The Indiana State Legislature passed legislation altering Indiana Code 20-26-11-32, affecting the process public school districts must follow should a district accept nonresident students.
Below are some requirements of the law:
- Districts must determine annually, the capacity to accept out of district transfer students.
- Districts must publish the date applications for nonresident enrollment are accepted and the deadline by which applications must be submitted.
- Districts must give priority to children of nonresident employees, siblings of nonresident children of employees, current nonresident students, and siblings of nonresident students.
- Should applications exceed the capacity determined by the administration, students are to be selected randomly for acceptance.
- Nonresident applications may be denied if the student was, in the twelve (12) months preceding the application:
- Suspended or expelled for ten (10) or more school days;
- Expelled for firearms, destructive devices, or weapons;
- Suspended or expelled for causing physical injury to a student (including fighting), school employee, or a visitor to the school, or;
- Suspended or expelled for a violation of the home school or previous school’s drug or alcohol rules.
The parent of the student making the request is responsible for informing the MSDWT of any of the infractions cited in items A through D above. A document addressing this information must be included with the application in order for the application to be considered. Parents/Guardians may be required to sign a document affirmatively stating that the student has not been subject to these types of discipline. The nonresident student may be removed from enrollment in the MSDWT if the information provided is found to be inaccurate.
Below are some important MSDWT applications of the new law:
- Nonresident families will have the opportunity to apply for nonresident enrollment provided the student meets the minimum criteria of enrollment and there is capacity to accept the student(s).
- Transportation of nonresident students is the responsibility of the parent/guardian unless otherwise mandated by state or federal law.
- Nonresident status will be applied on a year-to-year basis. All nonresident families must submit an initial Application for Nonresident Status (if not already a nonresident student) or an Intent to Continue Nonresident Status (if currently a nonresident student) each year by a published deadline.
- Nonresident applicants must supply complete official discipline documentation from all schools attended in the twelve (12) months preceding application. Parents/Guardians may be required to provide additional official discipline documentation for dates between the application date and the start of nonresident enrollment.
- The decision/policy to accept new nonresident students will be reviewed annually based on capacity and costs to the district.
The MSDWT Board of Education revised district Policy 5111 to reflect the new legislative requirements.
The District will determine the capacity to accept nonresident students annually per Indiana Department of Education guidance. The capacity to accept nonresident students will be determined by grade level (the district may consider building level capacity when determining grade level capacity). Students accepted as nonresident students will not be automatically approved annually. Nonresident requests will be reviewed each school year, with no transfers automatically carried over to subsequent school years.
Applications must contain verification of the student’s discipline record as represented by the parent/guardian on the application. The verification must contain records from the student’s previous school of enrollment for the twelve (12) months preceding application. Applications not containing verification may be denied upon receipt.
Applications received after the published deadline may be automatically denied.
Incomplete applications may be denied upon receipt.
Annual Acceptance Period
Enrollment may be granted for a period of one school year (July 1 to June 30). Nonresident requests will be reviewed each school year, with no transfers automatically carried over to subsequent school years.
In order for students enrolled as nonresident students to continue attending the MSDWT, the Intent to Continue Nonresident Status application must be submitted annually by December 15. If the Intent to Continue Nonresident Status application is submitted after the published deadline, the student will be considered only on capacity criteria after all on-time applications are processed and students are placed.
A student’s continued nonresident status may be denied should he/she receive disciplinary consequences, while an MSDWT student, consistent with those listed above as potential reasons for denial of an initial application for nonresident status.
Employees must submit an application for nonresident children prior to the deadline. Intent to Continue Nonresident Status applications must be submitted annually to continue nonresident status. Application for Nonresident Status and Intent to Continue Nonresident Status application must be submitted between October 1 and December 15.
Transportation of nonresident students to and from school is the responsibility of the parent/guardian unless otherwise mandated by state or federal law.
No nonresident student shall be accepted for enrollment for athletic reasons.
Please identify the appropriate form for your child, noting that some of the forms are for first time nonresident applicants, and some forms are for current nonresident students. Forms are also specific to elementary (KG-5th grade) and secondary (6th – 12th grade). Both current nonresident students and students applying for the first time, must be aware of the Parent Responsibility Letter, as well as the Nonresident Discipline Form.