Indiana § 20-26-11-11 Tuition for suspended, expelled, or excluded emotionally disturbed
students

Indiana Statutes

§ 20-26-11-11 — Tuition for suspended, expelled, or excluded emotionally disturbed students

Indiana·Title 20 EDUCATION·Art. 26 SCHOOL CORPORATIONS: GENERAL·Ch. 11 Legal Settlement and Transfer of Students; Transfer

(a)A school corporation may enter into an agreement with:

(1)a nonprofit corporation that operates a federally approved education program; or

(2)a nonprofit corporation that:

(A)is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;

(B)for its classroom instruction, employs teachers who are certified by the department;

(C)employs other professionally and state licensed staff as appropriate; and

(D)educates children who:

(i)have been suspended, expelled, or excluded from a public school in that school corporation and have been found to have an emotional disturbance;

(ii)have been placed with the nonprofit corporation by court order;

(iii)have been referred by a local health department;

(iv)have been placed in a state licensed private or publi

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(a) A school corporation may enter into an
agreement with:
(1) a nonprofit corporation that operates a federally approved
education program; or
(2) a nonprofit corporation that:
(A) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code;
(B) for its classroom instruction, employs teachers who are
certified by the department;
(C) employs other professionally and state licensed staff as
appropriate; and
(D) educates children who:
(i) have been suspended, expelled, or excluded from a public
school in that school corporation and have been found to have
an emotional disturbance;
(ii) have been placed with the nonprofit corporation by court
order;
(iii) have been referred by a local health department;
(iv) have been placed in a state licensed private or public
health care or child care facility as described in section 8 of
this chapter; or
(v) have been placed by or with the consent of the department
under IC 20-35-6-2;
in order to provide a student with an individualized education program
that is the most suitable educational program available.
(b) If a school corporation that is a transferee corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon that may
not exceed the total of:
(1) the transfer tuition costs for the student that otherwise would
be payable to the transferee corporation; and
(2) a proportionate amount of any state or local distributions to
the transferee corporation that are computed in any part using
current ADM or any other student count in which the student is
included, if the transferee corporation includes the student in the
transferee corporation's current ADM for the period in which the
student is being educated by the nonprofit corporation.
(c) If a school corporation that is a transferor corporation enters into
an agreement as described in subsection (a), the school corporation
shall pay to the nonprofit corporation an amount agreed upon, which
may not exceed the total of:
(1) the transfer tuition costs that otherwise would be payable to a
transferee school corporation; and
(2) a proportionate amount of any state or local distributions to
the transferor corporation that are computed in any part using
current ADM or any other student count in which the student is
included, if the transferor corporation includes the student in the
transferor corporation's ADM for the period in which the student
is being educated by the nonprofit corporation.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-6.1-6.1.]

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