Indiana 2024 Regular Session

Indiana House Bill HB1241 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1241
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26-11.
7	7	Synopsis: Military student transfers. Defines "military student".
8	8	Provides that the parent or guardian of a military student may request
9	9	a transfer from a school corporation in which the military student has
10	10	a legal settlement to another school corporation. Provides that a request
11	11	to transfer must be made under certain conditions. Requires a school
12	12	corporation to approve a transfer request from a military student.
13	13	Effective: July 1, 2024.
14	14	Miller D, Bartels
15	15	January 9, 2024, read first time and referred to Committee on Education.
16	16	2024 IN 1241—LS 6207/DI 143 Introduced
17	17	Second Regular Session of the 123rd General Assembly (2024)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2023 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1241
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	education.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 20-26-11-32, AS AMENDED BY P.L.92-2020,
32	32	2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2024]: Sec. 32. (a) This section does not apply to a school
34	34	4 corporation if the governing body has adopted a policy of not accepting
35	35	5 the transfer of any student who does not have legal settlement within
36	36	6 the school corporation.
37	37	7 (b) The governing body of a school corporation shall annually
38	38	8 establish:
39	39	9 (1) except as provided in subsection (m), the number of transfer
40	40	10 students the school corporation has the capacity to accept in each
41	41	11 grade level; and
42	42	12 (2) the date by which requests to transfer into the school
43	43	13 corporation must be received by the governing body.
44	44	14 (c) After establishing the date under subsection (b)(2), the
45	45	15 governing body shall:
46	46	16 (1) publish the date on the school corporation's Internet web site;
47	47	17 and
48	48	2024 IN 1241—LS 6207/DI 143 2
49	49	1 (2) report the date to the department.
50	50	2 (d) The department shall publish the dates received from school
51	51	3 corporations under subsection (c)(2) on the department's Internet web
52	52	4 site.
53	53	5 (e) A student to whom this section applies may not request to
54	54	6 transfer under this section primarily for athletic reasons to a school
55	55	7 corporation in which the student does not have legal settlement.
56	56	8 (f) If the number of requests to transfer into a school corporation
57	57	9 received by the date established for the school corporation under
58	58	10 subsection (b)(2) exceeds the capacity established for the school
59	59	11 corporation under subsection (b)(1), each timely request must be given
60	60	12 an equal chance to be accepted, with the exception that a student
61	61	13 described in subsection (h) shall be given priority. The governing body
62	62	14 must determine which students will be admitted as transfer students to
63	63	15 each school building and each grade level within the school corporation
64	64	16 by using a publicly verifiable random selection process.
65	65	17 (g) Except as provided in subsections (i), (j), (k), and (m), the
66	66	18 governing body of a school corporation may not deny a request for a
67	67	19 student to transfer into the school corporation based upon the student's
68	68	20 academic record, scores on statewide assessment program tests,
69	69	21 disciplinary record, or disability, or upon any other factor not related
70	70	22 to the school corporation's capacity.
71	71	23 (h) Except as provided in subsections (i), (j), and (k), the governing
72	72	24 body of a school corporation may not deny a request for a student to
73	73	25 transfer into the school corporation if the student requesting to transfer:
74	74	26 (1) is a member of a household in which any other member of the
75	75	27 household is a student in the transferee school; or
76	76	28 (2) has a parent who is an employee of the school corporation; or
77	77	29 (3) is a military student (as defined in section 34 of this
78	78	30 chapter).
79	79	31 (i) A governing body of a school corporation may limit the number
80	80	32 of new transfers to a school building or grade level in the school
81	81	33 corporation:
82	82	34 (1) to ensure that a student who attends a school within the school
83	83	35 corporation as a transfer student during a school year may
84	84	36 continue to attend the school in subsequent school years; and
85	85	37 (2) to allow a student described in subsection (h) to attend a
86	86	38 school within the school corporation.
87	87	39 (j) Notwithstanding subsections (f), (g), and (h), a governing body
88	88	40 of a school corporation may deny a request for a student to transfer to
89	89	41 the school corporation or may discontinue enrollment currently or in a
90	90	42 subsequent school year, or establish terms or conditions for enrollment
91	91	2024 IN 1241—LS 6207/DI 143 3
92	92	1 or for continued enrollment in a subsequent school year, if:
93	93	2 (1) the student has been suspended (as defined in IC 20-33-8-7)
94	94	3 or expelled (as defined in IC 20-33-8-3) during the twelve (12)
95	95	4 months preceding the student's request to transfer under this
96	96	5 section:
97	97	6 (A) for ten (10) or more school days;
98	98	7 (B) for a violation under IC 20-33-8-16;
99	99	8 (C) for causing physical injury to a student, a school employee,
100	100	9 or a visitor to the school; or
101	101	10 (D) for a violation of a school corporation's drug or alcohol
102	102	11 rules; or
103	103	12 (2) the student has had a history of unexcused absences and the
104	104	13 governing body of the school corporation believes that, based
105	105	14 upon the location of the student's residence, attendance would be
106	106	15 a problem for the student if the student is enrolled with the school
107	107	16 corporation.
