January 22, 2013, read first time and referred to Committee on Education.
February 14, 2013, amended, reported _ Do Pass.

February 15, 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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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 20-26-11-32; (13)HB1381.1.2. -->     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) The governing body of a school corporation shall annually establish:
        (1) the number of transfer students the school corporation has the capacity to accept in each:
            (A) school building; and
            (B) grade level within each school building; and
        (2) the date by which requests to transfer into or within the school corporation must be received by the governing body.
    (b) After establishing the date under subsection (a)(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.
    (c) The department shall publish the dates received from school corporations under subsection (b)(2) on the department's Internet web site.
    (d) 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.
    (e) If the number of requests to transfer into or within a school corporation received by the date established for the school corporation under subsection (a)(2) exceeds the capacity established for the school corporation under subsection (a)(1), each timely request must be given an equal chance to be accepted, with the exception that a student described in subsection (g) 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.
    (f) Except as provided in subsections (h) and (i), the governing body of a school corporation may not deny a request for a student to transfer into or within 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.
    (g) Except as provided in subsections (h) and (i), the governing body of a school corporation may not deny a request for a student to transfer into or within the school corporation if the student requesting to transfer is a member of a household in which any

other member of the household is a student in the transferee school.
    (h) A governing body of a school corporation may limit the number of new transfers to a school building or grade level within 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 (g) to attend a school within the school corporation.
    (i) Notwithstanding subsections (f) and (g), a governing body of a school corporation may deny a request for a student to transfer to or within 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. For purposes of this clause, 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;
        (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.
    (j) 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 (i).
    (k) This subsection applies to a student who transfers at least one (1) year after the reporting year in which the student is first considered by a school corporation to have entered grade 9. If, at the time the student transfers, the student would be unable to graduate in the student's expected graduation year even if the student, after transferring, were to successfully complete the courses necessary for the student to graduate, the student shall be considered for purposes of determining the student's cohort under

IC 20-26-13, as a member of the cohort for students at the transferee school who are in the current grade level as the student at the time the student transfers to the school.