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.
Structure Indiana Code
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
20-26-11-1. "Residence", "Resides", and Comparable Terms
20-26-11-2.5. Election to Have Legal Settlement
20-26-11-3. Forms Concerning Legal Settlement
20-26-11-4. Student Emancipation
20-26-11-5. Transfer at Request of Parent or Student; Approval; Appeal
20-26-11-6.5. Transfers of Children of School Corporation Employees
20-26-11-6.7. Transfer Agreements; School Corporation and Nonpublic School
20-26-11-7. Transfers; Students With Disabilities
20-26-11-9. Notice of Legal Settlement and Placement
20-26-11-10. Tuition for Children of Certain State Employees and Foreign Exchange Students
20-26-11-11. Tuition for Suspended, Expelled, or Excluded Emotionally Disturbed Students
20-26-11-12. Interstate Transfers
20-26-11-13. Determination of Transfer Tuition
20-26-11-14. Estimated Transfer Tuition Payments; Statements of Amount; Method of Payment
20-26-11-15. Determination by State Board
20-26-11-16. Rules of Implementation and Enforcement; Award to Prevailing School Corporation
20-26-11-17. Tuition Support Reporting Requirements
20-26-11-18. Joint Liability of Health Care Facility or Child Care Institution for Transfer Tuition
20-26-11-30. School Attendance in Former School Corporation
20-26-11-31. State Tuition Support for Certain Students
20-26-11-33. Acceptance of Nonresident Students Into Alternative Education Programs