student's legal settlement on the appointment of that individual
as legal guardian or custodian of the student, and the date of
legal settlement will be fixed to coincide with the
commencement of the proceedings for the appointment of a
guardian or custodian. However, if a student does not reside
with the student's parents because the student's parents are
unable to support the child and the child is not residing with an
individual other than a parent primarily to attend a particular
school, the student's legal settlement is where the student
resides, and the establishment of a legal guardianship may not
be required by the school. In addition, a legal guardianship or
custodianship established solely to attend school in a particular
school corporation does not affect the determination of the legal
settlement of the student under this chapter.
(5) If a student, to whom subdivision (1) would otherwise
apply, is married and living with a spouse, the legal settlement
of that student is in the attendance area of the school
corporation where the student and the student's spouse reside.
(6) If the student's parents:
(A) are living outside the United States due to educational
pursuits or a job assignment;
(B) do not maintain a permanent home in any school
corporation in the United States; and
(C) have placed the student in the home of another
individual;
the legal settlement of the student is in the attendance area
where the other individual resides.
(7) If the student is emancipated, the legal settlement is the
attendance area of the school corporation of the student's
residence.
(8) If a student's legal settlement is changed after the student
has begun attending school in a school corporation in any
school year, the effective date of change may:
(A) at the election of:
(i) the parent;
(ii) the student, if the student is at least eighteen (18) years
of age; or
(iii) a juvenile court conducting a proceeding under
IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26, or
IC 31-37-20-6 (or IC 31-6-4-18.5 before its repeal);
be extended until the end of that semester; or
(B) at the discretion of the school, until the end of that
school year.
However, that election, where a student has completed grade 11
in any school year, shall extend to the end of the following
school year in grade 12.
(9) If a juvenile court has:
(A) made findings of fact concerning the legal settlement of
a student under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6 (or IC 31-6-4-18.5 before
its repeal); and
(B) jurisdiction over the student under IC 31-34 or IC 31-37;
the legal settlement of the student is the attendance area
specified as the legal settlement in the latest findings of fact
issued by the juvenile court. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.2.
IC 20-26-11-2.5 Election to have legal settlement
Sec. 2.5. (a) In the case of a student described in section 2(3) of
this chapter, the:
(1) parent granted physical custody by a court; or
(2) student, if the student is at least eighteen (18) years of age;
may, not later than fourteen (14) days before the first student day of
the school year, elect for the student to have legal settlement in the
school corporation whose attendance area contains the residence of
the student's mother or the school corporation whose attendance area
contains the residence of the student's father.
(b) An election under subsection (a) may be made only on a
yearly basis.
(c) The parent or student who makes an election under subsection
(a) is not required to pay transfer tuition. As added by P.L.13-2006, SEC.3. Amended by P.L.141-2006,
SEC.93.
IC 20-26-11-3 Forms concerning legal settlement
Sec. 3. The state superintendent shall prepare the form of
agreement to be used under section 2(2) of this chapter and a form to
be executed by any individual with whom the student is living under
section 2(2), 2(3), 2(4), or 2(6) of this chapter. The execution of the
form by the individual and its continuance in force is a condition to
the application of section 2(2), 2(3), 2(4), or 2(6) of this chapter. The
form must contain an agreement of the individual that the individual
shall, with respect to dealing with the school corporation and for all
other purposes under this article, assume all the duties and be subject
to all the liabilities of a parent of the student in the same manner as
if the individual were the student's parent. On the execution of that
form and for as long as it remains in force, the individual has these
duties and liabilities. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.4.
IC 20-26-11-4 Appeal from determination of legal settlement
Sec. 4. A student is emancipated when the student:
(1) furnishes the student's support from the student's own
resources;
(2) is not dependent in any material way on the student's parents
for support;
(3) files or is required by applicable law to file a separate tax
return; and
(4) maintains a residence separate from that of the student's
parents. As added by P.L.1-2005, SEC.10.
IC 20-26-11-5 Transfer at request of parent or student; approval; appeal
Sec. 5. (a) The parents of any student, regardless of the student's
age, or the student after the student has become eighteen (18) years
of age may request a transfer from a school corporation in which the
student has a legal settlement to a transferee school corporation in
Indiana or another state if the student may be better accommodated
in the public schools of the transferee corporation. Whether the
student can be better accommodated depends on such matters as:
(1) crowded conditions of the transferee or transferor
corporation; and
(2) curriculum offerings at the high school level that are
important to the vocational or academic aspirations of the
student.
(b) The request for transfer must be made in writing to the
transferor corporation, which shall immediately mail a copy to the
transferee corporation. The request for transfer must be made at the
times provided under rules adopted by the state board. The transfer
is effected if both the transferee and the transferor corporations
approve the transfer not more than thirty (30) days after that mailing.
If the transferor school corporation fails to act on the transfer request
within thirty (30) days after the request is received, the transfer is
considered approved. The transfer is denied when either school
corporation: mails a written denial by certified mail to the requesting
parents or student at their last known address.
(c) If a request for transfer is denied under subsection (b), an
appeal may be taken to the state board by the requesting parents or
student, if commenced not more than ten (10) days after the denial.
An appeal is commenced by mailing a notice of appeal by certified
mail to the superintendent of each school corporation and the state
board. The state superintendent shall develop forms for this purpose,
and the transferor corporation shall assist the parents or student in
the mechanics of commencing the appeal. An appeal hearing must
comply with section 15 of this chapter. As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.3.
IC 20-26-11-6 Transfer tuition
Sec. 6. (a) A school corporation may accept a transferring student
without approval of the transferor corporation under section 5 of this
chapter.
(b) A transfer may be accepted regardless of whether, as a
condition of the transfer, the transferee school requires the requesting
parents or student to pay transfer tuition in an amount determined
under the formula established in section 13 of this chapter for the
payment of transfer tuition by a transferor school corporation.
However, if the transferee school elects to charge transfer tuition, the
transferee school may not offset the amounts described in section
13(b) STEP TWO (B) through section 13(b) STEP TWO (D) of this
chapter from the amount charged to the requesting parents or student.
(c) When the transferee school elects to charge tuition to the
requesting parents or student, the tuition determined under
subsection (b) must be paid by the parents or the student before the
end of the school year in installments as determined by the transferee
corporation.
(d) Failure to pay a tuition installment that is agreed to by the
parents or student and the transferee school corporation is a ground
for exclusion from school.
(e) If the transferee school elects not to charge transfer tuition to
the parents or student under this section, the transferee school may
not charge transfer tuition or fees to the transferor school. As added by P.L.1-2005, SEC.10. Amended by P.L.30-2010, SEC.1.
IC 20-26-11-7 Transfers; students with disabilities
Sec. 7. (a) A school corporation may transfer a student with a
physical, emotional, or mental disability to a transferee corporation
that maintains special programs or facilities for children with the
disability of the transferred student.
(b) A transferee corporation may refuse the transfer under
subsection (a) by mailing a notice by certified mail to:
(1) the transferor corporation;
(2) the parents of the student; and
(3) the state board.
(c) If a transferee corporation refuses transfer under subsection
(b), the state board shall determine the question of granting a transfer
under the procedures set out in section 15 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-11-8 Payment of transfer tuition for students in public and private
institutions or in foster homes
Sec. 8. (a) A student who is placed in a state licensed private or
public health care facility or child care facility:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of
child services;
may attend school in the school corporation in which the facility is
located. If the school corporation in which the facility is located is
not the school corporation in which the student has legal settlement,
the school corporation in which the student has legal settlement shall
pay the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen
(14) consecutive calendar days or a total of twenty (20)
calendar days.
The school corporation in which the student has legal settlement
shall pay the transfer tuition of the student. The parent of the student
shall notify the school corporation in which the facility is located and
the school corporation of the student's legal settlement, if
identifiable, of the placement. Not later than thirty (30) days after
this notice, the school corporation of legal settlement shall either pay
the transfer tuition of the transferred student or appeal the payment
by notice to the department. The acceptance or notice of appeal by
the school corporation must be given by certified mail to the parent
or guardian of the student and any affected school corporation. In the
case of a student who is not identified as having a disability under
IC 20-35, the state board shall make a determination on transfer
tuition according to the procedures in section 15 of this chapter. In
the case of a student who has been identified as having a disability
under IC 20-35, the determination on transfer tuition shall be made
under this subsection and the procedures adopted by the state board
under IC 20-35-2-1(b)(5).
(c) A student who is placed in:
(1) an institution operated by the division of disability and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of
disability and rehabilitative services or the division of mental
health and addiction;
may attend school in the school corporation in which the institution
is located. The state shall pay the transfer tuition of the student,
unless another entity is required to pay the transfer tuition as a result
of a placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
(d) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of
child services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where
the student attends school unless that determination is made by a
court that has jurisdiction over the student. If a licensed child placing
agency is responsible for oversight of the foster family home in
which the student is placed or for providing services to the student,
the department of child services must consult with the licensed child
placing agency concerning the determination of, or the
recommendations made to the court concerning, where the student
attends school. Except as provided in subsection (e), transfer tuition
is not required for the student.
(e) If a student to whom subsection (d) applies is attending school
in a school corporation that is not the school corporation in which the
student has legal settlement, the school corporation in which the
student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring
institution licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the
child caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to
a licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under
IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located
at the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6.
(f) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c);
(2) to whom neither subsection (d) nor (e) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility,
home, or institution is located. The department shall conduct an
investigation and determine whether any other entity or person is
required to pay transfer tuition. If the department determines that no
other entity or person is required to pay transfer tuition, the state
shall pay the transfer tuition for the student out of the funds
appropriated for tuition support. As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.4;
P.L.231-2005, SEC.33; P.L.1-2006, SEC.331; P.L.141-2006,
SEC.94; P.L.145-2006, SEC.148; P.L.99-2007, SEC.168;
P.L.159-2007, SEC.1.
IC 20-26-11-9 Notice of legal settlement and placement
Sec. 9. (a) This section applies to each student:
(1) described in section 8(a) of this chapter;
(2) who is placed in a home or facility in Indiana that is outside
the school corporation where the student has legal settlement;
and
(3) for which the state is not obligated to pay transfer tuition.
(b) Not later than ten (10) days after the department of child
services or a probation department places or changes the placement
of a student, the department of child services or probation
department that placed the student shall notify the school corporation
where the student has legal settlement and the school corporation
where the student will attend school of the placement or change of
placement. Before June 30 of each year, the department of child
services or a probation department that places a student in a home or
facility shall notify the school corporation where a student has legal
settlement and the school corporation in which a student will attend
school if a student's placement will continue for the ensuing school
year. The notifications required under this subsection must be made
by:
(1) the department of child services, if the child is a child in
need of services; or
(2) if subdivision (1) does not apply, the court or other agency
making the placement. As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006,
SEC.149; P.L.146-2008, SEC.469; P.L.131-2009, SEC.3. IC 20-26-11-10 Tuition for children of certain state employees and foreign
exchange students
Sec. 10. (a) A student who is the child of a state employee who
resides on state owned property, resides on state owned property, or
is the child of a full-time employee of a state educational institution,
who resides on property owned or operated by the state educational
institution and used for educational, research, or public service
programs is considered a transferred student if:
(1) the student attends a public school in the school corporation
located nearest to the student's residence within the county in
which all or a part of either the state owned property, or the
property owned or operated by the state supported
postsecondary institution, is located; or
(2) the state owned property is the Soldiers' and Sailors'
Children's Home and the student attends a public school in the
county in which the home is located or in an adjacent county.
Transfer tuition for a student transferred under this subsection shall
be paid by the state. However, this subsection does not apply to
children of state employees residing in student housing on property
owned by any state educational institution.
(b) A foreign student visiting in Indiana under any student
exchange program approved by the state board is considered a
resident student with legal settlement in the school corporation where
the foreign exchange student resides. The student may attend a
school in the school corporation in which the family with whom the
student is living resides. A school corporation that receives a foreign
student may not be paid any transfer tuition. The school corporation
shall include the foreign student in computations to determine the
amount of state aid that it is entitled to receive. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.212.
