§ 20-26-11-32 — Capacity; deadline; publication; grounds and prohibited grounds for denial of transfer request

(a) This section does not apply to a school
corporation if the governing body has adopted a policy of not accepting
the transfer of any student who does not have legal settlement within
the school corporation.
(b) The governing body of a school corporation shall annually
establish:
(1) except as provided in subsection (l), the number of transfer
students the school corporation has the capacity to accept in each
grade level; and
(2) the date by which requests to transfer into the school
corporation must be received by the governing body.
(c) After establishing the date under subsection (b)(2), the
governing body shall:
(1) publish the date on the school corporation's website; and
(2) report the date to the department.
(d) The department shall publish the dates received from school
corporations under subsection (c)(2) on the department's website.
(e) If the number of requests to transfer into a school corporation
received by the date established for the school corporation under
subsection (b)(2) exceeds the capacity established for the school
corporation under subsection (b)(1), each timely request must be given
an equal chance to be accepted, with the exception that a student
described in subsection (g) shall be given priority. The governing body
must determine which students will be admitted as transfer students to
each school building and each grade level within the school corporation
by using a publicly verifiable random selection process.
(f) Except as provided in subsections (h), (i), (j), and (l), the
governing body of a school corporation may not deny a request for a
student to transfer into the school corporation based upon the student's
academic record, scores on statewide assessment program tests,
disciplinary record, or disability, or upon any other factor not related
to the school corporation's capacity.
(g) Except as provided in subsections (h), (i), and (j), the governing
body of a school corporation may not deny a request for a student to
transfer into the school corporation if the student requesting to transfer:
(1) is a member of a household in which any other member of the
household is a student in the transferee school; or
(2) has a parent who is an employee of the school corporation.
(h) A governing body of a school corporation may limit the number
of new transfers to a school building or grade level in the school
corporation:
(1) to ensure that a student who attends a school within the school
corporation as a transfer student during a school year may
continue to attend the school in subsequent school years; and
(2) to allow a student described in subsection (g) to attend a
school within the school corporation.
(i) Notwithstanding subsections (e), (f), and (g), a governing body
of a school corporation may deny a request for a student to transfer to
the school corporation or may discontinue enrollment currently or in a
subsequent school year, or establish terms or conditions for enrollment
or for continued enrollment in a subsequent school year, if:
(1) the student has been suspended (as defined in IC 20-33-8-7)
or expelled (as defined in IC 20-33-8-3) during the twelve (12)
months preceding the student's request to transfer under this
section:
(A) for ten (10) or more school days;
(B) for a violation under IC 20-33-8-16;
(C) for causing physical injury to a student, a school employee,
or a visitor to the school; or
(D) for a violation of a school corporation's drug or alcohol
rules; or
(2) the student has had a history of unexcused absences and the
governing body of the school corporation believes that, based
upon the location of the student's residence, attendance would be
a problem for the student if the student is enrolled with the school
corporation.
For purposes of subdivision (1)(A), student discipline received under
IC 20-33-8-25(b)(7) for a violation described in subdivision (1)(B)
through (1)(D) shall be included in the calculation of the number of
school days that a student has been suspended.
(j) The governing body of a school corporation with a school
building that offers a special curriculum may require a student who
transfers to the school building to meet the same eligibility criteria
required of all students who attend the school building that offers the
special curriculum.
(k) The parent of a student for whom a request to transfer is made
is responsible for providing the school corporation to which the request
is made with records or information necessary for the school
corporation to determine whether the request to transfer may be denied
under subsection (i).
(l) Notwithstanding this section, the governing body of a school
corporation may authorize the school corporation to enter into an
agreement with a state accredited nonpublic school or charter school
to allow students of the state accredited nonpublic school or charter
school to transfer to a school within the school corporation.
(m) A school corporation that has adopted a policy to not accept
student transfers after June 30, 2013, is not prohibited from enrolling
a:
(1) transfer student who attended a school within the school
corporation during the 2012-2013 school year; or
(2) member of a household in which any other member of the
household was a transfer student who attended a school within the
school corporation during the 2012-2013 school year.
However, if a school corporation enrolls a student described in
subdivision (1) or (2), the school corporation shall also allow a student
or member of the same household of a student who attended a state
accredited nonpublic school within the attendance area of the school
corporation during the 2012-2013 school year to enroll in a school
within the school corporation.

Legislative History

As added by P.L.282-2013, SEC.2. Amended by P.L.39-2014, SEC.1; P.L.228-2017, SEC.1; P.L.242-2017, SEC.15; P.L.250-2017, SEC.30; P.L.86-2018, SEC.177; P.L.92-2020, SEC.31; P.L.153-2025, SEC.2.