Introduced Version
HOUSE BILL No. 1492
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-11.
Synopsis: Transfers for extracurricular reasons. Removes language
prohibiting certain students from enrolling into a school corporation
primarily for athletic reasons.
Effective: July 1, 2025.
Criswell
January 21, 2025, read first time and referred to Committee on Education.
2025 IN 1492—LS 7252/DI 152 Introduced
First Regular Session of the 124th General Assembly (2025)
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HOUSE BILL No. 1492
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 20-26-11-30, AS AMENDED BY P.L.205-2013,
2 SECTION 245, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 30. (a) This section applies to a
4 student who resided in a school corporation where the student had legal
5 settlement for at least two (2) consecutive school years immediately
6 before moving to an adjacent school corporation.
7 (b) A school corporation in which a student had legal settlement for
8 at least two (2) consecutive years as described in subsection (a):
9 (1) shall allow the student to attend an appropriate school within
10 the school corporation in which the student formerly resided;
11 (2) may not request the payment of transfer tuition for the student
12 from the school corporation in which the student currently resides
13 and has legal settlement or from the student's parent; and
14 (3) shall include the student in the school corporation's current
15 ADM;
16 if the principal and superintendent in both school corporations jointly
17 agree to enroll the student in the school.
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1 (c) If a student enrolls under this section in a school described in
2 subsection (b)(1), the student's parent must provide for the student's
3 transportation to school.
4 (d) A student to whom this section applies may not enroll primarily
5 for athletic reasons in a school in a school corporation in which the
6 student does not have legal settlement. However, a decision to allow a
7 student to enroll in a school corporation in which the student does not
8 have legal settlement is not considered a determination that the student
9 did not enroll primarily for athletic reasons.
10 SECTION 2. IC 20-26-11-32, AS AMENDED BY P.L.92-2020,
11 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 32. (a) This section does not apply to a school
13 corporation if the governing body has adopted a policy of not accepting
14 the transfer of any student who does not have legal settlement within
15 the school corporation.
16 (b) The governing body of a school corporation shall annually
17 establish:
18 (1) except as provided in subsection (m), (l), the number of
19 transfer students the school corporation has the capacity to accept
20 in each grade level; and
21 (2) the date by which requests to transfer into the school
22 corporation must be received by the governing body.
23 (c) After establishing the date under subsection (b)(2), the
24 governing body shall:
25 (1) publish the date on the school corporation's Internet web site;
26 website; and
27 (2) report the date to the department.
28 (d) The department shall publish the dates received from school
29 corporations under subsection (c)(2) on the department's Internet web
30 site. website.
31 (e) A student to whom this section applies may not request to
32 transfer under this section primarily for athletic reasons to a school
33 corporation in which the student does not have legal settlement.
34 (f) (e) If the number of requests to transfer into a school corporation
35 received by the date established for the school corporation under
36 subsection (b)(2) exceeds the capacity established for the school
37 corporation under subsection (b)(1), each timely request must be given
38 an equal chance to be accepted, with the exception that a student
39 described in subsection (h) (g) shall be given priority. The governing
40 body must determine which students will be admitted as transfer
41 students to each school building and each grade level within the school
42 corporation by using a publicly verifiable random selection process.
2025 IN 1492—LS 7252/DI 152 3
1 (g) (f) Except as provided in subsections (i), (j), (k), and (m), (h),
2 (i), (j), and (l), the governing body of a school corporation may not
3 deny a request for a student to transfer into the school corporation
4 based upon the student's academic record, scores on statewide
5 assessment program tests, disciplinary record, or disability, or upon any
6 other factor not related to the school corporation's capacity.
7 (h) (g) Except as provided in subsections (i), (j), and (k), (h), (i),
8 and (j), the governing body of a school corporation may not deny a
9 request for a student to transfer into the school corporation if the
10 student requesting to transfer:
11 (1) is a member of a household in which any other member of the
12 household is a student in the transferee school; or
13 (2) has a parent who is an employee of the school corporation.
