reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-3. Joint Programs Authorized; Contents of Agreement

Sec. 3. (a) Two (2) or more school corporations acting through their respective governing bodies may engage in joint programs under a written agreement executed by all participating school corporations.
(b) The agreement shall do the following:
(1) Designate the type of purchases, leases, or investments to be made.
(2) Prescribe the manner of approving persons employed under the joint program.
(3) Designate the type of construction, remodeling, or additions to be made on the school buildings.
(4) Provide for the organization, administration, support, funding, and termination of the program, subject to the provisions of this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-2.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-4. Administration and Supervision of Joint Program

Sec. 4. An agreement shall designate one (1) of the participating school corporations to administer and supervise the joint program, including receiving and disbursing funds, executing documents, and maintaining records under this chapter and the agreement between the participating school corporations.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-3.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-5. Teachers Without Prior Service; Employment by Joint Program

Sec. 5. (a) A teacher employed in a joint program who does not have existing years of service in one (1) of the member corporations of the joint program is considered to have been employed as a teacher by the governing body that is administering the joint program at the time that the teacher is first employed by the joint program.
(b) The teacher is entitled to the same rights and privileges as set forth in IC 20-28-6 through IC 20-28-10 as if employed as a regular teacher by the governing body that is administering the joint program at the time that the teacher is first employed by the joint program.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-3.5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-6. Teachers With Prior Service; Employment by Joint Program

Sec. 6. A teacher who has existing years of service in one (1) of the member school corporations of the joint program shall retain the same rights and privileges as set forth in IC 20-28-6 through IC 20-28-10 as if still employed as a teacher in the school corporation in which the teacher has already acquired years of service.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-3.6.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-7. Loss of Joint Program Teaching Jobs

Sec. 7. (a) A teacher who loses the teacher's job in a joint program because of:
(1) a reduction in services;
(2) a reorganization;
(3) the discontinuance of the joint program; or
(4) a withdrawal in whole or in part of a participating school from the joint program;
shall be accorded the same rights that are provided under IC 20-35-5-11 for teachers from special education cooperatives.
(b) A teacher who:
(1) is employed in a joint program under this chapter;
(2) loses the teacher's job in the joint program as described in subsection (a); and
(3) subsequently is employed by a participating school corporation as described in subsection (a);
retains the rights and privileges under IC 20-28-6 through IC 20-28-10 that the teacher held at the time the teacher lost the job in the joint program as described in subdivision (2).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-3.7.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-8. Joint Operations Fund

Sec. 8. (a) The governing bodies of participating school corporations may pay into a joint fund, known as the joint operations fund, an amount set forth in the written agreement under section 3 of this chapter. Each governing body shall budget and appropriate funds for the joint program from the school corporation's operations fund in accordance with laws governing the use of the operations fund.
(b) The joint operations fund shall be held by the governing body of the school corporation designated in the written agreement to administer and supervise the joint program. The designated governing body shall receive, disburse, and maintain an account for the fund in the same manner as prescribed for other funds of the governing body and under the written agreement but without any further or additional appropriation of the funds. The designated governing body shall:
(1) make a complete and detailed financial report of all receipts and disbursements not later than thirty (30) days after the end of each school year; and
(2) furnish copies of the report to the governing bodies of all other participating school corporations.
The reports required under this section are supplementary to and do not supersede or repeal the requirements for publication of annual reports of certain school corporations as provided by IC 5-3-1.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-4.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.129; P.L.244-2017, SEC.49.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-9. Joint Investment Fund; Administration; Designated Depositories

Sec. 9. (a) The governing bodies of participating school corporations may pay into a joint fund, to be known as the joint investment fund, all or part of the money the governing bodies may otherwise invest under IC 5-13-9. The fund shall be administered by the governing body of the school corporation designated in the written agreement under section 3 of this chapter. The designated governing body shall receive, invest, maintain an account for, and disburse the fund in the same manner as prescribed for other funds for the governing body representing money available for investment and in accordance with the written agreement.
(b) With respect to an investment described in IC 5-13-9, quotes may be solicited and received orally, and the investment shall be made with the designated depository that submitted the highest quote. If two (2) or more designated depositories submit the highest quote, the investment shall be made either:
(1) by dividing the investment among the depositories so as not to lose the benefits of the quotes received; or
(2) if division is not practicable, by lot.
(c) The designated depository holding the investment shall remit to the governing body administering the joint program any money due under the investment on the date the investment matures and in the manner directed by the governing body. A designated depository participating in an agreement for joint investment of money under IC 5-13 shall provide a detailed accounting of the transactions as required for audit purposes by the state board of accounts.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-11-5.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-10. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-9-1.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.138.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-11. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-9-2.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015, SEC.139.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 10. Joint Programs and Personnel › 20-26-10-12. Purchasing and Bidding Rules

