School transfers., the official text

First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1064

   AN ACT to amend the Indiana Code concerning education.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 20-26-11-30, AS AMENDED BY P.L.205-2013,
SECTION 245, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: 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

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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.

   SECTION 2. IC 20-26-11-32, AS AMENDED BY P.L.92-2020,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 32. (a) This section does not apply to a school
corporation if the governing body has adopted a policy of not accepting
the transfer of any student who does not have legal settlement within
the school corporation.

   (b) The governing body of a school corporation shall annually
establish:

      (1) except as provided in subsection (m), (l), the number of
      transfer students the school corporation has the capacity to accept
      in each grade level; and
      (2) the date by which requests to transfer into the school
      corporation must be received by the governing body.
   (c) After establishing the date under subsection (b)(2), the
governing body shall:
      (1) publish the date on the school corporation's Internet web site;
      website; and
      (2) report the date to the department.
   (d) The department shall publish the dates received from school
corporations under subsection (c)(2) on the department's Internet web
site. website.
   (e) A student to whom this section applies may not request to
transfer under this section primarily for athletic reasons to a school
corporation in which the student does not have legal settlement.
   (f) (e) If the number of requests to transfer into a school corporation
received by the date established for the school corporation under
subsection (b)(2) exceeds the capacity established for the school
corporation under subsection (b)(1), each timely request must be given
an equal chance to be accepted, with the exception that a student
described in subsection (h) (g) 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 using a publicly verifiable random selection process.
   (g) (f) Except as provided in subsections (i), (j), (k), and (m), (h),
(i), (j), and (l), the governing body of a school corporation may not
deny a request for a student to transfer into the school corporation
based upon the student's academic record, scores on statewide
assessment program tests, disciplinary record, or disability, or upon any

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other factor not related to the school corporation's capacity.
   (h) (g) Except as provided in subsections (i), (j), and (k), (h), (i),

and (j), the governing body of a school corporation may not deny a
request for a student to transfer into the school corporation if the
student requesting to transfer:

      (1) is a member of a household in which any other member of the
      household is a student in the transferee school; or
      (2) has a parent who is an employee of the school corporation.
   (i) (h) A governing body of a school corporation may limit the
number of new transfers to a school building or grade level in 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 (h) (g) to attend a
      school within the school corporation.
   (j) (i) Notwithstanding subsections (f), (g), and (h), (e), (f), and (g),
a governing body of a school corporation may deny a request for a
student to transfer to the school corporation or may discontinue
enrollment currently or in a subsequent school year, or establish terms
or conditions for enrollment or for continued enrollment in a
subsequent school year, if:
      (1) 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:

         (A) for ten (10) or more school days;
         (B) for a violation under IC 20-33-8-16;
         (C) for causing physical injury to a student, a school employee,
         or a visitor to the school; or
         (D) for a violation of a school corporation's drug or alcohol
         rules; or
      (2) the student has had a history of unexcused absences and the
      governing body of the school 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 school
      corporation.
For purposes of subdivision (1)(A), student discipline received under
IC 20-33-8-25(b)(7) for a violation described in subdivision (1)(B)
through (1)(D) shall be included in the calculation of the number of
school days that a student has been suspended.
   (k) (j) The governing body of a school corporation with a school

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building that offers a special curriculum may require a student who
transfers to the school building to meet the same eligibility criteria
required of all students who attend the school building that offers the
special curriculum.

   (l) (k) 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 (j). (i).

   (m) (l) Notwithstanding this section, the governing body of a school
corporation may authorize the school corporation to enter into an
agreement with a state accredited nonpublic school or charter school
to allow students of the state accredited nonpublic school or charter
school to transfer to a school within the school corporation.

   (n) (m) A school corporation that has adopted a policy to not accept
student transfers after June 30, 2013, is not prohibited from enrolling
a:

      (1) transfer student who attended a school within the school
      corporation during the 2012-2013 school year; or
      (2) member of a household in which any other member of the
      household was a transfer student who attended a school within the
      school corporation during the 2012-2013 school year.
However, if a school corporation enrolls a student described in
subdivision (1) or (2), the school corporation shall also allow a student
or member of the same household of a student who attended a state
accredited nonpublic school within the attendance area of the school
corporation during the 2012-2013 school year to enroll in a school
within the school corporation.
   SECTION 3. IC 20-26-11-33, AS ADDED BY P.L.127-2016,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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) 32(f), 32(g), 32(i), 32(j), and 32(k) of this chapter.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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