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
Effective: July 1, 2005.
January 19, 2005, read first time and referred to Committee on Education.
February 8, 2005, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
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
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
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.