Sec. 12. The purchasing of equipment, supplies, and materials shall be under the same laws and regulations as the purchasing would be if it were by a single school corporation. However, the bids shall be submitted by the superintendent of county schools to the participating corporations for approval.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-9-3.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 20-8.1-6.1-9 (before its repeal, now codified at section 14 of this chapter) by P.L.260-1997 apply only to school years beginning after June 30, 1996.
As added by P.L.220-2011, SEC.330.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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(a)(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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-1(b).]
As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.1; P.L.38-2020, SEC.5.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-2.5. Election to Have Legal Settlement

Sec. 2.5. (a) In the case of a student described in section 2(a)(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 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) shall be made on a yearly basis and applies throughout the school year unless the student's parent no longer resides within the attendance area of the school corporation.
(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; P.L.219-2015, SEC.2; P.L.38-2020, SEC.7.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-3. Forms Concerning Legal Settlement

Sec. 3. The secretary of education shall prepare the form of agreement to be used under section 2(a)(2) of this chapter and a form to be executed by any individual with whom the student is living under section 2(a)(2), 2(a)(3), 2(a)(4), or 2(a)(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(a)(2), 2(a)(3), 2(a)(4), or 2(a)(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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-1(c).]
As added by P.L.1-2005, SEC.10. Amended by P.L.13-2006, SEC.4; P.L.38-2020, SEC.8; P.L.43-2021, SEC.75.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-4. Student Emancipation

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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-1(d).]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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 secretary of education 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-2.]
As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.3; P.L.43-2021, SEC.76.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-3.]
As added by P.L.1-2005, SEC.10. Amended by P.L.30-2010, SEC.1.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-6.5. Transfers of Children of School Corporation Employees

Sec. 6.5. (a) Notwithstanding this chapter, a school corporation shall accept a transferring student who does not have legal settlement in the school corporation if:
(1) the student's parent is a current employee of the transferee school corporation with an annual salary of at least:
(A) eight thousand dollars ($8,000); or
(B) three thousand dollars ($3,000) earned due to being included as an employee in the extracurricular portion of the transferee school corporation's current collective bargaining agreement;
(2) the student's parent currently resides in Indiana; and
(3) the transferee school corporation has the capacity to accept the student.
(b) If the number of students who request to transfer to a transferee school corporation under this section causes the school corporation to exceed the school corporation's maximum student capacity, the governing body shall determine which students will be admitted as transfer students by random drawing in a public meeting. However, the governing body of a school corporation located in a county with a consolidated city shall determine which students will be admitted by using a publicly verifiable random selection process.
(c) Notwithstanding this chapter and IC 20-43, if a school corporation has adopted a policy of not accepting the transfer of any student who does not have legal settlement within the school corporation, the school corporation may not enroll and may not report for purposes of state tuition support a student under this section whose parent does not meet the requirements described in subsection (a).
As added by P.L.17-2015, SEC.1. Amended by P.L.250-2017, SEC.29; P.L.241-2019, SEC.1; P.L.155-2020, SEC.7.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-6.7. Transfer Agreements; School Corporation and Nonpublic School

Sec. 6.7. (a) This section:
(1) applies to a school corporation that does not have a policy of accepting transfer students having legal settlement outside the attendance area of the transferee school corporation; and
(2) does not apply to a school corporation that has more than one (1) high school.
(b) Notwithstanding this chapter, a school corporation shall accept a transferring student who resides in Indiana and who does not have legal settlement in the school corporation if:
(1) the student attended a state accredited nonpublic elementary school located in the attendance area of the transferee school corporation for at least two (2) school years immediately preceding the school year in which the student transfers to a high school in the transferee school corporation under this section;
(2) the student is transferring because the state accredited nonpublic school from which the student is transferring does not offer grades 9 through 12;
(3) the majority of the students in the same grade as the transferring student at the state accredited nonpublic school have legal settlement in the transferee school corporation and will attend a school under the authority of the transferee school corporation; and
(4) the transferee school corporation has the capacity to accept students.
(c) If the number of students who request to transfer to a transferee school corporation under this section causes the school corporation to exceed the school corporation's maximum student capacity, the governing body shall determine which students will be admitted as transfer students by a random drawing in a public meeting.
As added by P.L.17-2015, SEC.2. Amended by P.L.92-2020, SEC.29.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-4.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-8.5. No Effect of p.l.36-1994 on Rights, Liabilities, Penalties, Crimes, Proceedings Before July 1, 1995, Relating to Paying Transfer Tuition