IC 20-26-11-11 Tuition for suspended, expelled, or excluded emotionally disturbed
students
Sec. 11. (a) A school corporation may enter into an agreement
with:
(1) a nonprofit corporation that operates a federally approved
education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are
certified by the department;
(C) employs other professionally and state licensed staff as
appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a
public school in that school corporation and have been
found to have an emotional disturbance;
(ii) have been placed with the nonprofit corporation by
court order;
(iii) have been referred by a local health department;
(iv) have been placed in a state licensed private or public
health care or child care facility as described in section 8
of this chapter; or
(v) have been placed by or with the consent of the
department under IC 20-35-6-2;
in order to provide a student with an individualized education
program that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters
into an agreement as described in subsection (a), the school
corporation shall pay to the nonprofit corporation an amount agreed
upon that may not exceed the total of:
(1) the transfer tuition costs for the student that otherwise
would be payable to the transferee corporation; and
(2) a proportionate amount of any state or local distributions to
the transferee corporation that are computed in any part using
ADM or any other student count in which the student is
included, if the transferee corporation includes the student in
the transferee corporation's ADM for a school year.
(c) If a school corporation that is a transferor corporation enters
into an agreement as described in subsection (a), the school
corporation shall pay to the nonprofit corporation an amount agreed
upon, which may not exceed the total of:
(1) the transfer tuition costs that otherwise would be payable to
a transferee school corporation; and
(2) a proportionate amount of any state or local distributions to
the transferor corporation that are computed in any part using
ADM or any other student count in which the student is
included, if the transferor corporation includes the student in
the transferor corporation's ADM for a school year. As added by P.L.1-2005, SEC.10. Amended by P.L.246-2005,
SEC.131; P.L.99-2007, SEC.169; P.L.159-2007, SEC.2.
IC 20-26-11-12 Interstate transfers
Sec. 12. (a) If a student is transferred under section 5 of this
chapter from a school corporation in Indiana to a public school
corporation in another state, the transferor corporation shall pay the
transferee corporation the full tuition fee charged by the transferee
corporation. However, the amount of the full tuition fee may not
exceed the amount charged by the transferor corporation for the same
class of school, or if the school does not have the same classification,
the amount may not exceed the amount charged by the
geographically nearest school corporation in Indiana that has the
same classification.
(b) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided all educational programs and services by a public
school corporation in the state where the child is placed,
whether at the facility, the public school, or another location;
the department of child services shall pay to the public school
corporation in which the child is enrolled, the amount of transfer
tuition specified in subsection (c).
(c) The transfer tuition for which the department of child services
is obligated under subsection (b) is equal to the following:
(1) The amount under a written agreement among the
department of child services, the institution or other facility,
and the governing body of the public school corporation in the
other state that specifies the amount and method of computing
transfer tuition.
(2) The full tuition fee charged by the transferee corporation, if
subdivision (1) does not apply. However, the amount of the full
tuition fee must not exceed the amount charged by the
transferor corporation for the same class of school, or if the
school does not have the same classification, the amount must
not exceed the amount charged by the geographically nearest
school corporation in Indiana that has the same classification.
(d) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided:
(A) onsite educational programs and services either through
the facility's employees or by contract with another person
or organization that is not a public school corporation; or
(B) educational programs and services by a nonpublic
school;
the department of child services shall pay in an amount and in the
manner specified in a written agreement between the department of
child services and the institution or other facility.
(e) For purposes of IC 4-13-2, an agreement described in
subsection (c) or (d) shall not be treated as a contract. As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006,
SEC.150; P.L.146-2008, SEC.470.
IC 20-26-11-13 Determination of transfer tuition
Sec. 13. (a) As used in this section, the following terms have the
following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications
are denominated as kindergarten, elementary school, middle
school or junior high school, high school, and special schools
or classes, such as schools or classes for special education,
career and technical education, or career education.
(2) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where
the child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized education program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the state board.
(B) The total number of students enrolled in a class of
school in a transferee school corporation on a date
determined by the state board.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) student. The state board may
select a different date for counts under this subdivision.
However, the same date shall be used for all school
corporations making a count for the same class of school.
(b) Each transferee corporation is entitled to receive for each
school year on account of each transferred student, except a student
transferred under section 6 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter.
Transfer tuition equals the amount determined under STEP THREE
of the following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the
transfer student is enrolled.
STEP TWO: If the transferee school included the transfer
student in the transferee school's ADM for a school year,
allocate to the transfer student a proportionate share of the
following general fund revenues of the transferee school for,
except as provided in clause (C), the calendar year in which the
school year ends:
(A) State tuition support distributions.
(B) Property tax levies under IC 20-45-7 and IC 20-45-8.
(C) Excise tax revenue (as defined in IC 20-43-1-12)
received for deposit in the calendar year in which the school
year begins.
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from
the STEP ONE amount.
If a child is placed in an institution or facility in Indiana by or with
the approval of the department of child services, the institution or
facility shall charge the department of child services for the use of
the space within the institution or facility (commonly called capital
costs) that is used to provide educational services to the child based
upon a prorated per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state
board of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made from extracurricular account
receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment
during at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the student enrollment of each class
in the transferee corporation compared with the total student
enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the
class of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of student attendance, the transfer
tuition shall be calculated by the part of the school year for which the
transferred student is enrolled. A school year of student attendance
consists of the number of days school is in session for student
attendance. A student, regardless of the student's attendance, is
enrolled in a transferee school unless the student is no longer entitled
to be transferred because of a change of residence, the student has
been excluded or expelled from school for the balance of the school
year or for an indefinite period, or the student has been confirmed to
have withdrawn from school. The transferor and the transferee
corporation may enter into written agreements concerning the
amount of transfer tuition due in any school year. If an agreement
cannot be reached, the amount shall be determined by the state board,
and costs may be established, when in dispute, by the state board of
accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that
ends in the calendar year in which the revenues are received.
However, for state tuition support distributions or any other state
distribution computed using less than the total ADM of the transferee
school, the transferee school shall allocate the revenues to the
transfer student by dividing the revenues that the transferee school
is eligible to receive in a calendar year by the student count used to
compute the state distribution.
(h) Instead of the payments provided in subsection (b), the
transferor corporation or state owing transfer tuition may enter into
a long term contract with the transferee corporation governing the
transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years
with an option to renew;
(2) specify a maximum number of students to be transferred;
and
(3) fix a method for determining the amount of transfer tuition
and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) A school corporation may negotiate transfer tuition agreements
with a neighboring school corporation that can accommodate
additional students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition
or time of payment that is different from the method, amount,
or time of payment that is provided in this section or section 14
of this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.130;
P.L.1-2007, SEC.144; P.L.234-2007, SEC.105; P.L.146-2008,
SEC.471.
IC 20-26-11-14 Estimated transfer tuition payments; statements of amount;
method of payment
Sec. 14. (a) Not later than March 1, a school corporation shall
estimate the:
(1) transfer tuition payments that the school corporation is
required to pay for students transferring from the school
corporation; and
(2) transfer tuition payments that the school corporation is
entitled to receive on behalf of students transferring to the
school corporation.
A school corporation shall send a preliminary statement of the
amount of transfer tuition due to the state agency and to any school
corporation that owes transfer tuition to the school corporation.
(b) Not later than October 1 following the end of a school year, a
school corporation shall send a final statement of the amount of
transfer tuition due to the state agency and to any school corporation
that owes transfer tuition to the school corporation.
(c) A statement sent under subsection (a) or (b) must include the
following:
(1) A statement, to the extent known, of all transfer tuition costs
chargeable to the state or school corporation for the school year
ending in the current calendar year.
(2) A statement of any transfer tuition costs chargeable to the
state or school corporation and not previously billed for the
school year ending in the immediately preceding calendar year.
(3) A statement of any transfer tuition costs previously billed to
the state or school corporation and not yet paid.
(d) Transfer tuition for each school year shall be paid by the
transferor corporation or state, if the entity is obligated to pay the
tuition, in not more than four (4) installments. These installments
must be paid not later than October 30, January 10, April 10, and
July 10 following the school year in which the obligation is incurred,
unless another schedule is mutually agreed upon.
(e) Payment of operating costs shall be paid from and receipted to
the respective general funds of the transferor and transferee
corporations. Payment of capital costs shall be made by the transferor
corporation at its discretion from any fund or source and shall be
receipted by the transferee corporation at its discretion either to the
capital projects fund or to the debt service fund, or if the transferee
corporation has neither of these two (2) funds, to its general fund. As added by P.L.1-2005, SEC.10.
IC 20-26-11-15 Determination by state board
Sec. 15. (a) The state board shall hear the following:
(1) All appeals from an order expelling a child under
IC 20-33-8-17.
(2) All appeals provided in this chapter.
(3) All disputes on the following:
(A) Legal settlement.
(B) Right to transfer.
(C) Right to attend school in any school corporation.
(D) Amount of transfer tuition.
(E) Any other matter arising under this chapter.
The board shall hold a hearing on the timely written application of
any interested party.
(b) The state board shall make its determination under the
following procedure:
(1) A hearing shall be held on each matter presented.
(2) Each interested party, including where appropriate, the
parents, the student, the transferor corporation, the transferee
corporation, or the state, shall be given at least ten (10) days
notice of the hearing by certified mail or by personal delivery.
(3) The date of giving the notice is the date of mailing or
delivery.
(4) Any interested party may appear at the hearing in person or
by counsel, present evidence, cross-examine witnesses, and
present in writing or orally summary statements of position.
(5) A written or recorded transcript of the hearing shall be
made.
(6) The hearing may be held by the state board or by a hearing
examiner appointed by it who must be a state employee.
(7) The hearing, at the option of the state board or hearing
examiner, may be held at any place in Indiana.
(8) The hearing examiner shall make written findings of fact
and recommendations.
(9) The determination of the state board must be made on the
basis of the record, summaries, and findings, but it is required
to examine only those parts of the entire record as it considers
necessary.
(c) The hearing and proceedings are not governed by IC 4-21.5.
(d) The determination of the state board is final and binding on
the parties to the proceeding.
(e) A notice of the state board's determination shall be mailed to
each party by certified mail. An action to contest the validity of the
decision may not be instituted more than thirty (30) days after the
mailing of the notice. As added by P.L.1-2005, SEC.10.
IC 20-26-11-16 Rules of implementation and enforcement; award to prevailing
school corporation
Sec. 16. (a) The provisions to implement this chapter, including:
(1) the calculation of transfer tuition;
(2) the credits for state distribution; and
(3) the time in the year when requests for transfer must be filed;
shall be implemented by rules adopted by the state board.
(b) The state board shall adopt rules for the enforcement of the
payment of transfer tuition. The enforcement may include
withholding state support from the transferor corporation for the
benefit of the transferee corporation, charging interest, penalties for
late payment, and the costs of collection.
(c) If a school corporation prevails at the final adjudication of:
(1) an administrative proceeding under this chapter; or
(2) a lawsuit against a school corporation;
to compel payment of transfer tuition owed by the school corporation
under this chapter, the administrative body or the court shall award
to the prevailing party the transfer tuition owed, if any, plus
reasonable attorney's fees and interest as provided by law. As added by P.L.1-2005, SEC.10. IC 20-26-11-17 Tuition support reporting requirements
Sec. 17. (a) Each year before the date specified in the rules
adopted by the state board, a school corporation shall report the
information specified in subsection (b) for each student:
(1) for whom tuition support is paid by another school
corporation;
(2) for whom tuition support is paid by the state; and
(3) who is enrolled in the school corporation but has the
equivalent of a legal settlement in another state or country;
to the department.
(b) Each school corporation shall provide the following
information for each school year for each category of student
described in subsection (a):
(1) The amount of tuition support and other support received for
the students described in subsection (a).
(2) The operating expenses, as determined under section 13 of
this chapter, incurred for the students described in subsection
(a).
(3) Special equipment expenditures that are directly related to
educating students described in subsection (a).
(4) The number of transfer students described in subsection (a).
(5) Any other information required under the rules adopted by
the state board after consultation with the office of the secretary
of family and social services.
(c) The information required under this section shall be reported
in the format and on the forms specified by the state board.
(d) Not later than November 30 of each year the department shall
compile the information required from school corporations under this
section and submit the compiled information in the form specified by
the office of the secretary of family and social services to the office
of the secretary of family and social services.
