Introduced Version
HOUSE BILL No. 1381
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-18-2-24; IC 20-26.
Synopsis: Public school transfers. Requires the governing body of a
school corporation to establish the number of transfer students the
school corporation has the capacity to accept in each school building
and grade level. Requires the governing body to establish a date by
which transfer requests must be received. Provides that, with certain
exceptions, a governing body may not deny a request to transfer from
another school corporation to a school within the school corporation or
between two schools within the school corporation for any reason other
than capacity. Requires the governing body to publish the deadline for
transfer requests on the school corporation's Internet web site and to
report the deadline to the department of education. Requires the
department of education to publish school corporations' transfer request
deadlines on the department's Internet web site. Provides that if the
number of transfer requests a school corporation receives exceeds the
school's capacity, admissions must be determined by a random drawing
at a public meeting. Allows a governing body to limit the number of
transfers to a particular school building or grade level to ensure that a
student who has already transferred to a school may continue attending
the same school and to allow the members of the same household as a
transfer student to attend a particular school. Allows a governing body
to deny a request for a student to transfer, or to establish terms and
conditions for enrollment that prevent a student from enrolling, if the
student was suspended in the twelve months preceding the student's
request to transfer: (1) for 10 or more school days; (2) for causing a
physical injury; (3) for possession of a firearm; or (4) for a violation of
drug or alcohol rules. Provides that for purposes
of determining a
(Continued next page)
Effective: July 1, 2013.
Karickhoff, Clere, Mahan, Austin
January 22, 2013, read first time and referred to Committee on Education.
Digest Continued
school's graduation rate, if a student would be unable to graduate on
time, the student shall be included in the cohort for students in the
transferee school who are in the current grade level as the transferring
student.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
HOUSE BILL No. 1381
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-18-2-24; (13)IN1381.1.1. -->
SECTION 1. IC 20-18-2-24, AS ADDED BY P.L.1-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 24. (a) "Transfer", for purposes of this title
(except IC 20-26-11-32), with respect to a student refers to the
situation in which the student, for all or part of the student's education,
attends school in a public school of a school corporation other than the
school corporation in which the student has legal settlement.
(b) "Transfer", for purposes of IC 20-26-11-32, with respect to
a student refers to the situation in which the student, for all or part
of the student's education, attends school in a public school:
(1) of a school corporation other than the school corporation
in which the student has legal settlement; or
(2) within the school corporation in which the student resides,
but not the public school with the attendance area in which
the student resides.
SOURCE: IC 20-26-11-32; (13)IN1381.1.2. -->
SECTION 2. IC 20-26-11-32 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 32. (a) The governing body of a
school corporation shall annually establish:
(1) the number of transfer students the school corporation has
the capacity to accept in each:
(A) school building; and
(B) grade level within each school building; and
(2) the date by which requests to transfer into or within the
school corporation must be received by the governing body.
(b) After establishing the date under subsection (a)(2), the
governing body shall:
(1) publish the date on the school corporation's Internet web
site; and
(2) report the date to the department.
(c) The department shall publish the dates received from school
corporations under subsection (b)(2) on the department's Internet
web site.
(d) If the number of requests to transfer into or within a school
corporation received by the date established for the school
corporation under subsection (a)(2) exceeds the capacity
established for the school corporation under subsection (a)(1), each
timely request must be given an equal chance to be accepted, with
the exception that a student described in subsection (f) shall be
given priority. The governing body must determine which students
will be admitted as transfer students to each school building and
each grade level within the school corporation by a random
drawing in a public meeting.
(e) Except as provided in subsections (g) and (h), the governing
body of a school corporation may not deny a request for a student
to transfer into or within the school corporation based upon the
student's academic record, scores on ISTEP tests, disciplinary
record, or disability, or upon any other factor not related to the
school corporation's capacity.
(f) Except as provided in subsections (g) and (h), the governing
body of a school corporation may not deny a request for a student
to transfer into or within the school corporation if the student
requesting to transfer is a member of a household in which any
other member of the household is a student in the transferee
school.
(g) A governing body of a school corporation may limit the
number of new transfers to a school building or grade level within
the school corporation:
(1) to ensure that a student who attends a school within the
school corporation as a transfer student during a school year
may continue to attend the school in subsequent school years;
and
(2) to allow a student described in subsection (f) to attend a
school within the school corporation.
(h) Notwithstanding subsections (e) and (f), a governing body of
a school corporation may deny a request for a student to transfer
to or within the school corporation, or establish terms or
conditions for enrollment that prevent a student from enrolling in
a school if the student has been suspended (as defined in
IC 20-33-8-7) or expelled (as defined in IC 20-33-8-3) during the
twelve (12) months preceding the student's request to transfer
under this section:
(1) for ten (10) or more school days. For purposes of this
clause, student discipline received under IC 20-33-8-25(b)(7)
for a violation described in subdivisions (2) through (4) shall
be included in the calculation of the number of school days
that a student has been suspended;
(2) for a violation under IC 20-33-8-16;
(3) for causing physical injury to a student, a school employee,
or a visitor to the school; or
(4) for a violation of a school corporation's drug or alcohol
rules.
(i) The parent of a student for whom a request to transfer is
made is responsible for providing the school corporation to which
the request is made with records or information necessary for the
school corporation to determine whether the request to transfer
may be denied under subsection (h).
(j) This subsection applies to a student who transfers at least one
(1) year after the reporting year in which the student is first
considered by a school corporation to have entered grade 9. If, at
the time the student transfers, the student would be unable to
graduate in the student's expected graduation year even if the
student, after transferring, were to successfully complete the
courses necessary for the student to graduate, the student shall be
considered for purposes of determining the student's cohort under
IC 20-26-13, as a member of the cohort for students at the
transferee school who are in the current grade level as the student
at the time the student transfers to the school.
SOURCE: IC 20-26-13-2; (13)IN1381.1.3. -->
SECTION 3. IC 20-26-13-2, AS AMENDED BY P.L.229-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. As used in this chapter, "cohort" refers to,
except as provided in IC 20-26-11-32(j), a class of students who:
(1) attend the same high school; and
(2) are first considered to have entered grade 9 in the same year.