January 13, 2006
SENATE BILL No. 39
_____
DIGEST OF SB 39
(Updated January 11, 2006 3:59 pm - DI 71)
Citations Affected: IC 20-26; IC 31-34; IC 31-37.
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.
January 12, 2006, reported favorably _ Do Pass.
January 13, 2006
Second Regular Session 114th General Assembly (2006)
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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; (06)SB0039.1.1. -->
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; (06)SB0039.1.2. -->
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; (06)SB0039.1.3. -->
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; (06)SB0039.1.4. -->
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; (06)SB0039.1.5. -->
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; (06)SB0039.1.6. -->
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.