February 9, 2005





HOUSE BILL No. 1812

_____


DIGEST OF HB 1812 (Updated February 2, 2005 9:56 am - DI 109)



Citations Affected: IC 20-8.1; noncode.

Synopsis: Legal settlement. Changes the standard for determining when a student who resides with a person other than the student's parents will be treated as having a legal settlement in the school corporation attendance area where the child resides rather than the school corporation attendance area where a parent resides in cases in which the child is relocated for the purpose of attending a particular school. Requires in certain circumstances the submission of sufficient information for the school corporation to determine whether a child who does not live with a parent has legal settlement in the school corporation.

Effective: July 1, 2005.





Lehe, Ayres , Cheney , Lawson L




    January 19, 2005, read first time and referred to Committee on Education.
    February 8, 2005, amended, reported _ Do Pass.






February 9, 2005

First Regular Session 114th General Assembly (2005)


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.
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HOUSE BILL No. 1812



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

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

SOURCE: IC 20-8.1-6.1-1; (05)HB1812.1.1. -->     SECTION 1. IC 20-8.1-6.1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The legal settlement of a student shall be governed by the following provisions:
        (1) If the student is under eighteen (18) years of age, or is over that 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) Where the student's mother and father, in a situation otherwise covered in subdivision (1), 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) Where no court order has been made establishing the custody of the student.
            (B) Where both parents have agreed on the parent or person with whom the student will live.
            (C) Where 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 any student over eighteen (18) years of age, the legal settlement of the student shall be determined as otherwise provided in this section.
        (3) Where 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 person, the legal settlement of the student shall be in the attendance area of that person's residence, except where the parents of the student: are able to support the student but have placed him in the home of another person; or permitted the student to live with another person. primarily for the purpose of attending school in the attendance area where the other person resides. The school may, if the facts are in dispute, condition acceptance of the student's legal settlement on the appointment of that person 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 a person other than a parent primarily for the purpose of attending 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, If a contributing reason for the establishment of a legal guardianship or custodianship established solely for was the purpose of attending school in a particular school corporation, the legal guardianship or custodianship does not affect the determination of the legal settlement of the student under this chapter.
        (4) Where a student, to which 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.
        (5) Where the student's parents:
            (A) are living outside the United States due to educational pursuits or a job assignment;
            (B) maintain no permanent home in any school corporation in the United States; and
            (C) have placed the student in the home of another person;
        the legal settlement of the student is in the attendance area where

the other person resides.
        (6) Where the student is emancipated, the legal settlement is the attendance area of the school corporation of the student's residence.
        (7) Where 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 eighteen (18) years of age or older; 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.
        (8) 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) The words "residence", "resides", or other comparable language when used in this chapter with respect to legal settlement, transfers, and the payment of tuition, means a permanent and principal habitation which a person uses for a home for a fixed or indefinite period, at which the person remains when not called elsewhere for work, studies, recreation, or other temporary or special purpose. These terms are not synonymous with legal domicile. Where a court order grants a person custody of a student, the residence of the student is where that person resides.
    (c) The superintendent of public instruction shall prepare the form of agreement to be used under subsection (a)(2) and a form to be executed by any person with whom the student is living under subsection (a)(2), (a)(3), or (a)(5). The: execution of the latter form by the person and its continuance in force; is a condition; to the

application of subsection (a)(2), (a)(3), or (a)(5). The form must contain an agreement of the person that the person shall, with respect to dealing with the school corporation and for all other purposes under this article, assume all the duties and be subject to all the liabilities of a parent of the student in the same manner as if the person were the student's parent. On the execution of that form and for as long as it remains in force, the person shall have these duties and liabilities. a manual designed for assisting persons needing legal guardianship over an abandoned student under subsection (a)(3) to locate available legal aid services for assistance and to introduce methods and forms for proceeding through a local court with proper jurisdiction without legal representation.
    (d) A student is emancipated when the student:
        (1) furnishes the student's support from the student's own resources;
        (2) is not dependent in any material way on the student's parents for support;
        (3) files or is required by applicable law to file a separate tax return; and
        (4) maintains a residence separate from that of the student's parents.

SOURCE: ; (05)HB1812.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 20-8.1-6.1-1, as amended by this act, applies only to attendance in a school year beginning after June 30, 2005.