Indiana School Boards Association

Student Transfers and Transfer Tuition

An informational brochure explaining the law on legal settlement, student transfers and transfer tuition.

Students in Indiana are allowed to attend tuition free the school corporation in which they have legal settlement. In some instances, students may attend another school corporation in the state. This brochure is designed to answer some common questions on student transfers and transfer tuition.

1. What School Corporation is a Student Entitled to Attend?

A student in Indiana is entitled to attend tuition free the school corporation in which the student has legal settlement.

2. What is Legal Settlement?

Legal settlement is generally defined as the attendance area of the school corporation in which a student's parent(s) resides. If, however, the student's parents are divorced, the student's legal settlement is with the custodial parent. If the student resides with someone other than a parent and that person is the student's legal guardian, the student's legal settlement is with the legal guardian. If the student is emancipated, the student's legal settlement is where the student resides.

3. What School Within a School Corporation Does a Student Attend?

Legal settlement only determines which school corporation a student can attend free of charge. Which school within the school corporation the student attends is determined by the local school board. Generally, that determination is based on the student's residence within the school corporation.

4. May a Student Attend a School Corporation in Which the Student Does Not Have Legal Settlement?

A student may attend another school corporation in the state if: (1) the student or the student's parent(s) pays transfer tuition to another school corporation and the school corporation is willing to accept the student; (2) the student can be better accommodated in another school corporation; or (3) the student has been placed in a licensed health care facility, child care facility, or foster home in an area outside the student's legal settlement.

5. What is the Definition of Better Accommodated?

A student will be determined to be better accommodated in another school corporation if the student can prove one of the following:

a. The student has established an academic or vocational aspiration; a high school level curriculum offering at another school corporation is important and necessary to the student's aspiration; and the same or substantially similar high school curriculum offering is not available at the school corporation of legal settlement.

b. The student is capable of earning an academic honors diploma and the school corporation of legal settlement does not offer the required academic honors diploma courses, while another school corporation does.

c. The school corporation of legal settlement is so overcrowded that the student's opportunity to learn is affected and conditions at another school corporation would be significantly less crowded.

d. The student has a medical condition which would cause the student to be physically ill if required to attend the school corporation of legal settlement and, in the opinion of two physicians, the student's medical condition would be substantially reduced if the student attended another school corporation.

e. The school in the school corporation of legal settlement which the student attends is not fully accredited by the State Board of Education, and the student's request is related to the reasons the school was accorded probationary status.

6. How Can a Student Transfer?

If a student or the student's parent(s) pays transfer tuition, only the school corporation in which the student wishes to enroll needs to approve the transfer. The school corporation of legal settlement does not have to approve the request to transfer.

If, however, a student is seeking a transfer on the grounds the student can be better accommodated in another school corporation, the student must request the transfer in writing by April 1 preceding the first day of school at the school corporation of legal settlement. The Department of Education has developed forms for such a request. 

The school corporation of legal settlement is required to forward the request for transfer to the school corporation in which the student seeks to enroll. Both local school boards must act on the request within thirty days of the student's request. Failure to act on the request means the request has been approved.

If both boards approve the transfer, the student may attend the other school corporation and the school corporation of legal settlement must pay the transfer tuition. If, however, one school corporation denies the request, the student may not transfer.

7. May a Denial by a School Corporation be Appealed?
Yes, but only when the student seeks to transfer because the student can be better accommodated. In that case, if either school corporation denies the student's request to transfer, the student may appeal to the Indiana State Board of Education.

8. How Does the Appeal Process Work?

The State Board of Education will appoint a hearing officer who will conduct an administrative hearing to receive the evidence relevant to the student's request. The hearing officer will then prepare a recommended decision for the State Board of Education to consider. Any party may file written objections to the recommended decision and appear at the meeting of the State Board where the matter will be considered. The decision of the State Board of Education is final unless appealed to a local court.

9. What is Transfer Tuition?

Transfer tuition is the amount of money charged to a parent or the school corporation of legal settlement. The amount is determined through a formula which is outlined in statute. While the formula is the same for all school corporations, the amount of transfer tuition charged by the school corporations differs because it is based on that school corporation's costs of educating its students.

10. Who Must Pay Transfer Tuition?

If a student seeks to transfer without the approval of the school corporation of legal settlement, the student or the student's parent(s) must pay transfer tuition. This applies to all students and their parents. Children of school board members, administrators, teachers or any other school employee must pay transfer tuition if they attend a school corporation other than the one of their legal settlement.

If the transfer is because the student can be better accommodated in another school corporation, the school corporation of legal settlement must pay the transfer tuition. If the student has been placed in a licensed child care facility, health care facility or foster home by the state or by a court order, the school corporation of the student's legal settlement must pay the transfer tuition. If placement in one of these facilities is by the parent and the placement is for the student's physical or emotional health, the school corporation of legal settlement must pay the transfer tuition.

11. What if a Parent Fails to Pay Transfer Tuition?

Failure of the student or the student's parent(s) to pay transfer tuition may result in the student being expelled from the accepting school corporation.

The statutes on legal settlement, student transfers and transfer tuition can be found at I.C. 20-8.1-6.1. The applicable regulations of the State Board of Education appear at 511 1AC 1-6.

This brochure is written and published for informational purposes only. It is not nor is it to be used as a substitute for the official statutes on student transfers and transfer tuition or as a substitute for legal advice from competent school corporation counsel.