§ 20-26-11-8 — Payment of transfer tuition for students in public and private institutions or in foster homes

(a) A student who is placed in a state licensed
private or public health care facility or child care facility:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
may attend school in the school corporation in which the facility is
located. If the school corporation in which the facility is located is not
the school corporation in which the student has legal settlement, the
school corporation in which the student has legal settlement shall pay
the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen (14)
consecutive calendar days or a total of twenty (20) calendar days.
The school corporation in which the student has legal settlement shall
pay the transfer tuition of the student. The parent of the student shall
notify the school corporation in which the facility is located and the
school corporation of the student's legal settlement, if identifiable, of
the placement. Not later than thirty (30) days after this notice, the
school corporation of legal settlement shall either pay the transfer
tuition of the transferred student or appeal the payment by notice to the
department. The acceptance or notice of appeal by the school
corporation must be given by certified mail to the parent or guardian of
the student and any affected school corporation. In the case of a student
who is not identified as having a disability under IC 20-35, the state
board shall make a determination on transfer tuition according to the
procedures in section 15 of this chapter. In the case of a student who
has been identified as having a disability under IC 20-35, the
determination on transfer tuition shall be made under this subsection
and the procedures adopted by the state board.
(c) A student who is placed in:
(1) an institution operated by the division of disability and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of disability
and rehabilitative services or the division of mental health and
addiction;
may attend school in the school corporation in which the institution is
located. The state shall pay the transfer tuition of the student, unless
another entity is required to pay the transfer tuition as a result of a
placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
(d) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where the
student attends school unless that determination is made by a court that
has jurisdiction over the student. If a licensed child placing agency is
responsible for oversight of the foster family home in which the student
is placed or for providing services to the student, the department of
child services must consult with the licensed child placing agency
concerning the determination of, or the recommendations made to the
court concerning, where the student attends school. Except as provided
in subsection (e), transfer tuition is not required for the student.
(e) If a student to whom subsection (d) applies is attending school
in a school corporation that is not the school corporation in which the
student has legal settlement, the school corporation in which the
student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring institution
licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the child
caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to a
licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located at
the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26, or IC 31-37-20-6.
(f) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c);
(2) to whom neither subsection (d) nor (e) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility, home,
or institution is located. The department shall conduct an investigation
and determine whether any other entity or person is required to pay
transfer tuition. If the department determines that no other entity or
person is required to pay transfer tuition, the state shall pay the transfer
tuition for the student out of the funds appropriated for tuition support.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-8.1-6.1-5.]

Legislative History

As added by P.L.1-2005, SEC.10. Amended by P.L.89-2005, SEC.4; P.L.231-2005, SEC.33; P.L.1-2006, SEC.331; P.L.141-2006, SEC.94; P.L.145-2006, SEC.148; P.L.99-2007, SEC.168; P.L.159-2007, SEC.1; P.L.65-2012, SEC.2; P.L.160-2012, SEC.48; P.L.86-2018, SEC.176.