Introduced Version






SENATE BILL No. 39

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-26-11; IC 31-34-20-5; IC 31-37-19-26.

Synopsis: Legal settlement in a school corporation. Provides that if a court order grants a parent custody of a student, the parent granted physical custody (or the student if the student is at least 18 years of age) may elect not later than 14 days before the first student day of the school year whether the student will have legal settlement in the school corporation in which the student's mother resides or in which the student's father resides. Provides that: (1) the election may be made only on a yearly basis; and (2) the student or parent who makes the election may not be charged transfer tuition. (The introduced version of this bill was prepared by the child custody and support advisory committee.)

Effective: July 1, 2006.





Ford




    January 9, 2006, read first time and referred to Committee on Education and Career Development.







Introduced

Second Regular Session 114th General Assembly (2006)


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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SENATE BILL No. 39



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

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

SOURCE: IC 20-26-11-1; (05)IN0039.1.1. -->     SECTION 1. IC 20-26-11-1, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. As used in this chapter with respect to legal settlement, transfers, and the payment of tuition, the words "residence", "resides", or other comparable language means a permanent and principal habitation that an individual uses for a home for a fixed or indefinite period, at which the individual remains when not called elsewhere for work, studies, recreation, or other temporary or special purpose. These terms are not synonymous with legal domicile. Except as provided in section 2(3) of this chapter, where a court order grants an individual custody of a student, the residence of the student is where that individual resides.
SOURCE: IC 20-26-11-2; (05)IN0039.1.2. -->     SECTION 2. IC 20-26-11-2, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. The legal settlement of a student is governed by the following provisions:
        (1) If the student:
            (A) is less than eighteen (18) years of age; or
            (B) is at least eighteen (18) years of 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) If the student's mother and father, in a situation to which subdivision (1) otherwise applies, 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) If a court order has not been made establishing the custody of the student.
            (B) Except as provided in subdivision (3), if both parents have agreed on the parent or person with whom the student will live.
            (C) If 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 a student at least eighteen (18) years of age, the legal settlement of the student shall be determined as otherwise provided in this section.
        (3) If, in a situation in which subdivision (1) otherwise applies, the student's mother and father are divorced or separated, and if a court order grants the student's:
            (A) mother;
            (B) father; or
            (C) both mother and father;
        custody of the student, the legal settlement of the student is the school corporation whose attendance area contains the residence of the mother or father, as elected under section 2.5(a) of this chapter. If the custodial parent (or the student, if at least eighteen (18) years of age) does not make an election under section 2.5(a) of this chapter, the legal settlement of the student is the school corporation whose attendance area contains the residence of the parent granted physical custody by the court order.

        (3) (4) If 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 individual, the legal settlement of the student is in the attendance area of that individual's residence, except where the parents of the student are able to support the

student but have placed the student in the home of another individual, or allowed the student to live with another individual, primarily for the purpose of attending school in the attendance area where the other individual resides. The school may, if the facts are in dispute, condition acceptance of the student's legal settlement on the appointment of that individual 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 an individual other than a parent primarily to attend 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, a legal guardianship or custodianship established solely to attend school in a particular school corporation does not affect the determination of the legal settlement of the student under this chapter.
        (4) (5) If a student, to whom 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) (6) If the student's parents:
            (A) are living outside the United States due to educational pursuits or a job assignment;
            (B) do not maintain a permanent home in any school corporation in the United States; and
            (C) have placed the student in the home of another individual;
        the legal settlement of the student is in the attendance area where the other individual resides.
        (6) (7) If the student is emancipated, the legal settlement is the attendance area of the school corporation of the student's residence.
        (7) (8) If 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 at least eighteen (18) years of age; 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) (9) 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.

SOURCE: IC 20-26-11-2.5; (05)IN0039.1.3. -->     SECTION 3. IC 20-26-11-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.5. (a) In the case of a student described in section 2(3) of this chapter, the:
        (1) parent granted physical custody by a court; or
        (2) student, if the student is at least eighteen (18) years of age;
may, not later than fourteen (14) days before the first student day of the school year, elect for the student to have legal settlement in the school corporation whose attendance area contains the residence of the student's mother or the school corporation whose attendance area contains the resident of the student's father.

     (b) An election under subsection (a) may be made only on a yearly basis.
    (c) The parent or student who makes an election under subsection (a) is not required to pay transfer tuition.

SOURCE: IC 20-26-11-3; (05)IN0039.1.4. -->     SECTION 4. IC 20-26-11-3, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The state superintendent shall prepare the form of agreement to be used under section 2(2) of this chapter and a form to be executed by any individual with whom the student is living under section 2(2), 2(3), 2(4), or 2(5) 2(6) of this chapter. The execution of the form by the individual and its continuance in force is a condition to the application of section 2(2), 2(3), 2(4), or 2(5) 2(6) of this chapter. The form must contain an agreement of the individual that the individual 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 individual were the student's parent. On the execution of that form and for as long as it remains in force, the individual has these duties and liabilities.

SOURCE: IC 31-34-20-5; (05)IN0039.1.5. -->     SECTION 5. IC 31-34-20-5, AS AMENDED BY P.L.1-2005, SECTION 205, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) This section applies if a juvenile court:
        (1) places a child;
        (2) changes the placement of a child; or
        (3) reviews the implementation of a decree under IC 31-34-21 of a child placed;
in a state licensed private or public health care facility, child care facility, or foster family home.
    (b) The juvenile court shall do the following:
        (1) Make findings of fact concerning the legal settlement of the child.
        (2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(7) IC 20-26-11-2(8) to determine where the child has legal settlement.
        (3) Include the findings of fact required by this section in:
            (A) the dispositional order;
            (B) the modification order; or
            (C) the other decree;
        making or changing the placement of the child.
    (c) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
SOURCE: IC 31-37-19-26; (05)IN0039.1.6. -->     SECTION 6. IC 31-37-19-26, AS AMENDED BY P.L.1-2005, SECTION 211, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 26. (a) This section applies if a juvenile court:
        (1) places a child;
        (2) changes the placement of a child; or
        (3) reviews the implementation of a decree under IC 31-37-20 (or IC 31-6-4-19 before its repeal) of a child placed;
in a state licensed private or public health care facility, child care facility, or foster family home.
    (b) The juvenile court shall do the following:
        (1) Make findings of fact concerning the legal settlement of the child.
        (2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(7) IC 20-26-11-2(8) to determine where the child has legal

settlement.
        (3) Include the findings of fact required by this section in the:
            (A) dispositional order;
            (B) modification order; or
            (C) other decree;
        making or changing the placement of the child.
    (c) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.