(e) Not later than December 31 of each year, the office of the
secretary of family and social services shall submit a report to the
members of the budget committee and the executive director of the
legislative services agency that compiles and analyzes the
information required from school corporations under this section.
The report must identify the types of state and local funding changes
that are needed to provide adequate state and local money to educate
transfer students. A report submitted under this subsection to the
executive director of the legislative services agency must be in an
electronic format under IC 5-14-6. As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,
SEC.472.
IC 20-26-11-18 Joint liability of health care facility or child care institution for
transfer tuition
Sec. 18. (a) If a student:
(1) has legal settlement in the attendance area of a school
corporation in another state, when legal settlement is
determined without regard to the appointment of a guardian in
Indiana solely to facilitate the placement of the student in a
facility described in subdivision (2);
(2) is placed in a state licensed private or public health care
facility, private or public child care institution, or treatment
center in Indiana by:
(A) the parent of the student; or
(B) a governmental entity in another state; and
(3) is enrolled in a school corporation in Indiana;
the state licensed private or public health care facility, private or
public child care institution, or treatment center where the student is
placed, regardless of when the student is placed, is jointly liable with
the person placing the student for transfer tuition under this chapter.
(b) Notwithstanding subsection (a), a sole proprietorship, a
partnership, an association, a corporation, a limited liability
company, a fiduciary, an individual who is not the student's parent,
or another entity in Indiana that accepts the placement of a student
who:
(1) has legal settlement in the attendance area of a school
corporation in another state; and
(2) is enrolled in a school corporation in Indiana;
is the guarantor for the student's transfer tuition under this chapter
unless there is another guarantor. The state board shall hear all
appeals under this subsection in accordance with section 15 of this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-11-19 Court ordered transfers; application
Sec. 19. (a) This section through section 29 of this chapter
concern the transfer of students for education from one (1) school
corporation (transferor corporation) to another school corporation
(transferee corporation) in compliance with a court order as
described in this section. This chapter applies solely in a situation
where a court of the United States or of Indiana in a suit to which the
transferor or transferee corporation or corporations are parties has
found the following:
(1) A transferor corporation has violated the equal protection
clause of the Fourteenth Amendment to the Constitution of the
United States by practicing de jure racial segregation of the
students within its borders.
(2) A unitary school system within the meaning of the
Fourteenth Amendment cannot be implemented within the
boundaries of the transferor corporation.
(3) The Fourteenth Amendment compels the court to order a
transferor corporation to transfer its students for education to
one (1) or more transferee corporations to effect a plan of
desegregation in the transferor corporation that is acceptable
within the meaning of the Fourteenth Amendment.
(b) This chapter does not apply until all appeals from the order,
whether taken by the transferor corporation, any transferee
corporation or any party to the action, have been exhausted or the
time for taking the appeals has expired, except where all stays of a
transfer order pending appeal or further court action have been
denied. As added by P.L.1-2005, SEC.10.
IC 20-26-11-20 Court ordered transfers; definitions
Sec. 20. (a) As used in sections 19 through 29 of this chapter,
"class of school" refers to a classification of each school in the
transferee corporation by the grades taught therein (generally
denominated as elementary schools, middle schools or junior high
schools, high schools, and special schools such as schools for special
education, career and technical education, or career education).
Elementary schools include schools containing kindergarten, but for
purposes of this chapter, a kindergarten student shall be counted as
one-half (1/2) student.
(b) As used in sections 19 through 29 of this chapter, "transferee
corporation" means the school corporation receiving students under
a court order described in section 19 of this chapter.
(c) As used in sections 19 through 29 of this chapter, "transferor
corporation" means the school corporation transferring students
under a court order described in section 19 of this chapter.
(d) As used in sections 19 through 29 of this chapter, "transferred
student" means any student transferred under a court order described
in section 19 of this chapter. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.131;
P.L.234-2007, SEC.106.
IC 20-26-11-21 Court ordered transfers; governing body of transferee corporation
Sec. 21. (a) The governing body of a transferee corporation may
add two (2) members, one (1) of whom must be a resident of the
contributing geographic area within the transferor corporation from
which students are being bused, to the transferee corporation's
governing body for each transferor corporation that the transferee
corporation serves. These members are in addition to the number of
members of the governing body who are residents of the transferee
corporation.
(b) Each member who is a resident of a contributing transferor
corporation added to the governing body of a transferee corporation
by this section:
(1) shall be elected by a majority of all registered and eligible
voters who vote in each applicable school board election in the
school corporation;
(2) must have the same qualifications, other than residency or
property ownership, that are required for a member of the
governing body who is a resident of the transferee corporation;
and
(3) serves for the same number of years as members of the
governing body who are residents of the transferee corporation.
(c) The members of the governing body of the transferee
corporation shall appoint by majority vote the first additional
members of a governing body under this section. The members
appointed under this subsection serve until replacement members are
elected under subsections (d) and (e).
(d) The first elected members of a governing body from a
transferor corporation shall be elected at the first election after the
members are added under subsection (a):
(1) that occurs in the transferor corporation; and
(2) where one (1) or more members of the governing body of
the transferor corporation are elected.
The election shall be conducted in the manner required by law for the
conduct of elections of governing bodies of school corporations.
(e) This subsection applies to an additional member of a
governing body appointed under subsection (c) to whom subsection
(d) does not apply. The first additional elected member of a
governing body must be elected at the first election after the
members are added under subsection (a) where one (1) or more
members of the governing body of the transferee corporation are
elected. The election
IC 20-26-11
Chapter 11. Legal Settlement and Transfer of Students; Transfer
Tuition
IC 20-26-11-1 "Residence", "resides", and comparable terms
Sec. 1. As used in this chapter with respect to legal settlement,
transfers, and the payment of tuition, the words "residence",
"resides", or other comparable language means a permanent and
principal habitation that an individual uses for a home for a fixed or
indefinite period, at which the individual remains when not called
elsewhere for work, studies, recreation, or other temporary or special
purpose. These terms are not synonymous with legal domicile.
Except as provided in section 2(3) of this chapter, where a court
order grants an individual custody of a student, the residence of the
student is where that individual resides. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.1.
IC 20-26-11-2 Legal settlement
Sec. 2. The legal settlement of a student is governed by the
following provisions:
(1) If the student:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age but is not
emancipated;
the legal settlement of the student is in the attendance area of
the school corporation where the student's parents reside.
(2) If the student's mother and father, in a situation to which
subdivision (1) otherwise applies, are divorced or separated, the
legal settlement of the student is the school corporation whose
attendance area contains the residence of the parent with whom
the student is living, in the following situations:
(A) If a court order has not been made establishing the
custody of the student.
(B) Except as provided in subdivision (3), if both parents
have agreed on the parent or person with whom the student
will live.
(C) If the parent granted custody of the student has
abandoned the student.
In the event of a dispute between the parents of the student, or
between the parents and a student at least eighteen (18) years of
age, the legal settlement of the student shall be determined as
otherwise provided in this section.
(3) If, in a situation in which subdivision (1) otherwise applies,
the student's mother and father are divorced or separated, and
if a court order grants the student's:
(A) mother;
(B) father; or
(C) both mother and father;
custody of the student, the legal settlement of the student is the
school corporation whose attendance area contains the
residence of the mother or father, as elected under section 2.5(a)
of this chapter. If the custodial parent (or the student, if at least
eighteen (18) years of age) does not make an election under
section 2.5(a) of this chapter, the legal settlement of the student
is the school corporation whose attendance area contains the
residence of the parent granted physical custody by the court
order.
(4) If the legal settlement of a student, in a situation to which
subdivision (1) otherwise applies, cannot reasonably be
determined and the student is being supported by, cared for by,
and living with some other individual, the legal settlement of
the student is in the attendance area of that individual's
residence, except where the parents of the student are able to
support the student but have placed the student in the home of
another individual, or allowed the student to live with another
individual, primarily for the purpose of attending school in the
attendance area where the other individual resides. The school
may, if the facts are in dispute, condition acceptance of the
student's legal settlement on the appointment of that individual
as legal guardian or custodian of the student, and the date of
legal settlement will be fixed to coincide with the
commencement of the proceedings for the appointment of a
guardian or custodian. However, if a student does not reside
with the student's parents because the student's parents are
unable to support the child and the child is not residing with an
individual other than a parent primarily to attend a particular
school, the student's legal settlement is where the student
resides, and the establishment of a legal guardianship may not
be required by the school. In addition, a legal guardianship or
custodianship established solely to attend school in a particular
school corporation does not affect the determination of the legal
settlement of the student under this chapter.
(5) If a student, to whom subdivision (1) would otherwise
apply, is married and living with a spouse, the legal settlement
of that student is in the attendance area of the school
corporation where the student and the student's spouse reside.
(6) If the student's parents:
(A) are living outside the United States due to educational
pursuits or a job assignment;
(B) do not maintain a permanent home in any school
corporation in the United States; and
(C) have placed the student in the home of another
individual;
the legal settlement of the student is in the attendance area
where the other individual resides.
(7) If the student is emancipated, the legal settlement is the
attendance area of the school corporation of the student's
residence.
(8) If a student's legal settlement is changed after the student
has begun attending school in a school corporation in any
school year, the effective date of change may:
(A) at the election of:
(i) the parent;
(ii) the student, if the student is at least eighteen (18) years
of age; or
(iii) a juvenile court conducting a proceeding under
IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26, or
IC 31-37-20-6 (or IC 31-6-4-18.5 before its repeal);
be extended until the end of that semester; or
(B) at the discretion of the school, until the end of that
school year.
However, that election, where a student has completed grade 11
in any school year, shall extend to the end of the following
school year in grade 12.
(9) If a juvenile court has:
(A) made findings of fact concerning the legal settlement of
a student under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6 (or IC 31-6-4-18.5 before
its repeal); and
(B) jurisdiction over the student under IC 31-34 or IC 31-37;
the legal settlement of the student is the attendance area
specified as the legal settlement in the latest findings of fact
issued by the juvenile court. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.2.
IC 20-26-11-2.5 Election to have legal settlement
Sec. 2.5. (a) In the case of a student described in section 2(3) of
this chapter, the:
(1) parent granted physical custody by a court; or
(2) student, if the student is at least eighteen (18) years of age;
may, not later than fourteen (14) days before the first student day of
the school year, elect for the student to have legal settlement in the
school corporation whose attendance area contains the residence of
the student's mother or the school corporation whose attendance area
contains the residence of the student's father.
(b) An election under subsection (a) may be made only on a
yearly basis.
(c) The parent or student who makes an election under subsection
(a) is not required to pay transfer tuition. As added by P.L.13-2006, SEC.3. Amended by P.L.141-2006,
SEC.93.
IC 20-26-11-3 Forms concerning legal settlement
Sec. 3. The state superintendent shall prepare the form of
agreement to be used under section 2(2) of this chapter and a form to
be executed by any individual with whom the student is living under
section 2(2), 2(3), 2(4), or 2(6) of this chapter. The execution of the
form by the individual and its continuance in force is a condition to
the application of section 2(2), 2(3), 2(4), or 2(6) of this chapter. The
form must contain an agreement of the individual that the individual
shall, with respect to dealing with the school corporation and for all
other purposes under this article, assume all the duties and be subject
to all the liabilities of a parent of the student in the same manner as
if the individual were the student's parent. On the execution of that
form and for as long as it remains in force, the individual has these
duties and liabilities. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.4.
IC 20-26-11-4 Appeal from determination of legal settlement
Sec. 4. A student is emancipated when the student:
(1) furnishes the student's support from the student's own
resources;
(2) is not dependent in any material way on the student's parents
for support;
(3) files or is required by applicable law to file a separate tax
return; and
(4) maintains a residence separate from that of the student's
parents. As added by P.L.1-2005, SEC.10.
IC 20-26-11-5 Transfer at request of parent or student; approval; appeal
Sec. 5. (a) The parents of any student, regardless of the student's
age, or the student after the student has become eighteen (18) years
of age may request a transfer from a school corporation in which the
student has a legal settlement to a transferee school corporation in
Indiana or another state if the student may be better accommodated
in the public schools of the transferee corporation. Whether the
student can be better accommodated depends on such matters as:
(1) crowded conditions of the transferee or transferor
corporation; and
(2) curriculum offerings at the high school level that are
important to the vocational or academic aspirations of the
student.
