(a)Except as provided in subsection (b), the
legal settlement of a student is governed by the following provisions:
(1)If the student:
(A)is less than eighteen (18) years of age; or
(B)is at least eighteen (18) years of age but is not emancipated;
the legal settlement of the student is in the attendance area of the
school corporation where the student's parents reside.
(2)If the student's mother and father, in a situation to which
subdivision (1) otherwise applies, are divorced or separated, the
legal settlement of the student is the school corporation whose
attendance area contains the residence of the parent with whom
the student is living, in the following situations:
(A)If a court order has not been made establishing the custody
of the student.
(B)Except as provided in subdivisi
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(a) Except as provided in subsection (b), the
legal settlement of a student is governed by the following provisions:
(1) If the student:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age but is not emancipated;
the legal settlement of the student is in the attendance area of the
school corporation where the student's parents reside.
(2) If the student's mother and father, in a situation to which
subdivision (1) otherwise applies, are divorced or separated, the
legal settlement of the student is the school corporation whose
attendance area contains the residence of the parent with whom
the student is living, in the following situations:
(A) If a court order has not been made establishing the custody
of the student.
(B) Except as provided in subdivision (3), if both parents have
agreed on the parent or person with whom the student will live.
(C) If the parent granted custody of the student has abandoned
the student.
In the event of a dispute between the parents of the student, or
between the parents and a student at least eighteen (18) years of
age, the legal settlement of the student shall be determined as
otherwise provided in this section.
(3) If, in a situation in which subdivision (1) otherwise applies,
the student's mother and father are divorced or separated, and if
a court order grants the student's:
(A) mother;
(B) father; or
(C) both mother and father;
custody of the student, the legal settlement of the student is the
school corporation whose attendance area contains the residence
of the mother or father, as elected under section 2.5(a) of this
chapter. If the custodial parent (or the student, if at least eighteen
(18) years of age) does not make an election under section 2.5(a)
of this chapter, the legal settlement of the student is the school
corporation whose attendance area contains the residence of the
parent granted physical custody by the court order.
(4) If the legal settlement of a student, in a situation to which
subdivision (1) otherwise applies, cannot reasonably be
determined and the student is being supported by, cared for by,
and living with some other individual, the legal settlement of the
student is in the attendance area of that individual's residence,
except where the parents of the student are able to support the
student but have placed the student in the home of another
individual, or allowed the student to live with another individual,
primarily for the purpose of attending school in the attendance
area where the other individual resides. The school may, if the
facts are in dispute, condition acceptance of the student's legal
settlement on the appointment of that individual as legal guardian
or custodian of the student, and the date of legal settlement will
be fixed to coincide with the commencement of the proceedings
for the appointment of a guardian or custodian. However, if a
student does not reside with the student's parents because the
student's parents are unable to support the child and the child is
not residing with an individual other than a parent primarily to
attend a particular school, the student's legal settlement is where
the student resides, and the establishment of a legal guardianship
may not be required by the school. In addition, a legal
guardianship or custodianship established solely to attend school
in a particular school corporation does not affect the
determination of the legal settlement of the student under this
chapter.
(5) If a student, to whom subdivision (1) would otherwise apply,
is married and living with a spouse, the legal settlement of that
student is in the attendance area of the school corporation where
the student and the student's spouse reside.
(6) If the student's parents:
(A) are living outside the United States due to educational
pursuits or a job assignment;
(B) do not maintain a permanent home in any school
corporation in the United States; and
(C) have placed the student in the home of another individual;
the legal settlement of the student is in the attendance area where
the other individual resides.
(7) If the student is emancipated, the legal settlement is the
attendance area of the school corporation of the student's
residence.
(8) If a student's legal settlement is changed after the student has
begun attending school in a school corporation in any school year,
the effective date of change may:
(A) at the election of:
(i) the parent;
(ii) the student, if the student is at least eighteen (18) years of
age; or
(iii) a juvenile court conducting a proceeding under IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26, or IC 31-37-20-6 (or IC 31-6-4-18.5 before its repeal);
be extended until the end of that semester; or
(B) at the discretion of the school, until the end of that school
year.
However, that election, where a student has completed grade 11
in any school year, shall extend to the end of the following school
year in grade 12.
(9) If a juvenile court has:
(A) made findings of fact concerning the legal settlement of a
student under IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26,
or IC 31-37-20-6 (or IC 31-6-4-18.5 before its repeal); and
(B) jurisdiction over the student under IC 31-34 or IC 31-37;
the legal settlement of the student is the attendance area specified
as the legal settlement in the latest findings of fact issued by the
juvenile court.
(b) This subsection applies to a student described in IC 20-26-19-5.
A student is considered, from the date that the parent (as defined in IC 20-26-19-3) of the student submits the application and documentation
required under IC 20-26-19-5(2) until the date that the parent provides
proof of residence by the date required under IC 20-26-19-7, to have
legal settlement in the attendance area of the school corporation in
which the parent:
(1) has submitted the application and documentation required
under IC 20-26-19-5(2); and
(2) intends to reside.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-6.1-1(a).]