14 (i) (h) A governing body of a school corporation may limit the
15 number of new transfers to a school building or grade level in the
16 school corporation:
17 (1) to ensure that a student who attends a school within the school
18 corporation as a transfer student during a school year may
19 continue to attend the school in subsequent school years; and
20 (2) to allow a student described in subsection (h) (g) to attend a
21 school within the school corporation.
22 (j) (i) Notwithstanding subsections (f), (g), and (h), (e), (f), and (g),
23 a governing body of a school corporation may deny a request for a
24 student to transfer to the school corporation or may discontinue
25 enrollment currently or in a subsequent school year, or establish terms
26 or conditions for enrollment or for continued enrollment in a
27 subsequent school year, if:
28 (1) the student has been suspended (as defined in IC 20-33-8-7)
29 or expelled (as defined in IC 20-33-8-3) during the twelve (12)
30 months preceding the student's request to transfer under this
31 section:
32 (A) for ten (10) or more school days;
33 (B) for a violation under IC 20-33-8-16;
34 (C) for causing physical injury to a student, a school employee,
35 or a visitor to the school; or
36 (D) for a violation of a school corporation's drug or alcohol
37 rules; or
38 (2) the student has had a history of unexcused absences and the
39 governing body of the school corporation believes that, based
40 upon the location of the student's residence, attendance would be
41 a problem for the student if the student is enrolled with the school
42 corporation.
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1 For purposes of subdivision (1)(A), student discipline received under
2 IC 20-33-8-25(b)(7) for a violation described in subdivision (1)(B)
3 through (1)(D) shall be included in the calculation of the number of
4 school days that a student has been suspended.
5 (k) (j) The governing body of a school corporation with a school
6 building that offers a special curriculum may require a student who
7 transfers to the school building to meet the same eligibility criteria
8 required of all students who attend the school building that offers the
9 special curriculum.
10 (l) (k) The parent of a student for whom a request to transfer is
11 made is responsible for providing the school corporation to which the
12 request is made with records or information necessary for the school
13 corporation to determine whether the request to transfer may be denied
14 under subsection (j). (i).
15 (m) (l) Notwithstanding this section, the governing body of a school
16 corporation may authorize the school corporation to enter into an
17 agreement with a state accredited nonpublic school or charter school
18 to allow students of the state accredited nonpublic school or charter
19 school to transfer to a school within the school corporation.
20 (n) (m) A school corporation that has adopted a policy to not accept
21 student transfers after June 30, 2013, is not prohibited from enrolling
22 a:
23 (1) transfer student who attended a school within the school
24 corporation during the 2012-2013 school year; or
25 (2) member of a household in which any other member of the
26 household was a transfer student who attended a school within the
27 school corporation during the 2012-2013 school year.
28 However, if a school corporation enrolls a student described in
29 subdivision (1) or (2), the school corporation shall also allow a student
30 or member of the same household of a student who attended a state
31 accredited nonpublic school within the attendance area of the school
32 corporation during the 2012-2013 school year to enroll in a school
33 within the school corporation.
34 SECTION 3. IC 20-26-11-33, AS ADDED BY P.L.127-2016,
35 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 33. (a) Notwithstanding a policy adopted under
37 section 32(a) of this chapter, a school corporation may accept a student
38 who does not have legal settlement in the school corporation into an
39 alternative education program (as defined in IC 20-30-8-1).
40 (b) A school corporation that accepts students under subsection (a)
41 is not subject to the requirements set forth in section 32 of this chapter
42 other than those requirements set forth in section 32(g), 32(h), 32(j),
2025 IN 1492—LS 7252/DI 152 5
1 32(k), and 32(l) 32(f), 32(g), 32(i), 32(j), and 32(k) of this chapter.
2025 IN 1492—LS 7252/DI 152