Transfer Tuition Policy
School City of Hobart
Bylaws & Policies
5111 - DETERMINATION OF LEGAL SETTLEMENT AND ELIGIBILITY FORENROLLMENT OF STUDENTS WITHOUT LEGAL SETTLEMENT IN THE CORPORATION
The Board establishes the following policy for determining student eligibility to attend the schools of this Corporation.
A. The Board will educate, tuition free, students who have legal settlement in the Corporation, 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 student’s parent or legal guardian and the student is being supported by and living with a person whose residence is within the Corporation, the student may be enrolled without payment of tuition. Parents may not place students in the home of another person primarily for the purpose of attending school in this Corporation without establishing legal guardianship as required by Indiana law, which may not be done for the sole purpose of school attendance.
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 Corporation, 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 Corporation 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 Corporation, 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 Corporation.
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 Corporation.
H. Children of Divorced Parents
Children of divorced parents may attend school in this Corporation without the payment of tuition if one (1) parent resides in this Corporation and a timely election is made. Utilizing the "Custodial Statement and Agreement: Divorce, Separation or Abandonment" form provided in the Indiana State Board of Education.
Not later than fourteen (14) days before the first student day of the school year for which the parent seeks enrollment, the parent with physical custody of the child must notify the Superintendent of the school corporation in which the parents seek to have the student enrolled of their election to enroll the child in the Corporation. The election may be for no less than one (1) school year.
I. Students whose parents do not have legal settlement within the Corporation but who present evidence that they will move into the Corporation within a short period of time may enroll in the schools of this Corporation as tuition students for the time not in residence.
J. Students who do not have legal settlement may be enrolled in the special education program of this Corporation pursuant to the provisions of a Cooperative agreement.
K. Nonresident students may be accepted into the Summer School Program provided by this Corporation.
L. Transfer Students
The Corporation shall enroll only those students who have legal settlement in the School Corporation. The Corporation does not enroll students who do not have legal settlement as determined pursuant to I.C. 20-26-11.
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. 20-26-11-32 (lottery selection of student transfer requests, HEA 1381-2013)
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