(b) The request for transfer must be made in writing to the
transferor corporation, which shall immediately mail a copy to the
transferee corporation. The request for transfer must be made at the
times provided under rules adopted by the state board. The transfer
is effected if both the transferee and the transferor corporations
approve the transfer not more than thirty (30) days after that mailing.
If the transferor school corporation fails to act on the transfer request
within thirty (30) days after the request is received, the transfer is
considered approved. The transfer is denied when either school
corporation: mails a written denial by certified mail to the requesting
parents or student at their last known address.
(c) If a request for transfer is denied under subsection (b), an
appeal may be taken to the state board by the requesting parents or
student, if commenced not more than ten (10) days after the denial.
An appeal is commenced by mailing a notice of appeal by certified
mail to the superintendent of each school corporation and the state
board. The state superintendent shall develop forms for this purpose,
and the transferor corporation shall assist the parents or student in
the mechanics of commencing the appeal. An appeal hearing must
comply with section 15 of this chapter. As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.3.
IC 20-26-11-6 Transfer tuition
Sec. 6. (a) A school corporation may accept a transferring student
without approval of the transferor corporation under section 5 of this
chapter.
(b) A transfer may be accepted regardless of whether, as a
condition of the transfer, the transferee school requires the requesting
parents or student to pay transfer tuition in an amount determined
under the formula established in section 13 of this chapter for the
payment of transfer tuition by a transferor school corporation.
However, if the transferee school elects to charge transfer tuition, the
transferee school may not offset the amounts described in section
13(b) STEP TWO (B) through section 13(b) STEP TWO (D) of this
chapter from the amount charged to the requesting parents or student.
(c) When the transferee school elects to charge tuition to the
requesting parents or student, the tuition determined under
subsection (b) must be paid by the parents or the student before the
end of the school year in installments as determined by the transferee
corporation.
(d) Failure to pay a tuition installment that is agreed to by the
parents or student and the transferee school corporation is a ground
for exclusion from school.
(e) If the transferee school elects not to charge transfer tuition to
the parents or student under this section, the transferee school may
not charge transfer tuition or fees to the transferor school. As added by P.L.1-2005, SEC.10. Amended by P.L.30-2010, SEC.1.
IC 20-26-11-7 Transfers; students with disabilities
Sec. 7. (a) A school corporation may transfer a student with a
physical, emotional, or mental disability to a transferee corporation
that maintains special programs or facilities for children with the
disability of the transferred student.
(b) A transferee corporation may refuse the transfer under
subsection (a) by mailing a notice by certified mail to:
(1) the transferor corporation;
(2) the parents of the student; and
(3) the state board.
(c) If a transferee corporation refuses transfer under subsection
(b), the state board shall determine the question of granting a transfer
under the procedures set out in section 15 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-11-8 Payment of transfer tuition for students in public and private
institutions or in foster homes
Sec. 8. (a) A student who is placed in a state licensed private or
public health care facility or child care facility:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of
child services;
may attend school in the school corporation in which the facility is
located. If the school corporation in which the facility is located is
not the school corporation in which the student has legal settlement,
the school corporation in which the student has legal settlement shall
pay the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen
(14) consecutive calendar days or a total of twenty (20)
calendar days.
The school corporation in which the student has legal settlement
shall pay the transfer tuition of the student. The parent of the student
shall notify the school corporation in which the facility is located and
the school corporation of the student's legal settlement, if
identifiable, of the placement. Not later than thirty (30) days after
this notice, the school corporation of legal settlement shall either pay
the transfer tuition of the transferred student or appeal the payment
by notice to the department. The acceptance or notice of appeal by
the school corporation must be given by certified mail to the parent
or guardian of the student and any affected school corporation. In the
case of a student who is not identified as having a disability under
IC 20-35, the state board shall make a determination on transfer
tuition according to the procedures in section 15 of this chapter. In
the case of a student who has been identified as having a disability
under IC 20-35, the determination on transfer tuition shall be made
under this subsection and the procedures adopted by the state board
under IC 20-35-2-1(b)(5).
(c) A student who is placed in:
(1) an institution operated by the division of disability and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of
disability and rehabilitative services or the division of mental
health and addiction;
may attend school in the school corporation in which the institution
is located. The state shall pay the transfer tuition of the student,
unless another entity is required to pay the transfer tuition as a result
of a placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
(d) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of
child services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where
the student attends school unless that determination is made by a
court that has jurisdiction over the student. If a licensed child placing
agency is responsible for oversight of the foster family home in
which the student is placed or for providing services to the student,
the department of child services must consult with the licensed child
placing agency concerning the determination of, or the
recommendations made to the court concerning, where the student
attends school. Except as provided in subsection (e), transfer tuition
is not required for the student.
(e) If a student to whom subsection (d) applies is attending school
in a school corporation that is not the school corporation in which the
student has legal settlement, the school corporation in which the
student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring
institution licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the
child caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to
a licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under
IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located
at the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6.
(f) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c);
(2) to whom neither subsection (d) nor (e) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility,
home, or institution is located. The department shall conduct an
investigation and determine whether any other entity or person is
required to pay transfer tuition. If the department determines that no
other entity or person is required to pay transfer tuition, the state
shall pay the transfer tuition for the student out of the funds
appropriated for tuition support. As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.4;
P.L.231-2005, SEC.33; P.L.1-2006, SEC.331; P.L.141-2006,
SEC.94; P.L.145-2006, SEC.148; P.L.99-2007, SEC.168;
P.L.159-2007, SEC.1.
IC 20-26-11-9 Notice of legal settlement and placement
Sec. 9. (a) This section applies to each student:
(1) described in section 8(a) of this chapter;
(2) who is placed in a home or facility in Indiana that is outside
the school corporation where the student has legal settlement;
and
(3) for which the state is not obligated to pay transfer tuition.
(b) Not later than ten (10) days after the department of child
services or a probation department places or changes the placement
of a student, the department of child services or probation
department that placed the student shall notify the school corporation
where the student has legal settlement and the school corporation
where the student will attend school of the placement or change of
placement. Before June 30 of each year, the department of child
services or a probation department that places a student in a home or
facility shall notify the school corporation where a student has legal
settlement and the school corporation in which a student will attend
school if a student's placement will continue for the ensuing school
year. The notifications required under this subsection must be made
by:
(1) the department of child services, if the child is a child in
need of services; or
(2) if subdivision (1) does not apply, the court or other agency
making the placement. As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006,
SEC.149; P.L.146-2008, SEC.469; P.L.131-2009, SEC.3. IC 20-26-11-10 Tuition for children of certain state employees and foreign
exchange students
Sec. 10. (a) A student who is the child of a state employee who
resides on state owned property, resides on state owned property, or
is the child of a full-time employee of a state educational institution,
who resides on property owned or operated by the state educational
institution and used for educational, research, or public service
programs is considered a transferred student if:
(1) the student attends a public school in the school corporation
located nearest to the student's residence within the county in
which all or a part of either the state owned property, or the
property owned or operated by the state supported
postsecondary institution, is located; or
(2) the state owned property is the Soldiers' and Sailors'
Children's Home and the student attends a public school in the
county in which the home is located or in an adjacent county.
Transfer tuition for a student transferred under this subsection shall
be paid by the state. However, this subsection does not apply to
children of state employees residing in student housing on property
owned by any state educational institution.
(b) A foreign student visiting in Indiana under any student
exchange program approved by the state board is considered a
resident student with legal settlement in the school corporation where
the foreign exchange student resides. The student may attend a
school in the school corporation in which the family with whom the
student is living resides. A school corporation that receives a foreign
student may not be paid any transfer tuition. The school corporation
shall include the foreign student in computations to determine the
amount of state aid that it is entitled to receive. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.212.
IC 20-26-11-11 Tuition for suspended, expelled, or excluded emotionally disturbed
students
Sec. 11. (a) A school corporation may enter into an agreement
with:
(1) a nonprofit corporation that operates a federally approved
education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are
certified by the department;
(C) employs other professionally and state licensed staff as
appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a
public school in that school corporation and have been
found to have an emotional disturbance;
(ii) have been placed with the nonprofit corporation by
court order;
(iii) have been referred by a local health department;
(iv) have been placed in a state licensed private or public
health care or child care facility as described in section 8
of this chapter; or
(v) have been placed by or with the consent of the
department under IC 20-35-6-2;
in order to provide a student with an individualized education
program that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters
into an agreement as described in subsection (a), the school
corporation shall pay to the nonprofit corporation an amount agreed
upon that may not exceed the total of:
(1) the transfer tuition costs for the student that otherwise
would be payable to the transferee corporation; and
(2) a proportionate amount of any state or local distributions to
the transferee corporation that are computed in any part using
ADM or any other student count in which the student is
included, if the transferee corporation includes the student in
the transferee corporation's ADM for a school year.
(c) If a school corporation that is a transferor corporation enters
into an agreement as described in subsection (a), the school
corporation shall pay to the nonprofit corporation an amount agreed
upon, which may not exceed the total of:
(1) the transfer tuition costs that otherwise would be payable to
a transferee school corporation; and
(2) a proportionate amount of any state or local distributions to
the transferor corporation that are computed in any part using
ADM or any other student count in which the student is
included, if the transferor corporation includes the student in
the transferor corporation's ADM for a school year. As added by P.L.1-2005, SEC.10. Amended by P.L.246-2005,
SEC.131; P.L.99-2007, SEC.169; P.L.159-2007, SEC.2.
IC 20-26-11-12 Interstate transfers
Sec. 12. (a) If a student is transferred under section 5 of this
chapter from a school corporation in Indiana to a public school
corporation in another state, the transferor corporation shall pay the
transferee corporation the full tuition fee charged by the transferee
corporation. However, the amount of the full tuition fee may not
exceed the amount charged by the transferor corporation for the same
class of school, or if the school does not have the same classification,
the amount may not exceed the amount charged by the
geographically nearest school corporation in Indiana that has the
same classification.
(b) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided all educational programs and services by a public
school corporation in the state where the child is placed,
whether at the facility, the public school, or another location;
the department of child services shall pay to the public school
corporation in which the child is enrolled, the amount of transfer
tuition specified in subsection (c).
(c) The transfer tuition for which the department of child services
is obligated under subsection (b) is equal to the following:
(1) The amount under a written agreement among the
department of child services, the institution or other facility,
and the governing body of the public school corporation in the
other state that specifies the amount and method of computing
transfer tuition.
(2) The full tuition fee charged by the transferee corporation, if
subdivision (1) does not apply. However, the amount of the full
tuition fee must not exceed the amount charged by the
transferor corporation for the same class of school, or if the
school does not have the same classification, the amount must
not exceed the amount charged by the geographically nearest
school corporation in Indiana that has the same classification.
(d) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided:
(A) onsite educational programs and services either through
the facility's employees or by contract with another person
or organization that is not a public school corporation; or
(B) educational programs and services by a nonpublic
school;
the department of child services shall pay in an amount and in the
manner specified in a written agreement between the department of
child services and the institution or other facility.
(e) For purposes of IC 4-13-2, an agreement described in
subsection (c) or (d) shall not be treated as a contract. As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006,
SEC.150; P.L.146-2008, SEC.470.
IC 20-26-11-13 Determination of transfer tuition
Sec. 13. (a) As used in this section, the following terms have the
following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications
are denominated as kindergarten, elementary school, middle
school or junior high school, high school, and special schools
or classes, such as schools or classes for special education,
career and technical education, or career education.
(2) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where
the child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized education program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the state board.
(B) The total number of students enrolled in a class of
school in a transferee school corporation on a date
determined by the state board.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) student. The state board may
select a different date for counts under this subdivision.
However, the same date shall be used for all school
corporations making a count for the same class of school.
(b) Each transferee corporation is entitled to receive for each
school year on account of each transferred student, except a student
transferred under section 6 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter.
Transfer tuition equals the amount determined under STEP THREE
of the following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the
transfer student is enrolled.
