Indiana 2025 Regular Session

Indiana House Bill HB1492 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. 1492
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26-11.
7	7	Synopsis: Transfers for extracurricular reasons. Removes language
8	8	prohibiting certain students from enrolling into a school corporation
9	9	primarily for athletic reasons.
10	10	Effective: July 1, 2025.
11	11	Criswell
12	12	January 21, 2025, read first time and referred to Committee on Education.
13	13	2025 IN 1492—LS 7252/DI 152 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1492
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	education.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 20-26-11-30, AS AMENDED BY P.L.205-2013,
29	29	2 SECTION 245, IS AMENDED TO READ AS FOLLOWS
30	30	3 [EFFECTIVE JULY 1, 2025]: Sec. 30. (a) This section applies to a
31	31	4 student who resided in a school corporation where the student had legal
32	32	5 settlement for at least two (2) consecutive school years immediately
33	33	6 before moving to an adjacent school corporation.
34	34	7 (b) A school corporation in which a student had legal settlement for
35	35	8 at least two (2) consecutive years as described in subsection (a):
36	36	9 (1) shall allow the student to attend an appropriate school within
37	37	10 the school corporation in which the student formerly resided;
38	38	11 (2) may not request the payment of transfer tuition for the student
39	39	12 from the school corporation in which the student currently resides
40	40	13 and has legal settlement or from the student's parent; and
41	41	14 (3) shall include the student in the school corporation's current
42	42	15 ADM;
43	43	16 if the principal and superintendent in both school corporations jointly
44	44	17 agree to enroll the student in the school.
45	45	2025 IN 1492—LS 7252/DI 152 2
46	46	1 (c) If a student enrolls under this section in a school described in
47	47	2 subsection (b)(1), the student's parent must provide for the student's
48	48	3 transportation to school.
49	49	4 (d) A student to whom this section applies may not enroll primarily
50	50	5 for athletic reasons in a school in a school corporation in which the
51	51	6 student does not have legal settlement. However, a decision to allow a
52	52	7 student to enroll in a school corporation in which the student does not
53	53	8 have legal settlement is not considered a determination that the student
54	54	9 did not enroll primarily for athletic reasons.
55	55	10 SECTION 2. IC 20-26-11-32, AS AMENDED BY P.L.92-2020,
56	56	11 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
57	57	12 JULY 1, 2025]: Sec. 32. (a) This section does not apply to a school
58	58	13 corporation if the governing body has adopted a policy of not accepting
59	59	14 the transfer of any student who does not have legal settlement within
60	60	15 the school corporation.
61	61	16 (b) The governing body of a school corporation shall annually
62	62	17 establish:
63	63	18 (1) except as provided in subsection (m), (l), the number of
64	64	19 transfer students the school corporation has the capacity to accept
65	65	20 in each grade level; and
66	66	21 (2) the date by which requests to transfer into the school
67	67	22 corporation must be received by the governing body.
68	68	23 (c) After establishing the date under subsection (b)(2), the
69	69	24 governing body shall:
70	70	25 (1) publish the date on the school corporation's Internet web site;
71	71	26 website; and
72	72	27 (2) report the date to the department.
73	73	28 (d) The department shall publish the dates received from school
74	74	29 corporations under subsection (c)(2) on the department's Internet web
75	75	30 site. website.
76	76	31 (e) A student to whom this section applies may not request to
77	77	32 transfer under this section primarily for athletic reasons to a school
78	78	33 corporation in which the student does not have legal settlement.
79	79	34 (f) (e) If the number of requests to transfer into a school corporation
80	80	35 received by the date established for the school corporation under
81	81	36 subsection (b)(2) exceeds the capacity established for the school
82	82	37 corporation under subsection (b)(1), each timely request must be given
83	83	38 an equal chance to be accepted, with the exception that a student
84	84	39 described in subsection (h) (g) shall be given priority. The governing
85	85	40 body must determine which students will be admitted as transfer
86	86	41 students to each school building and each grade level within the school
87	87	42 corporation by using a publicly verifiable random selection process.
88	88	2025 IN 1492—LS 7252/DI 152 3
89	89	1 (g) (f) Except as provided in subsections (i), (j), (k), and (m), (h),
90	90	2 (i), (j), and (l), the governing body of a school corporation may not
91	91	3 deny a request for a student to transfer into the school corporation
92	92	4 based upon the student's academic record, scores on statewide
93	93	5 assessment program tests, disciplinary record, or disability, or upon any
94	94	6 other factor not related to the school corporation's capacity.
95	95	7 (h) (g) Except as provided in subsections (i), (j), and (k), (h), (i),
96	96	8 and (j), the governing body of a school corporation may not deny a
97	97	9 request for a student to transfer into the school corporation if the
98	98	10 student requesting to transfer:
99	99	11 (1) is a member of a household in which any other member of the
100	100	12 household is a student in the transferee school; or
101	101	13 (2) has a parent who is an employee of the school corporation.
