April 5, 2013



ENGROSSED

HOUSE BILL No. 1381

_____


DIGEST OF HB 1381 (Updated April 3, 2013 7:03 pm - DI 71)



Citations Affected: IC 20-18; IC 20-26.

Synopsis: Public school transfers. Requires the governing body of a school corporation that accepts transfer students to establish the number of transfer students the school corporation has the capacity to accept. Requires the governing body to establish a date by which transfer requests must be received. Provides that, with certain exceptions, a governing body may not deny a request to transfer from another school corporation to a school within the school corporation for any reason other than capacity. Requires the governing body to publish the deadline for transfer requests on the school corporation's Internet web site and to report the deadline to the department of education (department). Requires the department to publish school corporations' transfer request deadlines on the department's Internet web site. Provides that if the number of transfer requests a school corporation receives exceeds the school's capacity, admissions must be determined by a random drawing at a public meeting. Allows a governing body to limit the number of transfers to a particular school building or grade level to ensure that a student who has already transferred to a school may continue attending the same school and to allow the members of
(Continued next page)


Effective: July 1, 2013.



Karickhoff, Clere, Mahan, Austin
(SENATE SPONSORS _ BANKS, YODER, TAYLOR)


    January 22, 2013, read first time and referred to Committee on Education.
    February 14, 2013, amended, reported _ Do Pass.
    February 18, 2013, read second time, amended, ordered engrossed.
    February 19, 2013, engrossed.
    February 20, 2013, read third time, passed. Yeas 85, nays 11.

SENATE ACTION

    February 27, 2013, read first time and referred to Committee on Education and Career Development.
    April 4, 2013, amended, reported favorably _ Do Pass.


Digest Continued

the same household as a transfer student to attend a particular school. Provides that 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 criterial required of all students who attend the school building that offers the special curriculum. Provides that a school corporation that has adopted a policy to not accept student transfers after June 30, 2013, is not prohibited from enrolling a transfer student who attended a school with the school corporation during the 2012-2013 school year. Provides that a school corporation may not provide transportation for a transfer student outside the attendance area for the school corporation.


April 5, 2013

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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ENGROSSED

HOUSE BILL No. 1381


    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-18-2-18.5; (13)EH1381.1.1. -->     SECTION 1. IC 20-18-2-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18.5. "Special curriculum" means a course of study embracing subject matter or a teaching methodology that is not generally offered to students of the same age or grade level in the same school corporation. The term does not include:
        (1) a course of study or a part of a course of study designed solely for special education or limited English proficient students; or
        (2) a course of study or part of a course of study in which any student is unable to participate because of the student's limited financial resources.
SOURCE: IC 20-26-11-32; (13)EH1381.1.2. -->     SECTION 2. IC 20-26-11-32 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2013]: Sec. 32. (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) the number of transfer students the school corporation has the capacity to accept; 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 Internet web site; 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 Internet web site.
    (e) A student to whom this section applies may not request to transfer under this section primarily for athletic reasons to a school corporation in which the student does not have legal settlement.
    (f) 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 (h) 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 a random drawing in a public meeting.
    (g) Except as provided in subsections (i), (j), and (k), 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 ISTEP tests, disciplinary record, or disability, or upon any other factor not related to the school corporation's capacity.
    (h) Except as provided in subsections (i), (j), and (k), 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.
    (i) 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 (h) to attend a school within the school corporation.
    (j) Notwithstanding subsections (g) and (h), a governing body of a school corporation may deny a request for a student to transfer to the school corporation, or establish terms or conditions for enrollment that prevent a student from enrolling in a school if 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:
        (1) for ten (10) or more school days;
        (2) for a violation under IC 20-33-8-16;
        (3) for causing physical injury to a student, a school employee, or a visitor to the school; or
        (4) for a violation of a school corporation's drug or alcohol rules.
For purposes of subdivision (1), student discipline received under IC 20-33-8-25(b)(7) for a violation described in subdivisions (2) through (4) shall be included in the calculation of the number of school days that a student has been suspended.
     (k) 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.
    (l) 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 (j).
     (m) A school corporation that has adopted a policy to not accept student transfers after June 30, 2013, is not prohibited from enrolling a transfer student who attended a school within the

school corporation during the 2012-2013 school year.
     (n) A school corporation may not provide transportation for a student who transfers under this section outside the attendance area for the school corporation.