STEP TWO: If the transferee school included the transfer
student in the transferee school's ADM for a school year,
allocate to the transfer student a proportionate share of the
following general fund revenues of the transferee school for,
except as provided in clause (C), the calendar year in which the
school year ends:
(A) State tuition support distributions.
(B) Property tax levies under IC 20-45-7 and IC 20-45-8.
(C) Excise tax revenue (as defined in IC 20-43-1-12)
received for deposit in the calendar year in which the school
year begins.
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from
the STEP ONE amount.
If a child is placed in an institution or facility in Indiana by or with
the approval of the department of child services, the institution or
facility shall charge the department of child services for the use of
the space within the institution or facility (commonly called capital
costs) that is used to provide educational services to the child based
upon a prorated per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state
board of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made from extracurricular account
receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment
during at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the student enrollment of each class
in the transferee corporation compared with the total student
enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the
class of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of student attendance, the transfer
tuition shall be calculated by the part of the school year for which the
transferred student is enrolled. A school year of student attendance
consists of the number of days school is in session for student
attendance. A student, regardless of the student's attendance, is
enrolled in a transferee school unless the student is no longer entitled
to be transferred because of a change of residence, the student has
been excluded or expelled from school for the balance of the school
year or for an indefinite period, or the student has been confirmed to
have withdrawn from school. The transferor and the transferee
corporation may enter into written agreements concerning the
amount of transfer tuition due in any school year. If an agreement
cannot be reached, the amount shall be determined by the state board,
and costs may be established, when in dispute, by the state board of
accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that
ends in the calendar year in which the revenues are received.
However, for state tuition support distributions or any other state
distribution computed using less than the total ADM of the transferee
school, the transferee school shall allocate the revenues to the
transfer student by dividing the revenues that the transferee school
is eligible to receive in a calendar year by the student count used to
compute the state distribution.
(h) Instead of the payments provided in subsection (b), the
transferor corporation or state owing transfer tuition may enter into
a long term contract with the transferee corporation governing the
transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years
with an option to renew;
(2) specify a maximum number of students to be transferred;
and
(3) fix a method for determining the amount of transfer tuition
and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) A school corporation may negotiate transfer tuition agreements
with a neighboring school corporation that can accommodate
additional students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition
or time of payment that is different from the method, amount,
or time of payment that is provided in this section or section 14
of this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.130;
P.L.1-2007, SEC.144; P.L.234-2007, SEC.105; P.L.146-2008,
SEC.471.
IC 20-26-11-14 Estimated transfer tuition payments; statements of amount;
method of payment
Sec. 14. (a) Not later than March 1, a school corporation shall
estimate the:
(1) transfer tuition payments that the school corporation is
required to pay for students transferring from the school
corporation; and
(2) transfer tuition payments that the school corporation is
entitled to receive on behalf of students transferring to the
school corporation.
A school corporation shall send a preliminary statement of the
amount of transfer tuition due to the state agency and to any school
corporation that owes transfer tuition to the school corporation.
(b) Not later than October 1 following the end of a school year, a
school corporation shall send a final statement of the amount of
transfer tuition due to the state agency and to any school corporation
that owes transfer tuition to the school corporation.
(c) A statement sent under subsection (a) or (b) must include the
following:
(1) A statement, to the extent known, of all transfer tuition costs
chargeable to the state or school corporation for the school year
ending in the current calendar year.
(2) A statement of any transfer tuition costs chargeable to the
state or school corporation and not previously billed for the
school year ending in the immediately preceding calendar year.
(3) A statement of any transfer tuition costs previously billed to
the state or school corporation and not yet paid.
(d) Transfer tuition for each school year shall be paid by the
transferor corporation or state, if the entity is obligated to pay the
tuition, in not more than four (4) installments. These installments
must be paid not later than October 30, January 10, April 10, and
July 10 following the school year in which the obligation is incurred,
unless another schedule is mutually agreed upon.
(e) Payment of operating costs shall be paid from and receipted to
the respective general funds of the transferor and transferee
corporations. Payment of capital costs shall be made by the transferor
corporation at its discretion from any fund or source and shall be
receipted by the transferee corporation at its discretion either to the
capital projects fund or to the debt service fund, or if the transferee
corporation has neither of these two (2) funds, to its general fund. As added by P.L.1-2005, SEC.10.
IC 20-26-11-15 Determination by state board
Sec. 15. (a) The state board shall hear the following:
(1) All appeals from an order expelling a child under
IC 20-33-8-17.
(2) All appeals provided in this chapter.
(3) All disputes on the following:
(A) Legal settlement.
(B) Right to transfer.
(C) Right to attend school in any school corporation.
(D) Amount of transfer tuition.
(E) Any other matter arising under this chapter.
The board shall hold a hearing on the timely written application of
any interested party.
(b) The state board shall make its determination under the
following procedure:
(1) A hearing shall be held on each matter presented.
(2) Each interested party, including where appropriate, the
parents, the student, the transferor corporation, the transferee
corporation, or the state, shall be given at least ten (10) days
notice of the hearing by certified mail or by personal delivery.
(3) The date of giving the notice is the date of mailing or
delivery.
(4) Any interested party may appear at the hearing in person or
by counsel, present evidence, cross-examine witnesses, and
present in writing or orally summary statements of position.
(5) A written or recorded transcript of the hearing shall be
made.
(6) The hearing may be held by the state board or by a hearing
examiner appointed by it who must be a state employee.
(7) The hearing, at the option of the state board or hearing
examiner, may be held at any place in Indiana.
(8) The hearing examiner shall make written findings of fact
and recommendations.
(9) The determination of the state board must be made on the
basis of the record, summaries, and findings, but it is required
to examine only those parts of the entire record as it considers
necessary.
(c) The hearing and proceedings are not governed by IC 4-21.5.
(d) The determination of the state board is final and binding on
the parties to the proceeding.
(e) A notice of the state board's determination shall be mailed to
each party by certified mail. An action to contest the validity of the
decision may not be instituted more than thirty (30) days after the
mailing of the notice. As added by P.L.1-2005, SEC.10.
IC 20-26-11-16 Rules of implementation and enforcement; award to prevailing
school corporation
Sec. 16. (a) The provisions to implement this chapter, including:
(1) the calculation of transfer tuition;
(2) the credits for state distribution; and
(3) the time in the year when requests for transfer must be filed;
shall be implemented by rules adopted by the state board.
(b) The state board shall adopt rules for the enforcement of the
payment of transfer tuition. The enforcement may include
withholding state support from the transferor corporation for the
benefit of the transferee corporation, charging interest, penalties for
late payment, and the costs of collection.
(c) If a school corporation prevails at the final adjudication of:
(1) an administrative proceeding under this chapter; or
(2) a lawsuit against a school corporation;
to compel payment of transfer tuition owed by the school corporation
under this chapter, the administrative body or the court shall award
to the prevailing party the transfer tuition owed, if any, plus
reasonable attorney's fees and interest as provided by law. As added by P.L.1-2005, SEC.10. IC 20-26-11-17 Tuition support reporting requirements
Sec. 17. (a) Each year before the date specified in the rules
adopted by the state board, a school corporation shall report the
information specified in subsection (b) for each student:
(1) for whom tuition support is paid by another school
corporation;
(2) for whom tuition support is paid by the state; and
(3) who is enrolled in the school corporation but has the
equivalent of a legal settlement in another state or country;
to the department.
(b) Each school corporation shall provide the following
information for each school year for each category of student
described in subsection (a):
(1) The amount of tuition support and other support received for
the students described in subsection (a).
(2) The operating expenses, as determined under section 13 of
this chapter, incurred for the students described in subsection
(a).
(3) Special equipment expenditures that are directly related to
educating students described in subsection (a).
(4) The number of transfer students described in subsection (a).
(5) Any other information required under the rules adopted by
the state board after consultation with the office of the secretary
of family and social services.
(c) The information required under this section shall be reported
in the format and on the forms specified by the state board.
(d) Not later than November 30 of each year the department shall
compile the information required from school corporations under this
section and submit the compiled information in the form specified by
the office of the secretary of family and social services to the office
of the secretary of family and social services.
(e) Not later than December 31 of each year, the office of the
secretary of family and social services shall submit a report to the
members of the budget committee and the executive director of the
legislative services agency that compiles and analyzes the
information required from school corporations under this section.
The report must identify the types of state and local funding changes
that are needed to provide adequate state and local money to educate
transfer students. A report submitted under this subsection to the
executive director of the legislative services agency must be in an
electronic format under IC 5-14-6. As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,
SEC.472.
IC 20-26-11-18 Joint liability of health care facility or child care institution for
transfer tuition
Sec. 18. (a) If a student:
(1) has legal settlement in the attendance area of a school
corporation in another state, when legal settlement is
determined without regard to the appointment of a guardian in
Indiana solely to facilitate the placement of the student in a
facility described in subdivision (2);
(2) is placed in a state licensed private or public health care
facility, private or public child care institution, or treatment
center in Indiana by:
(A) the parent of the student; or
(B) a governmental entity in another state; and
(3) is enrolled in a school corporation in Indiana;
the state licensed private or public health care facility, private or
public child care institution, or treatment center where the student is
placed, regardless of when the student is placed, is jointly liable with
the person placing the student for transfer tuition under this chapter.
(b) Notwithstanding subsection (a), a sole proprietorship, a
partnership, an association, a corporation, a limited liability
company, a fiduciary, an individual who is not the student's parent,
or another entity in Indiana that accepts the placement of a student
who:
(1) has legal settlement in the attendance area of a school
corporation in another state; and
(2) is enrolled in a school corporation in Indiana;
is the guarantor for the student's transfer tuition under this chapter
unless there is another guarantor. The state board shall hear all
appeals under this subsection in accordance with section 15 of this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-11-19 Court ordered transfers; application
Sec. 19. (a) This section through section 29 of this chapter
concern the transfer of students for education from one (1) school
corporation (transferor corporation) to another school corporation
(transferee corporation) in compliance with a court order as
described in this section. This chapter applies solely in a situation
where a court of the United States or of Indiana in a suit to which the
transferor or transferee corporation or corporations are parties has
found the following:
(1) A transferor corporation has violated the equal protection
clause of the Fourteenth Amendment to the Constitution of the
United States by practicing de jure racial segregation of the
students within its borders.
(2) A unitary school system within the meaning of the
Fourteenth Amendment cannot be implemented within the
boundaries of the transferor corporation.
(3) The Fourteenth Amendment compels the court to order a
transferor corporation to transfer its students for education to
one (1) or more transferee corporations to effect a plan of
desegregation in the transferor corporation that is acceptable
within the meaning of the Fourteenth Amendment.
(b) This chapter does not apply until all appeals from the order,
whether taken by the transferor corporation, any transferee
corporation or any party to the action, have been exhausted or the
time for taking the appeals has expired, except where all stays of a
transfer order pending appeal or further court action have been
denied. As added by P.L.1-2005, SEC.10.
IC 20-26-11-20 Court ordered transfers; definitions
Sec. 20. (a) As used in sections 19 through 29 of this chapter,
"class of school" refers to a classification of each school in the
transferee corporation by the grades taught therein (generally
denominated as elementary schools, middle schools or junior high
schools, high schools, and special schools such as schools for special
education, career and technical education, or career education).
Elementary schools include schools containing kindergarten, but for
purposes of this chapter, a kindergarten student shall be counted as
one-half (1/2) student.
(b) As used in sections 19 through 29 of this chapter, "transferee
corporation" means the school corporation receiving students under
a court order described in section 19 of this chapter.
(c) As used in sections 19 through 29 of this chapter, "transferor
corporation" means the school corporation transferring students
under a court order described in section 19 of this chapter.
(d) As used in sections 19 through 29 of this chapter, "transferred
student" means any student transferred under a court order described
in section 19 of this chapter. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.131;
P.L.234-2007, SEC.106.
IC 20-26-11-21 Court ordered transfers; governing body of transferee corporation
Sec. 21. (a) The governing body of a transferee corporation may
add two (2) members, one (1) of whom must be a resident of the
contributing geographic area within the transferor corporation from
which students are being bused, to the transferee corporation's
governing body for each transferor corporation that the transferee
corporation serves. These members are in addition to the number of
members of the governing body who are residents of the transferee
corporation.