Sec. 8.5. With regard to the transfer of responsibility for paying transfer tuition for certain students from the county to the school corporation of the student's legal settlement as described in IC 20-8.1-6.1-5 (as amended by P.L.36-1994, before its repeal, now codified at section 8 of this chapter), P.L.36-1994 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1995. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if P.L.36-1994 had not been enacted.
As added by P.L.220-2011, SEC.331.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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 September 1 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-5.5.]
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; P.L.46-2016, SEC.1.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-6.]
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2007, SEC.212.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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 current ADM or any other student count in which the student is included, if the transferee corporation includes the student in the transferee corporation's current ADM for the period in which the student is being educated by the nonprofit corporation.
(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 current 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 the period in which the student is being educated by the nonprofit corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-6.1.]
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; P.L.205-2013, SEC.241.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-7.]
As added by P.L.1-2005, SEC.10. Amended by P.L.145-2006, SEC.150; P.L.146-2008, SEC.470.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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 operations funds of the transferor and transferee corporations. Payment of capital costs shall be made by the transferor corporation at its discretion from the operations fund or debt service fund and shall be receipted by the transferee corporation either to the operations fund or to the debt service fund in the same proportion as the payments were made from each fund.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-9.]
As added by P.L.1-2005, SEC.10. Amended by P.L.244-2017, SEC.51.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-10.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-11.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-12.]
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008, SEC.472.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-13.]
As added by P.L.1-2005, SEC.10.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-28. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.5-9.]
As added by P.L.1-2005, SEC.10. Repealed by P.L.2-2006, SEC.199.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-30. School Attendance in Former School Corporation

Sec. 30. (a) This section applies to a student who resided in a school corporation where the student had legal settlement for at least two (2) consecutive school years immediately before moving to an adjacent school corporation.
(b) A school corporation in which a student had legal settlement for at least two (2) consecutive years as described in subsection (a):
(1) shall allow the student to attend an appropriate school within the school corporation in which the student formerly resided;
(2) may not request the payment of transfer tuition for the student from the school corporation in which the student currently resides and has legal settlement or from the student's parent; and
(3) shall include the student in the school corporation's current ADM;
if the principal and superintendent in both school corporations jointly agree to enroll the student in the school.
(c) If a student enrolls under this section in a school described in subsection (b)(1), the student's parent must provide for the student's transportation to school.
(d) A student to whom this section applies may not enroll primarily for athletic reasons in a school in a school corporation in which the student does not have legal settlement. However, a decision to allow a student to enroll in a school corporation in which the student does not have legal settlement is not considered a determination that the student did not enroll primarily for athletic reasons.
As added by P.L.133-2008, SEC.2. Amended by P.L.205-2013, SEC.245.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-31. State Tuition Support for Certain Students

Sec. 31. (a) This section applies to a school corporation and to a charter school that enrolls a student who has legal settlement in another school corporation for the purpose of the student receiving services from a state accredited nonpublic alternative high school described in IC 20-31-4.1-2(c).
(b) A school corporation or a charter school is entitled to receive state tuition support for a student described in subsection (a) in an amount equal to:
(1) the amount received by the school corporation or charter school in which the student is enrolled for ADM purposes; or
(2) the amount received by the school corporation in which the student has legal settlement;
whichever is greater.
As added by P.L.65-2012, SEC.3. Amended by P.L.251-2017, SEC.4; P.L.92-2020, SEC.30; P.L.155-2020, SEC.8; P.L.32-2021, SEC.52.
2023 Indiana Code › Title 20. Education › Article 26. School Corporations: General Administrative Provisions › Chapter 11. Legal Settlement and Transfer of Students; Transfer Tuition › 20-26-11-33. Acceptance of Nonresident Students Into Alternative Education Programs

Sec. 33. (a) Notwithstanding a policy adopted under section 32(a) of this chapter, a school corporation may accept a student who does not have legal settlement in the school corporation into an alternative education program (as defined in IC 20-30-8-1).
(b) A school corporation that accepts students under subsection (a) is not subject to the requirements set forth in section 32 of this chapter other than those requirements set forth in section 32(g), 32(h), 32(j), 32(k), and 32(l) of this chapter.
As added by P.L.127-2016, SEC.17.