Administrative Guideline - 4111a Legal Settlement

A student's legal settlement is in the Corporation attendance area if:

A.    the student's parents reside in the Corporation attendance area;

B.     when the student's parents are divorced or separated, the parent with whom the student is living resides in Corporation attendance area;

C.     the student's parents are unable to support the student and have placed the student in the home of a person who resides in the Corporation attendance area and who supports and cares for the student;

D.    the student is married and living with his/her spouse in the Corporation attendance area;

E.     the student's parents are living outside the United States, maintain no permanent home within the attendance area of any United States school corporation, and have placed the student in the home of a person who resides in the Corporation attendance area;

F.     the student is emancipated, and the student resides in the Corporation attendance area.

At the time of the enrollment of a student to which paragraph B, C, D, E, or F applies, the student's enrollment may be conditioned upon proof that the student's legal settlement is in the Corporation attendance area. If there is reason to believe, at any time after a student is enrolled, that the student's legal settlement is not in the Corporation attendance area, such proof may also be required. This proof may include, but is not necessarily limited to:

A.    a copy of a decree of dissolution of marriage or written agreement between divorced or separated parents, determining the parents with whom the student shall live;

B.     a written statement by one (1) parent that the other parent has abandoned the student;

C.     a written statement by one (1) parent that no court order has determined the parent with whom the student shall live, and that the parents have verbally agreed upon the parent with whom the student shall live;

D.    copies of tax returns and other relevant financial information which may tend to prove or disprove the inability of the parent or parents of the student to support the student;

E.     copies of tax returns and other relevant financial information which may tend to prove or disprove the emancipation of the student;

F.     any other documents reasonably needed to prove or disprove that the student's legal settlement is in the Corporation attendance area.

Failure or refusal of the student, the student's parents, or the person with whom the student is living to provide the requested proof may result in non-enrollment of the student or in the commencement of exclusion proceedings against the student.

The enrollment of a student whose parents are divorced or separated may be conditioned upon the execution by the parents or parent of the form "Divorced/Separated Parents Duties and Liabilities Agreement Establishing Student Legal Settlement Under the Terms of I.C. 20-8.1-6.1-1." The enrollment of a student to whom paragraph C or E applies may be conditioned upon the execution by the person with whom the student is living of the form "Third Person Custodian Duties and Liabilities Agreement Establishing Student Legal Settlement Under the Terms of I.C. 20-8.1-6.1-1".

When the facts as to the legal settlement of a student to whom paragraph C or E applies are in dispute, the enrollment of the student may be conditioned upon the appointment of the person with whom the student is living as the student's guardian. The appointment of the person with whom a student is living, of itself, does not permit the enrollment or continued enrollment of a student whose legal settlement is not in the Corporation attendance area.