(b) Each member who is a resident of a contributing transferor
corporation added to the governing body of a transferee corporation
by this section:
(1) shall be elected by a majority of all registered and eligible
voters who vote in each applicable school board election in the
school corporation;
(2) must have the same qualifications, other than residency or
property ownership, that are required for a member of the
governing body who is a resident of the transferee corporation;
and
(3) serves for the same number of years as members of the
governing body who are residents of the transferee corporation.
(c) The members of the governing body of the transferee
corporation shall appoint by majority vote the first additional
members of a governing body under this section. The members
appointed under this subsection serve until replacement members are
elected under subsections (d) and (e).
(d) The first elected members of a governing body from a
transferor corporation shall be elected at the first election after the
members are added under subsection (a):
(1) that occurs in the transferor corporation; and
(2) where one (1) or more members of the governing body of
the transferor corporation are elected.
The election shall be conducted in the manner required by law for the
conduct of elections of governing bodies of school corporations.
(e) This subsection applies to an additional member of a
governing body appointed under subsection (c) to whom subsection
(d) does not apply. The first additional elected member of a
governing body must be elected at the first election after the
members are added under subsection (a) where one (1) or more
members of the governing body of the transferee corporation are
elected. The election
IC 20-26-11
Chapter 11. Legal Settlement and Transfer of Students; Transfer
Tuition
IC 20-26-11-1 "Residence", "resides", and comparable terms
Sec. 1. As used in this chapter with respect to legal settlement,
transfers, and the payment of tuition, the words "residence",
"resides", or other comparable language means a permanent and
principal habitation that an individual uses for a home for a fixed or
indefinite period, at which the individual remains when not called
elsewhere for work, studies, recreation, or other temporary or special
purpose. These terms are not synonymous with legal domicile.
Except as provided in section 2(3) of this chapter, where a court
order grants an individual custody of a student, the residence of the
student is where that individual resides. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.1.
IC 20-26-11-2 Legal settlement
Sec. 2. The legal settlement of a student is governed by the
following provisions:
(1) If the student:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age but is not
emancipated;
the legal settlement of the student is in the attendance area of
the school corporation where the student's parents reside.
(2) If the student's mother and father, in a situation to which
subdivision (1) otherwise applies, are divorced or separated, the
legal settlement of the student is the school corporation whose
attendance area contains the residence of the parent with whom
the student is living, in the following situations:
(A) If a court order has not been made establishing the
custody of the student.
(B) Except as provided in subdivision (3), if both parents
have agreed on the parent or person with whom the student
will live.
(C) If the parent granted custody of the student has
abandoned the student.
In the event of a dispute between the parents of the student, or
between the parents and a student at least eighteen (18) years of
age, the legal settlement of the student shall be determined as
otherwise provided in this section.
(3) If, in a situation in which subdivision (1) otherwise applies,
the student's mother and father are divorced or separated, and
if a court order grants the student's:
(A) mother;
(B) father; or
(C) both mother and father;
custody of the student, the legal settlement of the student is the
school corporation whose attendance area contains the
residence of the mother or father, as elected under section 2.5(a)
of this chapter. If the custodial parent (or the student, if at least
eighteen (18) years of age) does not make an election under
section 2.5(a) of this chapter, the legal settlement of the student
is the school corporation whose attendance area contains the
residence of the parent granted physical custody by the court
order.
(4) If the legal settlement of a student, in a situation to which
subdivision (1) otherwise applies, cannot reasonably be
determined and the student is being supported by, cared for by,
and living with some other individual, the legal settlement of
the student is in the attendance area of that individual's
residence, except where the parents of the student are able to
support the student but have placed the student in the home of
another individual, or allowed the student to live with another
individual, primarily for the purpose of attending school in the
attendance area where the other individual resides. The school
may, if the facts are in dispute, condition acceptance of the
student's legal settlement on the appointment of that individual
as legal guardian or custodian of the student, and the date of
legal settlement will be fixed to coincide with the
commencement of the proceedings for the appointment of a
guardian or custodian. However, if a student does not reside
with the student's parents because the student's parents are
unable to support the child and the child is not residing with an
individual other than a parent primarily to attend a particular
school, the student's legal settlement is where the student
resides, and the establishment of a legal guardianship may not
be required by the school. In addition, a legal guardianship or
custodianship established solely to attend school in a particular
school corporation does not affect the determination of the legal
settlement of the student under this chapter.
(5) If a student, to whom subdivision (1) would otherwise
apply, is married and living with a spouse, the legal settlement
of that student is in the attendance area of the school
corporation where the student and the student's spouse reside.
(6) If the student's parents:
(A) are living outside the United States due to educational
pursuits or a job assignment;
(B) do not maintain a permanent home in any school
corporation in the United States; and
(C) have placed the student in the home of another
individual;
the legal settlement of the student is in the attendance area
where the other individual resides.
(7) If the student is emancipated, the legal settlement is the
attendance area of the school corporation of the student's
residence.
(8) If a student's legal settlement is changed after the student
has begun attending school in a school corporation in any
school year, the effective date of change may:
(A) at the election of:
(i) the parent;
(ii) the student, if the student is at least eighteen (18) years
of age; or
(iii) a juvenile court conducting a proceeding under
IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26, or
IC 31-37-20-6 (or IC 31-6-4-18.5 before its repeal);
be extended until the end of that semester; or
(B) at the discretion of the school, until the end of that
school year.
However, that election, where a student has completed grade 11
in any school year, shall extend to the end of the following
school year in grade 12.
(9) If a juvenile court has:
(A) made findings of fact concerning the legal settlement of
a student under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6 (or IC 31-6-4-18.5 before
its repeal); and
(B) jurisdiction over the student under IC 31-34 or IC 31-37;
the legal settlement of the student is the attendance area
specified as the legal settlement in the latest findings of fact
issued by the juvenile court. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.2.
IC 20-26-11-2.5 Election to have legal settlement
Sec. 2.5. (a) In the case of a student described in section 2(3) of
this chapter, the:
(1) parent granted physical custody by a court; or
(2) student, if the student is at least eighteen (18) years of age;
may, not later than fourteen (14) days before the first student day of
the school year, elect for the student to have legal settlement in the
school corporation whose attendance area contains the residence of
the student's mother or the school corporation whose attendance area
contains the residence of the student's father.
(b) An election under subsection (a) may be made only on a
yearly basis.
(c) The parent or student who makes an election under subsection
(a) is not required to pay transfer tuition. As added by P.L.13-2006, SEC.3. Amended by P.L.141-2006,
SEC.93.
IC 20-26-11-3 Forms concerning legal settlement
Sec. 3. The state superintendent shall prepare the form of
agreement to be used under section 2(2) of this chapter and a form to
be executed by any individual with whom the student is living under
section 2(2), 2(3), 2(4), or 2(6) of this chapter. The execution of the
form by the individual and its continuance in force is a condition to
the application of section 2(2), 2(3), 2(4), or 2(6) of this chapter. The
form must contain an agreement of the individual that the individual
shall, with respect to dealing with the school corporation and for all
other purposes under this article, assume all the duties and be subject
to all the liabilities of a parent of the student in the same manner as
if the individual were the student's parent. On the execution of that
form and for as long as it remains in force, the individual has these
duties and liabilities. As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.4.
IC 20-26-11-4 Appeal from determination of legal settlement
Sec. 4. A student is emancipated when the student:
(1) furnishes the student's support from the student's own
resources;
(2) is not dependent in any material way on the student's parents
for support;
(3) files or is required by applicable law to file a separate tax
return; and
(4) maintains a residence separate from that of the student's
parents. As added by P.L.1-2005, SEC.10.
IC 20-26-11-5 Transfer at request of parent or student; approval; appeal
Sec. 5. (a) The parents of any student, regardless of the student's
age, or the student after the student has become eighteen (18) years
of age may request a transfer from a school corporation in which the
student has a legal settlement to a transferee school corporation in
Indiana or another state if the student may be better accommodated
in the public schools of the transferee corporation. Whether the
student can be better accommodated depends on such matters as:
(1) crowded conditions of the transferee or transferor
corporation; and
(2) curriculum offerings at the high school level that are
important to the vocational or academic aspirations of the
student.
(b) The request for transfer must be made in writing to the
transferor corporation, which shall immediately mail a copy to the
transferee corporation. The request for transfer must be made at the
times provided under rules adopted by the state board. The transfer
is effected if both the transferee and the transferor corporations
approve the transfer not more than thirty (30) days after that mailing.
If the transferor school corporation fails to act on the transfer request
within thirty (30) days after the request is received, the transfer is
considered approved. The transfer is denied when either school
corporation: mails a written denial by certified mail to the requesting
parents or student at their last known address.
(c) If a request for transfer is denied under subsection (b), an
appeal may be taken to the state board by the requesting parents or
student, if commenced not more than ten (10) days after the denial.
An appeal is commenced by mailing a notice of appeal by certified
mail to the superintendent of each school corporation and the state
board. The state superintendent shall develop forms for this purpose,
and the transferor corporation shall assist the parents or student in
the mechanics of commencing the appeal. An appeal hearing must
comply with section 15 of this chapter. As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.3.
IC 20-26-11-6 Transfer tuition
Sec. 6. (a) A school corporation may accept a transferring student
without approval of the transferor corporation under section 5 of this
chapter.
(b) A transfer may be accepted regardless of whether, as a
condition of the transfer, the transferee school requires the requesting
parents or student to pay transfer tuition in an amount determined
under the formula established in section 13 of this chapter for the
payment of transfer tuition by a transferor school corporation.
However, if the transferee school elects to charge transfer tuition, the
transferee school may not offset the amounts described in section
13(b) STEP TWO (B) through section 13(b) STEP TWO (D) of this
chapter from the amount charged to the requesting parents or student.
(c) When the transferee school elects to charge tuition to the
requesting parents or student, the tuition determined under
subsection (b) must be paid by the parents or the student before the
end of the school year in installments as determined by the transferee
corporation.
(d) Failure to pay a tuition installment that is agreed to by the
parents or student and the transferee school corporation is a ground
for exclusion from school.
(e) If the transferee school elects not to charge transfer tuition to
the parents or student under this section, the transferee school may
not charge transfer tuition or fees to the transferor school. As added by P.L.1-2005, SEC.10. Amended by P.L.30-2010, SEC.1.
IC 20-26-11-7 Transfers; students with disabilities
Sec. 7. (a) A school corporation may transfer a student with a
physical, emotional, or mental disability to a transferee corporation
that maintains special programs or facilities for children with the
disability of the transferred student.
(b) A transferee corporation may refuse the transfer under
subsection (a) by mailing a notice by certified mail to:
(1) the transferor corporation;
(2) the parents of the student; and
(3) the state board.
(c) If a transferee corporation refuses transfer under subsection
(b), the state board shall determine the question of granting a transfer
under the procedures set out in section 15 of this chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-11-8 Payment of transfer tuition for students in public and private
institutions or in foster homes
Sec. 8. (a) A student who is placed in a state licensed private or
public health care facility or child care facility:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of
child services;
may attend school in the school corporation in which the facility is
located. If the school corporation in which the facility is located is
not the school corporation in which the student has legal settlement,
the school corporation in which the student has legal settlement shall
pay the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen
(14) consecutive calendar days or a total of twenty (20)
calendar days.
The school corporation in which the student has legal settlement
shall pay the transfer tuition of the student. The parent of the student
shall notify the school corporation in which the facility is located and
the school corporation of the student's legal settlement, if
identifiable, of the placement. Not later than thirty (30) days after
this notice, the school corporation of legal settlement shall either pay
the transfer tuition of the transferred student or appeal the payment
by notice to the department. The acceptance or notice of appeal by
the school corporation must be given by certified mail to the parent
or guardian of the student and any affected school corporation. In the
case of a student who is not identified as having a disability under
IC 20-35, the state board shall make a determination on transfer
tuition according to the procedures in section 15 of this chapter. In
the case of a student who has been identified as having a disability
under IC 20-35, the determination on transfer tuition shall be made
under this subsection and the procedures adopted by the state board
under IC 20-35-2-1(b)(5).
