Garrett-Keyser-Butler Community School District
Bylaws & Policies
 

5111 - DETERMINATION OF LEGAL SETTLEMENT AND ELIGIBILITY FOR ENROLLMENT OF STUDENTS WITHOUT LEGAL SETTLEMENT IN THE DISTRICT

The Board establishes the following policy for determining student eligibility to attend the schools of this District.

 

A.

The Board will educate, tuition free, students who have legal settlement in the District, and students enrolled according to the requirements of I.C. 20-26-11.

   
 

B.

Where the legal settlement of a student cannot reasonably be determined by reference to the residence of the studentís parent or legal guardian and the student is being supported by and living with a person whose residence is within the District, the student may be enrolled without payment of tuition. If the parents are able to support the student and have placed the student in the home of another person primarily for the purpose of attending school in this District without establishing legal guardianship as required by Indiana law, tuition will be charged according to Board Policy 6150.

   
 

C.

A child who is placed in foster care by a court of competent jurisdiction shall be admitted tuition free, without regard to residency, to a school within the District, as selected by the State Department of Human Services or the child placing agency responsible for placement of that child.

     
 

D.

Foreign students participating in a foreign-exchange program approved by the Indiana State Board of Education and living with a resident host family will be admitted tuition free.

   
 

E.

The District will provide a free education to those students who are considered by Federal law to be illegal aliens, if the student's parent or legal guardian has legal settlement within the District, or considered to be homeless by criteria established by the State (see Policy 5111.01 and AG 5111.01 - Homeless Students).

   
 

F.

Students who have completed the eleventh grade and have changed legal settlement to another school corporation may complete the twelfth grade in this District.

   
 

G.

A married student living with a spouse or a married or unmarried emancipated minor is eligible to attend school without payment of tuition if the student resides in the District.

   
 

H.

Children of Divorced Parents

   
 

Children of divorced parents may attend school in this District without the payment of tuition if one (1) parent resides in this District and an election is made utilizing the "Custodial Statement and Agreement: Divorce, Separation, or Abandonment" form provided by the Indiana State Board of Education.

 
 

The parent with physical custody of the student or the student, if the student is at least eighteen (18) years of age, must notify the Superintendent of the school corporation in which the parents/student seek to have the student enrolled of their election to enroll the student in the District. The election shall be made on a yearly basis and applies throughout the school year unless the student's parent no longer resides within the attendance area of the District.

 
 

I.

A student who has been expelled from another school corporation or who is expelled from a nonpublic school or withdraws from a public or a nonpublic school to avoid expulsion may be enrolled in the District in compliance with I.C. 20-33-8-20 during the actual or proposed expulsion if:

   
 

1.

the student's parent informs the District of the student's expulsion or withdrawal to avoid expulsion;

   
 

2.

the District consents to the student's enrollment;

   
 

3.

the student agrees to the terms and conditions of enrollment established by the District.

   
 

Such students will be charged tuition according to Board Policy 6150 if they do not have legal settlement in the District.

   
 

If a student's parent fails to inform the District of the expulsion or withdrawal to avoid expulsion or the student fails to follow the terms and conditions established for enrollment, the District may withdraw consent and prohibit the student's enrollment during the period of the actual or proposed expulsion. Before consent is withdrawn, the student must be given an opportunity for an informal meeting with the principal. At the informal meeting, the student is entitled to:

   
 

1.

a written or verbal statement of the reasons for the withdrawal of consent;

   
 

2.

a summary of the evidence against him/her;

   
 

3.

an opportunity to explain his/her conduct.

   
 

J.

Students whose parents do not have legal settlement within the District but who present evidence that they will move into the District within a short period of time may enroll in the schools of this District as tuition students for the time not in residence.

   
 

K.

Students who do not have legal settlement may be enrolled in the special education program of this District pursuant to the provisions of a Cooperative agreement.

Transfer Students

Students without legal settlement in the District (hereafter referred to as "transfer students") will be enrolled in compliance with I.C. 20-26-11-32 and the following procedure:

 

A.

By August 1st, the Board will establish the number of transfer students that can be accepted in each building and grade level.

     
 

B.

The Board will establish a date by which requests to enroll a transfer student must be submitted to the Superintendent. This date shall be submitted to the Indiana Department of Education and published on the District Internet website.

     
 

C.

Requests to enroll a student without legal settlement in the District shall not be denied if the student to be transferred:

     
 

1.

has been enrolled in the District in the prior school year;

     
 

2.

is a member of a household in which any other member of the household is a student in the transferee school; or

     
 

3.

has a parent who is an employee of the District.

     
 

D.

If the number of requests to enroll in each building and grade level exceeds the number established by the Board reduced by the number of transfers that may not be denied as described in paragraph (C) above, the students to be enrolled in each building and grade level shall be determined by random selection in which each application submitted on or before the date established by the Board pursuant to paragraph (A) above has an equal chance of being selected.

Pursuant to State law, the Board may deny a studentís application to transfer to the District, discontinue enrollment of a transfer student currently attending, rescind approval of a student approved to attend in a subsequent year, or establish terms or conditions for enrollment or for continued enrollment in a subsequent school if:

 

A.

during the preceding twelve (12) months, the student has been suspended or expelled for:

     
 

1.

ten (10) or more school days;

     
 

2.

possession of a firearm, deadly weapon, or a destructive device;

     
 

3.

causing physical injury to a student, school employee or visitor to the school; or

     
 

4.

a violation of the Districtís drug or alcohol rules.

     
 

B.

the student has had a history of unexcused absences, and the Board believes that, based upon the location of the student's residence, attendance would be a problem for the student if the student is enrolled in the District.

For purposes of computing the number of days of suspension of the student requesting enrollment, student discipline received from a teacher pursuant to I.C. 20-33-8-25(b)(7) and I.C. 20-26-11-32(j) shall be included in the calculation of the number of school days that a student has been suspended.

Transportation will not be provided by the School District for transfer students accepted for enrollment, unless the transfer student has an Individualized Education Program (IEP) in which transportation is required to be provided as a related service.

No transfer student shall be accepted for enrollment for athletic reasons.

Transfer students will be charged.

I.C. 20-18-2-11 (legal settlement defined)
I.C. 20-33-2-12 (transfer to another accredited or non-accredited school)
I.C. 20-33-8-17 (expulsion for lack of legal settlement)
I.C. 20-26-11-1 (residence defined)
I.C. 20-26-11-2.5 (divorced parent election)
I.C. 20-26-11-6(e) (option to not charge transfer tuition)
I.C. 20-26-11-6.5 (children of school employees)
I.C. 20-26-11-6.7 (nonpublic school students)
I.C. 20-26-11-32 (student transfer requests, HEA 1381 Ė 2013)
SEA 108-2017
Plyer v. Doe, 457 U.S. 202 (1982) (State Statute denying free public education to illegal immigrants violated the Equal Protection Clause of the Fourteenth Amendment)
Divorced Parents Agreement: http://www.doe.in.gov/sites/default/files/legal/formiii.pdf
Third Party Agreement: http://www.doe.in.gov/sites/default/files/legal/custodialstatementinstructions.pdf

Revised 7/24/17

© Neola 2017