Introduced Version
HOUSE BILL No. 1241
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-11.
Synopsis: Military student transfers. Defines "military student".
Provides that the parent or guardian of a military student may request
a transfer from a school corporation in which the military student has
a legal settlement to another school corporation. Provides that a request
to transfer must be made under certain conditions. Requires a school
corporation to approve a transfer request from a military student.
Effective: July 1, 2024.
Miller D, Bartels
January 9, 2024, read first time and referred to Committee on Education.
2024 IN 1241—LS 6207/DI 143 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1241
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-26-11-32, AS AMENDED BY P.L.92-2020,
2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 32. (a) This section does not apply to a school
4 corporation if the governing body has adopted a policy of not accepting
5 the transfer of any student who does not have legal settlement within
6 the school corporation.
7 (b) The governing body of a school corporation shall annually
8 establish:
9 (1) except as provided in subsection (m), the number of transfer
10 students the school corporation has the capacity to accept in each
11 grade level; and
12 (2) the date by which requests to transfer into the school
13 corporation must be received by the governing body.
14 (c) After establishing the date under subsection (b)(2), the
15 governing body shall:
16 (1) publish the date on the school corporation's Internet web site;
17 and
2024 IN 1241—LS 6207/DI 143 2
1 (2) report the date to the department.
2 (d) The department shall publish the dates received from school
3 corporations under subsection (c)(2) on the department's Internet web
4 site.
5 (e) A student to whom this section applies may not request to
6 transfer under this section primarily for athletic reasons to a school
7 corporation in which the student does not have legal settlement.
8 (f) If the number of requests to transfer into a school corporation
9 received by the date established for the school corporation under
10 subsection (b)(2) exceeds the capacity established for the school
11 corporation under subsection (b)(1), each timely request must be given
12 an equal chance to be accepted, with the exception that a student
13 described in subsection (h) shall be given priority. The governing body
14 must determine which students will be admitted as transfer students to
15 each school building and each grade level within the school corporation
16 by using a publicly verifiable random selection process.
17 (g) Except as provided in subsections (i), (j), (k), and (m), the
18 governing body of a school corporation may not deny a request for a
19 student to transfer into the school corporation based upon the student's
20 academic record, scores on statewide assessment program tests,
21 disciplinary record, or disability, or upon any other factor not related
22 to the school corporation's capacity.
23 (h) Except as provided in subsections (i), (j), and (k), the governing
24 body of a school corporation may not deny a request for a student to
25 transfer into the school corporation if the student requesting to transfer:
26 (1) is a member of a household in which any other member of the
27 household is a student in the transferee school; or
28 (2) has a parent who is an employee of the school corporation; or
29 (3) is a military student (as defined in section 34 of this
30 chapter).
31 (i) A governing body of a school corporation may limit the number
32 of new transfers to a school building or grade level in the school
33 corporation:
34 (1) to ensure that a student who attends a school within the school
35 corporation as a transfer student during a school year may
36 continue to attend the school in subsequent school years; and
37 (2) to allow a student described in subsection (h) to attend a
38 school within the school corporation.
39 (j) Notwithstanding subsections (f), (g), and (h), a governing body
40 of a school corporation may deny a request for a student to transfer to
41 the school corporation or may discontinue enrollment currently or in a
42 subsequent school year, or establish terms or conditions for enrollment
2024 IN 1241—LS 6207/DI 143 3
1 or for continued enrollment in a subsequent school year, if:
2 (1) the student has been suspended (as defined in IC 20-33-8-7)
3 or expelled (as defined in IC 20-33-8-3) during the twelve (12)
4 months preceding the student's request to transfer under this
5 section:
6 (A) for ten (10) or more school days;
7 (B) for a violation under IC 20-33-8-16;
8 (C) for causing physical injury to a student, a school employee,
9 or a visitor to the school; or
10 (D) for a violation of a school corporation's drug or alcohol
11 rules; or
12 (2) the student has had a history of unexcused absences and the
13 governing body of the school corporation believes that, based
14 upon the location of the student's residence, attendance would be
15 a problem for the student if the student is enrolled with the school
16 corporation.