(c) A student who is placed in:
(1) an institution operated by the division of disability and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of
disability and rehabilitative services or the division of mental
health and addiction;
may attend school in the school corporation in which the institution
is located. The state shall pay the transfer tuition of the student,
unless another entity is required to pay the transfer tuition as a result
of a placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
(d) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of
child services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where
the student attends school unless that determination is made by a
court that has jurisdiction over the student. If a licensed child placing
agency is responsible for oversight of the foster family home in
which the student is placed or for providing services to the student,
the department of child services must consult with the licensed child
placing agency concerning the determination of, or the
recommendations made to the court concerning, where the student
attends school. Except as provided in subsection (e), transfer tuition
is not required for the student.
(e) If a student to whom subsection (d) applies is attending school
in a school corporation that is not the school corporation in which the
student has legal settlement, the school corporation in which the
student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring
institution licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the
child caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to
a licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under
IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located
at the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6.
(f) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c);
(2) to whom neither subsection (d) nor (e) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility,
home, or institution is located. The department shall conduct an
investigation and determine whether any other entity or person is
required to pay transfer tuition. If the department determines that no
other entity or person is required to pay transfer tuition, the state
shall pay the transfer tuition for the student out of the funds
appropriated for tuition support. As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.4;
P.L.231-2005, SEC.33; P.L.1-2006, SEC.331; P.L.141-2006,
SEC.94; P.L.145-2006, SEC.148; P.L.99-2007, SEC.168;
P.L.159-2007, SEC.1.
IC 20-26-11-9 Notice of legal settlement and placement
Sec. 9. (a) This section applies to each student:
(1) described in section 8(a) of this chapter;
(2) who is placed in a home or facility in Indiana that is outside
the school corporation where the student has legal settlement;
and
(3) for which the state is not obligated to pay transfer tuition.
(b) Not later than ten (10) days after the department of child
services or a probation department places or changes the placement
of a student, the department of child services or probation
department that placed the student shall notify the school corporation
where the student has legal settlement and the school corporation
where the student will attend school of the placement or change of
placement. Before June 30 of each year, the department of child
services or a probation department that places a student in a home or
facility shall notify the school corporation where a student has legal
settlement and the school corporation in which a student will attend
school if a student's placement will continue for the ensuing school
year. The notifications required under this subsection must be made
by:
(1) the department of child services, if the child is a child in
need of services; or
(2) if subdivision (1) does not apply, the court or other agency
making the placement. As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006,
SEC.149; P.L.146-2008, SEC.469; P.L.131-2009, SEC.3. IC 20-26-11-10 Tuition for children of certain state employees and foreign
exchange students
Sec. 10. (a) A student who is the child of a state employee who
resides on state owned property, resides on state owned property, or
is the child of a full-time employee of a state educational institution,
who resides on property owned or operated by the state educational
institution and used for educational, research, or public service
programs is considered a transferred student if:
(1) the student attends a public school in the school corporation
located nearest to the student's residence within the county in
which all or a part of either the state owned property, or the
property owned or operated by the state supported
postsecondary institution, is located; or
(2) the state owned property is the Soldiers' and Sailors'
Children's Home and the student attends a public school in the
county in which the home is located or in an adjacent county.
Transfer tuition for a student transferred under this subsection shall
be paid by the state. However, this subsection does not apply to
children of state employees residing in student housing on property
owned by any state educational institution.
(b) A foreign student visiting in Indiana under any student
exchange program approved by the state board is considered a
resident student with legal settlement in the school corporation where
the foreign exchange student resides. The student may attend a
school in the school corporation in which the family with whom the
student is living resides. A school corporation that receives a foreign
student may not be paid any transfer tuition. The school corporation
shall include the foreign student in computations to determine the
amount of state aid that it is entitled to receive. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.212.
IC 20-26-11-11 Tuition for suspended, expelled, or excluded emotionally disturbed
students
Sec. 11. (a) A school corporation may enter into an agreement
with:
(1) a nonprofit corporation that operates a federally approved
education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are
certified by the department;
(C) employs other professionally and state licensed staff as
appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a
public school in that school corporation and have been
found to have an emotional disturbance;
(ii) have been placed with the nonprofit corporation by
court order;
(iii) have been referred by a local health department;
(iv) have been placed in a state licensed private or public
health care or child care facility as described in section 8
of this chapter; or
(v) have been placed by or with the consent of the
department under IC 20-35-6-2;
in order to provide a student with an individualized education
program that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters
into an agreement as described in subsection (a), the school
corporation shall pay to the nonprofit corporation an amount agreed
upon that may not exceed the total of:
(1) the transfer tuition costs for the student that otherwise
would be payable to the transferee corporation; and
(2) a proportionate amount of any state or local distributions to
the transferee corporation that are computed in any part using
ADM or any other student count in which the student is
included, if the transferee corporation includes the student in
the transferee corporation's ADM for a school year.
(c) If a school corporation that is a transferor corporation enters
into an agreement as described in subsection (a), the school
corporation shall pay to the nonprofit corporation an amount agreed
upon, which may not exceed the total of:
(1) the transfer tuition costs that otherwise would be payable to
a transferee school corporation; and
(2) a proportionate amount of any state or local distributions to
the transferor corporation that are computed in any part using
ADM or any other student count in which the student is
included, if the transferor corporation includes the student in
the transferor corporation's ADM for a school year. As added by P.L.1-2005, SEC.10. Amended by P.L.246-2005,
SEC.131; P.L.99-2007, SEC.169; P.L.159-2007, SEC.2.
IC 20-26-11-12 Interstate transfers
Sec. 12. (a) If a student is transferred under section 5 of this
chapter from a school corporation in Indiana to a public school
corporation in another state, the transferor corporation shall pay the
transferee corporation the full tuition fee charged by the transferee
corporation. However, the amount of the full tuition fee may not
exceed the amount charged by the transferor corporation for the same
class of school, or if the school does not have the same classification,
the amount may not exceed the amount charged by the
geographically nearest school corporation in Indiana that has the
same classification.
(b) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided all educational programs and services by a public
school corporation in the state where the child is placed,
whether at the facility, the public school, or another location;
the department of child services shall pay to the public school
corporation in which the child is enrolled, the amount of transfer
tuition specified in subsection (c).
(c) The transfer tuition for which the department of child services
is obligated under subsection (b) is equal to the following:
(1) The amount under a written agreement among the
department of child services, the institution or other facility,
and the governing body of the public school corporation in the
other state that specifies the amount and method of computing
transfer tuition.
(2) The full tuition fee charged by the transferee corporation, if
subdivision (1) does not apply. However, the amount of the full
tuition fee must not exceed the amount charged by the
transferor corporation for the same class of school, or if the
school does not have the same classification, the amount must
not exceed the amount charged by the geographically nearest
school corporation in Indiana that has the same classification.
(d) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided:
(A) onsite educational programs and services either through
the facility's employees or by contract with another person
or organization that is not a public school corporation; or
(B) educational programs and services by a nonpublic
school;
the department of child services shall pay in an amount and in the
manner specified in a written agreement between the department of
child services and the institution or other facility.
(e) For purposes of IC 4-13-2, an agreement described in
subsection (c) or (d) shall not be treated as a contract. As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006,
SEC.150; P.L.146-2008, SEC.470.
IC 20-26-11-13 Determination of transfer tuition
Sec. 13. (a) As used in this section, the following terms have the
following meanings:
(1) "Class of school" refers to a classification of each school or
program in the transferee corporation by the grades or special
programs taught at the school. Generally, these classifications
are denominated as kindergarten, elementary school, middle
school or junior high school, high school, and special schools
or classes, such as schools or classes for special education,
career and technical education, or career education.
(2) "Special equipment" means equipment that during a school
year:
(A) is used only when a child with disabilities is attending
school;
(B) is not used to transport a child to or from a place where
the child is attending school;
(C) is necessary for the education of each child with
disabilities that uses the equipment, as determined under the
individualized education program for the child; and
(D) is not used for or by any child who is not a child with
disabilities.
(3) "Student enrollment" means the following:
(A) The total number of students in kindergarten through
grade 12 who are enrolled in a transferee school corporation
on a date determined by the state board.
(B) The total number of students enrolled in a class of
school in a transferee school corporation on a date
determined by the state board.
However, a kindergarten student shall be counted under clauses
(A) and (B) as one-half (1/2) student. The state board may
select a different date for counts under this subdivision.
However, the same date shall be used for all school
corporations making a count for the same class of school.
(b) Each transferee corporation is entitled to receive for each
school year on account of each transferred student, except a student
transferred under section 6 of this chapter, transfer tuition from the
transferor corporation or the state as provided in this chapter.
Transfer tuition equals the amount determined under STEP THREE
of the following formula:
STEP ONE: Allocate to each transfer student the capital
expenditures for any special equipment used by the transfer
student and a proportionate share of the operating costs incurred
by the transferee school for the class of school where the
transfer student is enrolled.
STEP TWO: If the transferee school included the transfer
student in the transferee school's ADM for a school year,
allocate to the transfer student a proportionate share of the
following general fund revenues of the transferee school for,
except as provided in clause (C), the calendar year in which the
school year ends:
(A) State tuition support distributions.
(B) Property tax levies under IC 20-45-7 and IC 20-45-8.
(C) Excise tax revenue (as defined in IC 20-43-1-12)
received for deposit in the calendar year in which the school
year begins.
(D) Allocations to the transferee school under IC 6-3.5.
STEP THREE: Determine the greater of:
(A) zero (0); or
(B) the result of subtracting the STEP TWO amount from
the STEP ONE amount.
If a child is placed in an institution or facility in Indiana by or with
the approval of the department of child services, the institution or
facility shall charge the department of child services for the use of
the space within the institution or facility (commonly called capital
costs) that is used to provide educational services to the child based
upon a prorated per student cost.
(c) Operating costs shall be determined for each class of school
where a transfer student is enrolled. The operating cost for each class
of school is based on the total expenditures of the transferee
corporation for the class of school from its general fund expenditures
as specified in the classified budget forms prescribed by the state
board of accounts. This calculation excludes:
(1) capital outlay;
(2) debt service;
(3) costs of transportation;
(4) salaries of board members;
(5) contracted service for legal expenses; and
(6) any expenditure that is made from extracurricular account
receipts;
for the school year.
(d) The capital cost of special equipment for a school year is equal
to:
(1) the cost of the special equipment; divided by
(2) the product of:
(A) the useful life of the special equipment, as determined
under the rules adopted by the state board; multiplied by
(B) the number of students using the special equipment
during at least part of the school year.
(e) When an item of expense or cost described in subsection (c)
cannot be allocated to a class of school, it shall be prorated to all
classes of schools on the basis of the student enrollment of each class
in the transferee corporation compared with the total student
enrollment in the school corporation.
(f) Operating costs shall be allocated to a transfer student for each
school year by dividing:
(1) the transferee school corporation's operating costs for the
class of school in which the transfer student is enrolled; by
(2) the student enrollment of the class of school in which the
transfer student is enrolled.
When a transferred student is enrolled in a transferee corporation for
less than the full school year of student attendance, the transfer
tuition shall be calculated by the part of the school year for which the
transferred student is enrolled. A school year of student attendance
consists of the number of days school is in session for student
attendance. A student, regardless of the student's attendance, is
enrolled in a transferee school unless the student is no longer entitled
to be transferred because of a change of residence, the student has
been excluded or expelled from school for the balance of the school
year or for an indefinite period, or the student has been confirmed to
have withdrawn from school. The transferor and the transferee
corporation may enter into written agreements concerning the
amount of transfer tuition due in any school year. If an agreement
cannot be reached, the amount shall be determined by the state board,
and costs may be established, when in dispute, by the state board of
accounts.
(g) A transferee school shall allocate revenues described in
subsection (b) STEP TWO to a transfer student by dividing:
(1) the total amount of revenues received; by
(2) the ADM of the transferee school for the school year that
ends in the calendar year in which the revenues are received.
However, for state tuition support distributions or any other state
distribution computed using less than the total ADM of the transferee
school, the transferee school shall allocate the revenues to the
transfer student by dividing the revenues that the transferee school
is eligible to receive in a calendar year by the student count used to
compute the state distribution.