108	108	17 For purposes of subdivision (1)(A), student discipline received under
109	109	18 IC 20-33-8-25(b)(7) for a violation described in subdivision (1)(B)
110	110	19 through (1)(D) shall be included in the calculation of the number of
111	111	20 school days that a student has been suspended.
112	112	21 (k) The governing body of a school corporation with a school
113	113	22 building that offers a special curriculum may require a student who
114	114	23 transfers to the school building to meet the same eligibility criteria
115	115	24 required of all students who attend the school building that offers the
116	116	25 special curriculum.
117	117	26 (l) The parent of a student for whom a request to transfer is made is
118	118	27 responsible for providing the school corporation to which the request
119	119	28 is made with records or information necessary for the school
120	120	29 corporation to determine whether the request to transfer may be denied
121	121	30 under subsection (j).
122	122	31 (m) Notwithstanding this section, the governing body of a school
123	123	32 corporation may authorize the school corporation to enter into an
124	124	33 agreement with a state accredited nonpublic school or charter school
125	125	34 to allow students of the state accredited nonpublic school or charter
126	126	35 school to transfer to a school within the school corporation.
127	127	36 (n) A school corporation that has adopted a policy to not accept
128	128	37 student transfers after June 30, 2013, is not prohibited from enrolling
129	129	38 a:
130	130	39 (1) transfer student who attended a school within the school
131	131	40 corporation during the 2012-2013 school year; or
132	132	41 (2) member of a household in which any other member of the
133	133	42 household was a transfer student who attended a school within the
134	134	2024 IN 1241—LS 6207/DI 143 4
135	135	1 school corporation during the 2012-2013 school year.
136	136	2 However, if a school corporation enrolls a student described in
137	137	3 subdivision (1) or (2), the school corporation shall also allow a student
138	138	4 or member of the same household of a student who attended a state
139	139	5 accredited nonpublic school within the attendance area of the school
140	140	6 corporation during the 2012-2013 school year to enroll in a school
141	141	7 within the school corporation.
142	142	8 SECTION 2. IC 20-26-11-34 IS ADDED TO THE INDIANA
143	143	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
144	144	10 [EFFECTIVE JULY 1, 2024]: Sec. 34. (a) As used in this section,
145	145	11 "active duty" means full-time service in:
146	146	12 (1) the armed forces of the United States; or
147	147	13 (2) the national guard;
148	148	14 for a period that exceeds thirty (30) consecutive days in a calendar
149	149	15 year.
150	150	16 (b) As used in this section, "armed forces of the United States"
151	151	17 means the active or reserve components of:
152	152	18 (1) the Army;
153	153	19 (2) the Navy;
154	154	20 (3) the Air Force;
155	155	21 (4) the Coast Guard;
156	156	22 (5) the Marine Corps;
157	157	23 (6) the Merchant Marine; or
158	158	24 (7) the Space Force.
159	159	25 (c) As used in this section, "military student" refers to a student
160	160	26 who is:
161	161	27 (1) a biological child, adopted child, or stepchild of a person
162	162	28 who is a member of the armed forces of the United States or
163	163	29 national guard on active duty with a residence in Indiana; or
164	164	30 (2) an individual whose legal guardian is a person who is a
165	165	31 member of the armed forces of the United States or national
166	166	32 guard on active duty with a residence in Indiana.
167	167	33 (d) As used in this section, "national guard" means:
168	168	34 (1) the Indiana Army National Guard; or
169	169	35 (2) the Indiana Air National Guard.
170	170	36 (e) The parent or legal guardian of a military student, or the
171	171	37 military student if the military student is at least eighteen (18)
172	172	38 years of age, may request a transfer under this chapter from the
173	173	39 school corporation in which the military student has a legal
174	174	40 settlement to a transferee school corporation in Indiana.
175	175	41 (f) Notwithstanding this chapter, a school corporation shall
176	176	42 accept a transfer request made under subsection (e). The transfer
177	177	2024 IN 1241—LS 6207/DI 143 5
178	178	1 request must be:
179	179	2 (1) made at the times provided under rules adopted by the
180	180	3 state board;
181	181	4 (2) made in writing to the transferor and transferee
182	182	5 corporation; and
183	183	6 (3) immediately sent by the transferor corporation to the
184	184	7 transferee corporation upon receipt of the request.
185	185	8 (g) If the number of students who request to transfer to a
186	186	9 transferee school corporation under this section causes the school
187	187	10 corporation to exceed the school corporation's maximum student
188	188	11 capacity, the governing body shall determine which students will
189	189	12 be admitted as transfer students by random drawing in a public
190	190	13 meeting. However, the governing body of a school corporation
191	191	14 located in a county with a consolidated city shall determine which
192	192	15 students will be admitted by using a publicly verifiable random
193	193	16 selection process.
194	194	17 (h) A school corporation that receives a request to transfer
195	195	18 made under subsection (e) must approve the transfer request
196	196	19 regardless of whether the school corporation has adopted a policy
197	197	20 of not accepting the transfer of any student who does not have legal
198	198	21 settlement within the school corporation.
199	199	22 (i) The secretary of education shall develop forms for the
200	200	23 transfer of a military student.
201	201	24 (j) The transferor school corporation shall assist the parent or
202	202	25 military student in the transfer process.
203	203	2024 IN 1241—LS 6207/DI 143