17 For purposes of subdivision (1)(A), student discipline received under
18 IC 20-33-8-25(b)(7) for a violation described in subdivision (1)(B)
19 through (1)(D) shall be included in the calculation of the number of
20 school days that a student has been suspended.
21 (k) The governing body of a school corporation with a school
22 building that offers a special curriculum may require a student who
23 transfers to the school building to meet the same eligibility criteria
24 required of all students who attend the school building that offers the
25 special curriculum.
26 (l) The parent of a student for whom a request to transfer is made is
27 responsible for providing the school corporation to which the request
28 is made with records or information necessary for the school
29 corporation to determine whether the request to transfer may be denied
30 under subsection (j).
31 (m) Notwithstanding this section, the governing body of a school
32 corporation may authorize the school corporation to enter into an
33 agreement with a state accredited nonpublic school or charter school
34 to allow students of the state accredited nonpublic school or charter
35 school to transfer to a school within the school corporation.
36 (n) A school corporation that has adopted a policy to not accept
37 student transfers after June 30, 2013, is not prohibited from enrolling
38 a:
39 (1) transfer student who attended a school within the school
40 corporation during the 2012-2013 school year; or
41 (2) member of a household in which any other member of the
42 household was a transfer student who attended a school within the
2024 IN 1241—LS 6207/DI 143 4
1 school corporation during the 2012-2013 school year.
2 However, if a school corporation enrolls a student described in
3 subdivision (1) or (2), the school corporation shall also allow a student
4 or member of the same household of a student who attended a state
5 accredited nonpublic school within the attendance area of the school
6 corporation during the 2012-2013 school year to enroll in a school
7 within the school corporation.
8 SECTION 2. IC 20-26-11-34 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 34. (a) As used in this section,
11 "active duty" means full-time service in:
12 (1) the armed forces of the United States; or
13 (2) the national guard;
14 for a period that exceeds thirty (30) consecutive days in a calendar
15 year.
16 (b) As used in this section, "armed forces of the United States"
17 means the active or reserve components of:
18 (1) the Army;
19 (2) the Navy;
20 (3) the Air Force;
21 (4) the Coast Guard;
22 (5) the Marine Corps;
23 (6) the Merchant Marine; or
24 (7) the Space Force.
25 (c) As used in this section, "military student" refers to a student
26 who is:
27 (1) a biological child, adopted child, or stepchild of a person
28 who is a member of the armed forces of the United States or
29 national guard on active duty with a residence in Indiana; or
30 (2) an individual whose legal guardian is a person who is a
31 member of the armed forces of the United States or national
32 guard on active duty with a residence in Indiana.
33 (d) As used in this section, "national guard" means:
34 (1) the Indiana Army National Guard; or
35 (2) the Indiana Air National Guard.
36 (e) The parent or legal guardian of a military student, or the
37 military student if the military student is at least eighteen (18)
38 years of age, may request a transfer under this chapter from the
39 school corporation in which the military student has a legal
40 settlement to a transferee school corporation in Indiana.
41 (f) Notwithstanding this chapter, a school corporation shall
42 accept a transfer request made under subsection (e). The transfer
2024 IN 1241—LS 6207/DI 143 5
1 request must be:
2 (1) made at the times provided under rules adopted by the
3 state board;
4 (2) made in writing to the transferor and transferee
5 corporation; and
6 (3) immediately sent by the transferor corporation to the
7 transferee corporation upon receipt of the request.
8 (g) If the number of students who request to transfer to a
9 transferee school corporation under this section causes the school
10 corporation to exceed the school corporation's maximum student
11 capacity, the governing body shall determine which students will
12 be admitted as transfer students by random drawing in a public
13 meeting. However, the governing body of a school corporation
14 located in a county with a consolidated city shall determine which
15 students will be admitted by using a publicly verifiable random
16 selection process.
17 (h) A school corporation that receives a request to transfer
18 made under subsection (e) must approve the transfer request
19 regardless of whether the school corporation has adopted a policy
20 of not accepting the transfer of any student who does not have legal
21 settlement within the school corporation.
22 (i) The secretary of education shall develop forms for the
23 transfer of a military student.
24 (j) The transferor school corporation shall assist the parent or
25 military student in the transfer process.
2024 IN 1241—LS 6207/DI 143