(h) Instead of the payments provided in subsection (b), the
transferor corporation or state owing transfer tuition may enter into
a long term contract with the transferee corporation governing the
transfer of students. The contract may:
(1) be entered into for a period of not more than five (5) years
with an option to renew;
(2) specify a maximum number of students to be transferred;
and
(3) fix a method for determining the amount of transfer tuition
and the time of payment, which may be different from that
provided in section 14 of this chapter.
(i) A school corporation may negotiate transfer tuition agreements
with a neighboring school corporation that can accommodate
additional students. Agreements under this section may:
(1) be for one (1) year or longer; and
(2) fix a method for determining the amount of transfer tuition
or time of payment that is different from the method, amount,
or time of payment that is provided in this section or section 14
of this chapter.
A school corporation may not transfer a student under this section
without the prior approval of the child's parent. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.130;
P.L.1-2007, SEC.144; P.L.234-2007, SEC.105; P.L.146-2008,
SEC.471.
IC 20-26-11-14 Estimated transfer tuition payments; statements of amount;
method of payment
Sec. 14. (a) Not later than March 1, a school corporation shall
estimate the:
(1) transfer tuition payments that the school corporation is
required to pay for students transferring from the school
corporation; and
(2) transfer tuition payments that the school corporation is
entitled to receive on behalf of students transferring to the
school corporation.
A school corporation shall send a preliminary statement of the
amount of transfer tuition due to the state agency and to any school
corporation that owes transfer tuition to the school corporation.
(b) Not later than October 1 following the end of a school year, a
school corporation shall send a final statement of the amount of
transfer tuition due to the state agency and to any school corporation
that owes transfer tuition to the school corporation.
(c) A statement sent under subsection (a) or (b) must include the
following:
(1) A statement, to the extent known, of all transfer tuition costs
chargeable to the state or school corporation for the school year
ending in the current calendar year.
(2) A statement of any transfer tuition costs chargeable to the
state or school corporation and not previously billed for the
school year ending in the immediately preceding calendar year.
(3) A statement of any transfer tuition costs previously billed to
the state or school corporation and not yet paid.
(d) Transfer tuition for each school year shall be paid by the
transferor corporation or state, if the entity is obligated to pay the
tuition, in not more than four (4) installments. These installments
must be paid not later than October 30, January 10, April 10, and
July 10 following the school year in which the obligation is incurred,
unless another schedule is mutually agreed upon.
(e) Payment of operating costs shall be paid from and receipted to
the respective general funds of the transferor and transferee
corporations. Payment of capital costs shall be made by the transferor
corporation at its discretion from any fund or source and shall be
receipted by the transferee corporation at its discretion either to the
capital projects fund or to the debt service fund, or if the transferee
corporation has neither of these two (2) funds, to its general fund. As added by P.L.1-2005, SEC.10.
IC 20-26-11-15 Determination by state board
Sec. 15. (a) The state board shall hear the following:
(1) All appeals from an order expelling a child under
IC 20-33-8-17.
(2) All appeals provided in this chapter.
(3) All disputes on the following:
(A) Legal settlement.
(B) Right to transfer.
(C) Right to attend school in any school corporation.
(D) Amount of transfer tuition.
(E) Any other matter arising under this chapter.
The board shall hold a hearing on the timely written application of
any interested party.
(b) The state board shall make its determination under the
following procedure:
(1) A hearing shall be held on each matter presented.
(2) Each interested party, including where appropriate, the
parents, the student, the transferor corporation, the transferee
corporation, or the state, shall be given at least ten (10) days
notice of the hearing by certified mail or by personal delivery.
(3) The date of giving the notice is the date of mailing or
delivery.
(4) Any interested party may appear at the hearing in person or
by counsel, present evidence, cross-examine witnesses, and
present in writing or orally summary statements of position.
(5) A written or recorded transcript of the hearing shall be
made.
(6) The hearing may be held by the state board or by a hearing
examiner appointed by it who must be a state employee.
(7) The hearing, at the option of the state board or hearing
examiner, may be held at any place in Indiana.
(8) The hearing examiner shall make written findings of fact
and recommendations.
(9) The determination of the state board must be made on the
basis of the record, summaries, and findings, but it is required
to examine only those parts of the entire record as it considers
necessary.
(c) The hearing and proceedings are not governed by IC 4-21.5.
(d) The determination of the state board is final and binding on
the parties to the proceeding.
(e) A notice of the state board's determination shall be mailed to
each party by certified mail. An action to contest the validity of the
decision may not be instituted more than thirty (30) days after the
mailing of the notice. As added by P.L.1-2005, SEC.10.
IC 20-26-11-16 Rules of implementation and enforcement; award to prevailing
school corporation
Sec. 16. (a) The provisions to implement this chapter, including:
(1) the calculation of transfer tuition;
(2) the credits for state distribution; and
(3) the time in the year when requests for transfer must be filed;
shall be implemented by rules adopted by the state board.
(b) The state board shall adopt rules for the enforcement of the
payment of transfer tuition. The enforcement may include
withholding state support from the transferor corporation for the
benefit of the transferee corporation, charging interest, penalties for
late payment, and the costs of collection.
(c) If a school corporation prevails at the final adjudication of:
(1) an administrative proceeding under this chapter; or
(2) a lawsuit against a school corporation;
to compel payment of transfer tuition owed by the school corporation
under this chapter, the administrative body or the court shall award
to the prevailing party the transfer tuition owed, if any, plus
reasonable attorney's fees and interest as provided by law. As added by P.L.1-2005, SEC.10. IC 20-26-11-17 Tuition support reporting requirements
Sec. 17. (a) Each year before the date specified in the rules
adopted by the state board, a school corporation shall report the
information specified in subsection (b) for each student:
(1) for whom tuition support is paid by another school
corporation;
(2) for whom tuition support is paid by the state; and
(3) who is enrolled in the school corporation but has the
equivalent of a legal settlement in another state or country;
to the department.
(b) Each school corporation shall provide the following
information for each school year for each category of student
described in subsection (a):
(1) The amount of tuition support and other support received for
the students described in subsection (a).
(2) The operating expenses, as determined under section 13 of
this chapter, incurred for the students described in subsection
(a).
(3) Special equipment expenditures that are directly related to
educating students described in subsection (a).
(4) The number of transfer students described in subsection (a).
(5) Any other information required under the rules adopted by
the state board after consultation with the office of the secretary
of family and social services.
(c) The information required under this section shall be reported
in the format and on the forms specified by the state board.
(d) Not later than November 30 of each year the department shall
compile the information required from school corporations under this
section and submit the compiled information in the form specified by
the office of the secretary of family and social services to the office
of the secretary of family and social services.
(e) Not later than December 31 of each year, the office of the
secretary of family and social services shall submit a report to the
members of the budget committee and the executive director of the
legislative services agency that compiles and analyzes the
information required from school corporations under this section.
The report must identify the types of state and local funding changes
that are needed to provide adequate state and local money to educate
transfer students. A report submitted under this subsection to the
executive director of the legislative services agency must be in an
electronic format under IC 5-14-6. As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,
SEC.472.
IC 20-26-11-18 Joint liability of health care facility or child care institution for
transfer tuition
Sec. 18. (a) If a student:
(1) has legal settlement in the attendance area of a school
corporation in another state, when legal settlement is
determined without regard to the appointment of a guardian in
Indiana solely to facilitate the placement of the student in a
facility described in subdivision (2);
(2) is placed in a state licensed private or public health care
facility, private or public child care institution, or treatment
center in Indiana by:
(A) the parent of the student; or
(B) a governmental entity in another state; and
(3) is enrolled in a school corporation in Indiana;
the state licensed private or public health care facility, private or
public child care institution, or treatment center where the student is
placed, regardless of when the student is placed, is jointly liable with
the person placing the student for transfer tuition under this chapter.
(b) Notwithstanding subsection (a), a sole proprietorship, a
partnership, an association, a corporation, a limited liability
company, a fiduciary, an individual who is not the student's parent,
or another entity in Indiana that accepts the placement of a student
who:
(1) has legal settlement in the attendance area of a school
corporation in another state; and
(2) is enrolled in a school corporation in Indiana;
is the guarantor for the student's transfer tuition under this chapter
unless there is another guarantor. The state board shall hear all
appeals under this subsection in accordance with section 15 of this
chapter. As added by P.L.1-2005, SEC.10.
IC 20-26-11-19 Court ordered transfers; application
Sec. 19. (a) This section through section 29 of this chapter
concern the transfer of students for education from one (1) school
corporation (transferor corporation) to another school corporation
(transferee corporation) in compliance with a court order as
described in this section. This chapter applies solely in a situation
where a court of the United States or of Indiana in a suit to which the
transferor or transferee corporation or corporations are parties has
found the following:
(1) A transferor corporation has violated the equal protection
clause of the Fourteenth Amendment to the Constitution of the
United States by practicing de jure racial segregation of the
students within its borders.
(2) A unitary school system within the meaning of the
Fourteenth Amendment cannot be implemented within the
boundaries of the transferor corporation.
(3) The Fourteenth Amendment compels the court to order a
transferor corporation to transfer its students for education to
one (1) or more transferee corporations to effect a plan of
desegregation in the transferor corporation that is acceptable
within the meaning of the Fourteenth Amendment.
(b) This chapter does not apply until all appeals from the order,
whether taken by the transferor corporation, any transferee
corporation or any party to the action, have been exhausted or the
time for taking the appeals has expired, except where all stays of a
transfer order pending appeal or further court action have been
denied. As added by P.L.1-2005, SEC.10.
IC 20-26-11-20 Court ordered transfers; definitions
Sec. 20. (a) As used in sections 19 through 29 of this chapter,
"class of school" refers to a classification of each school in the
transferee corporation by the grades taught therein (generally
denominated as elementary schools, middle schools or junior high
schools, high schools, and special schools such as schools for special
education, career and technical education, or career education).
Elementary schools include schools containing kindergarten, but for
purposes of this chapter, a kindergarten student shall be counted as
one-half (1/2) student.
(b) As used in sections 19 through 29 of this chapter, "transferee
corporation" means the school corporation receiving students under
a court order described in section 19 of this chapter.
(c) As used in sections 19 through 29 of this chapter, "transferor
corporation" means the school corporation transferring students
under a court order described in section 19 of this chapter.
(d) As used in sections 19 through 29 of this chapter, "transferred
student" means any student transferred under a court order described
in section 19 of this chapter. As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.131;
P.L.234-2007, SEC.106.
IC 20-26-11-21 Court ordered transfers; governing body of transferee corporation
Sec. 21. (a) The governing body of a transferee corporation may
add two (2) members, one (1) of whom must be a resident of the
contributing geographic area within the transferor corporation from
which students are being bused, to the transferee corporation's
governing body for each transferor corporation that the transferee
corporation serves. These members are in addition to the number of
members of the governing body who are residents of the transferee
corporation.
(b) Each member who is a resident of a contributing transferor
corporation added to the governing body of a transferee corporation
by this section:
(1) shall be elected by a majority of all registered and eligible
voters who vote in each applicable school board election in the
school corporation;
(2) must have the same qualifications, other than residency or
property ownership, that are required for a member of the
governing body who is a resident of the transferee corporation;
and
(3) serves for the same number of years as members of the
governing body who are residents of the transferee corporation.
(c) The members of the governing body of the transferee
corporation shall appoint by majority vote the first additional
members of a governing body under this section. The members
appointed under this subsection serve until replacement members are
elected under subsections (d) and (e).
(d) The first elected members of a governing body from a
transferor corporation shall be elected at the first election after the
members are added under subsection (a):
(1) that occurs in the transferor corporation; and
(2) where one (1) or more members of the governing body of
the transferor corporation are elected.
The election shall be conducted in the manner required by law for the
conduct of elections of governing bodies of school corporations.
(e) This subsection applies to an additional member of a
governing body appointed under subsection (c) to whom subsection
(d) does not apply. The first additional elected member of a
governing body must be elected at the first election after the
members are added under subsection (a) where one (1) or more
members of the governing body of the transferee corporation are
elected. The election
