C125 Determination of Legal Settlement and Eligibility for Enrollment of Students Without Legal Settlement in the Corporation

The Corporation will educate, tuition free, students who have legal settlement in the Corporation, and students enrolled according to the requirements of I.C. 20-26-11.

A.

Children of Divorced Parents

1.  Children of divorced parents may attend school in this District if one (1) parent resides in this District and a timely election is made utilizing the "Custodial Statement and Agreement: Divorce, Separation, or Abandonment" form provided by the Indiana State Board of Education.

2. Not later than fourteen (14) days before the first student day of the school year for which the parent seeks enrollment, the parent with physical custody of the child must notify the Board of School Trustees Superintendent of the school corporation in which the parents seek to have the student enrolled of their election to enroll the child in the District. The election may be for no less than one (1) school year.

B.

A student who has been expelled from another school district or who is expelled from a nonpublic school or withdraws from a public or a nonpublic school to avoid expulsion may be enrolled in the District in compliance with I.C. 20-33-8-20 during the actual or proposed expulsion if:

1. The student’s parent informs the District of the student’s expulsion or withdrawal to avoid expulsion;

2. The District consents to the student’s enrollment;

3. The student agrees to the terms and conditions of enrollment established by the District.

Such students will not be charged tuition unless otherwise required by law if they do not have legal settlement in the District.

If a student’s parent fails to inform the District of the expulsion or withdrawal to avoid expulsion or the student fails to follow the terms and conditions established for enrollment, the District may withdraw consent and prohibit the student’s enrollment during the period of the actual or proposed expulsion. Before consent is withdrawn, the student must be given an opportunity for an informal meeting with the principal. At the informal meeting, the student is entitled to:

1. A written or verbal statement of the reasons for the withdrawal of consent

2. A summary of the evidence against him/her.

3. An opportunity to explain his/her conduct.

C. Nonresident students may be accepted into the Summer School Program provided by this District.
D.

Transfer Students

Except as provided below for capacity, discipline, or attendance issues, students without legal settlement in the Corporation (hereafter referred to as "transfer students") will be enrolled in compliance with I.C. 20-26-11-32 and the following procedure:

A. The Corporation will establish the number of transfer students that can be accepted in each building and grade level.

B. The Corporation will establish a date by which requests to enroll a transfer student must be submitted to the Superintendent or designee. This date shall be submitted to the Indiana Department of Education and published on the Corporation Internet website.

C. Requests to enroll a student without legal settlement in the Corporation shall  not be denied if the student to be transferred:

 

1. has been enrolled in the Corporation in the prior school year;

2. is a member of a household in which any other member of the household is a student in the Corporation; or

3. has a parent who (1) is a current employee of the Corporation; (2) has an annual salary of at least eight thousand dollars ($8,000); and (3) resides in Indiana.

 

D. If the number of requests to transfer exceeds the capacity established by the Corporation, reduced by the number of transfers that will be given priority as described in paragraph (C) above, the students to be enrolled in each building and grade level shall be determined by a publicly verifiable random selection process in which each application submitted on or before the date established by the Corporation pursuant to paragraph (A) above has an equal chance of being selected.

Pursuant to State law, a student’s application to transfer to the Corporation may be denied if the student has been suspended for ten (10) or more school days, or suspended or expelled for possession of a firearm, deadly weapon, or a destructive device, causing physical injury to a person, a violation of the Corporation’s drug or alcohol rules during the twelve (12) months preceding the student’s request to transfer, or if the student has had a history of unexcused absences and the Corporation believes that, based upon the location of the student's residence, attendance would be a problem for the student if the student is enrolled with the Corporation.

For purposes of computing the number of days of suspension of the student requesting enrollment, student discipline received from a teacher pursuant to I.C. 20-33-8-25(b)(7) shall be included in the calculation of the number of school days that a student has been suspended.

Transportation will not be provided by the School Corporation for transfer students accepted for enrollment, unless the transfer student has an Individualized Education Program (IEP) in which transportation is required to be provided as a related service.

No transfer student shall be accepted for enrollment for athletic reasons.

Transfer students will not be charged unless otherwise required by law.

I.C. 20-26-11
I.C. 20-26-11-32
I.C. 20-33-8-25(b)(7)

Adopted/Revised: November 18, 2019