School City of East Chicago
Bylaws & Policies
 

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

The School Board establishes the following residency policy for determining 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 and the student is being supported by and living with a person whose residence is within the School Corporation, the student may be enrolled without payment of tuition. If the parents are able to support the student and have placed him/her 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, tuition will not be charged.

 
 

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).

 

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 an emancipated minor is eligible to attend school without payment of tuition provided s/he 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 by 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 school. The election may be made only once a school year.

 
 

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 Corporation during the actual or proposed expulsion if:

 
 

1.

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

 
 

2.

the Corporation consents to the student's enrollment;

 
 

3.

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

 
 

Such students will not be charged unless otherwise required by law if they reside outside the boundaries of the Corporation.

 

If a student's parent fails to inform the Corporation of the expulsion or withdrawal to avoid expulsion or the student fails to follow the terms and conditions of enrollment, the Corporation 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 who do not have legal settlement may/will be enrolled in the special education program of this Corporation pursuant to the provisions of a Cooperative agreement.

 

K.

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 unless there was a policy in 2012-2013 school year that allowed students who do not have legal settlement to enroll in the Corporation. Those students, as well as students in the same household of a student who was enrolled in 2012-2013 whether or not that student attended a public school or nonpublic school may enroll for the current year. The governing body of the Corporation may authorize the transfer student from an accredited nonpublic school or charter school to a school within the school corporation.

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 (lotter selection of student transfer request, 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)
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 8/20/15

© Neola 2014