102	102	14 (i) (h) A governing body of a school corporation may limit the
103	103	15 number of new transfers to a school building or grade level in the
104	104	16 school corporation:
105	105	17 (1) to ensure that a student who attends a school within the school
106	106	18 corporation as a transfer student during a school year may
107	107	19 continue to attend the school in subsequent school years; and
108	108	20 (2) to allow a student described in subsection (h) (g) to attend a
109	109	21 school within the school corporation.
110	110	22 (j) (i) Notwithstanding subsections (f), (g), and (h), (e), (f), and (g),
111	111	23 a governing body of a school corporation may deny a request for a
112	112	24 student to transfer to the school corporation or may discontinue
113	113	25 enrollment currently or in a subsequent school year, or establish terms
114	114	26 or conditions for enrollment or for continued enrollment in a
115	115	27 subsequent school year, if:
116	116	28 (1) the student has been suspended (as defined in IC 20-33-8-7)
117	117	29 or expelled (as defined in IC 20-33-8-3) during the twelve (12)
118	118	30 months preceding the student's request to transfer under this
119	119	31 section:
120	120	32 (A) for ten (10) or more school days;
121	121	33 (B) for a violation under IC 20-33-8-16;
122	122	34 (C) for causing physical injury to a student, a school employee,
123	123	35 or a visitor to the school; or
124	124	36 (D) for a violation of a school corporation's drug or alcohol
125	125	37 rules; or
126	126	38 (2) the student has had a history of unexcused absences and the
127	127	39 governing body of the school corporation believes that, based
128	128	40 upon the location of the student's residence, attendance would be
129	129	41 a problem for the student if the student is enrolled with the school
130	130	42 corporation.
131	131	2025 IN 1492—LS 7252/DI 152 4
132	132	1 For purposes of subdivision (1)(A), student discipline received under
133	133	2 IC 20-33-8-25(b)(7) for a violation described in subdivision (1)(B)
134	134	3 through (1)(D) shall be included in the calculation of the number of
135	135	4 school days that a student has been suspended.
136	136	5 (k) (j) The governing body of a school corporation with a school
137	137	6 building that offers a special curriculum may require a student who
138	138	7 transfers to the school building to meet the same eligibility criteria
139	139	8 required of all students who attend the school building that offers the
140	140	9 special curriculum.
141	141	10 (l) (k) The parent of a student for whom a request to transfer is
142	142	11 made is responsible for providing the school corporation to which the
143	143	12 request is made with records or information necessary for the school
144	144	13 corporation to determine whether the request to transfer may be denied
145	145	14 under subsection (j). (i).
146	146	15 (m) (l) Notwithstanding this section, the governing body of a school
147	147	16 corporation may authorize the school corporation to enter into an
148	148	17 agreement with a state accredited nonpublic school or charter school
149	149	18 to allow students of the state accredited nonpublic school or charter
150	150	19 school to transfer to a school within the school corporation.
151	151	20 (n) (m) A school corporation that has adopted a policy to not accept
152	152	21 student transfers after June 30, 2013, is not prohibited from enrolling
153	153	22 a:
154	154	23 (1) transfer student who attended a school within the school
155	155	24 corporation during the 2012-2013 school year; or
156	156	25 (2) member of a household in which any other member of the
157	157	26 household was a transfer student who attended a school within the
158	158	27 school corporation during the 2012-2013 school year.
159	159	28 However, if a school corporation enrolls a student described in
160	160	29 subdivision (1) or (2), the school corporation shall also allow a student
161	161	30 or member of the same household of a student who attended a state
162	162	31 accredited nonpublic school within the attendance area of the school
163	163	32 corporation during the 2012-2013 school year to enroll in a school
164	164	33 within the school corporation.
165	165	34 SECTION 3. IC 20-26-11-33, AS ADDED BY P.L.127-2016,
166	166	35 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
167	167	36 JULY 1, 2025]: Sec. 33. (a) Notwithstanding a policy adopted under
168	168	37 section 32(a) of this chapter, a school corporation may accept a student
169	169	38 who does not have legal settlement in the school corporation into an
170	170	39 alternative education program (as defined in IC 20-30-8-1).
171	171	40 (b) A school corporation that accepts students under subsection (a)
172	172	41 is not subject to the requirements set forth in section 32 of this chapter
173	173	42 other than those requirements set forth in section 32(g), 32(h), 32(j),
174	174	2025 IN 1492—LS 7252/DI 152 5
175	175	1 32(k), and 32(l) 32(f), 32(g), 32(i), 32(j), and 32(k) of this chapter.
176	176	2025 IN 1492—LS 7252/DI 152