Office of Student Services Frequently Asked Questions

Office of Student Services
Frequently Asked Questions

Indiana Department of Education
State Attendance Officer
Room 229, State House
Indianapolis, IN 46204-2798
http://www.doe.in.gov/sservices/sao.htm
muggle@doe.in.gov
(800) 833-2199

FREQUENTLY ASKED QUESTIONS INDEX

1. When is a child required to be in school?

2. Must a student have a birth certificate to enroll?

3. May a school withhold records from a requesting school because a student did not pay book fees or other fees?

4. May a school refuse to enroll a child between the ages of 7 and 18, who has not been suspended or expelled if the child lives in the school corporation area?

5. May a school deny enrollment to a student over the age of eighteen? How does a public school decide legal settlement or discipline issues for students over age eighteen?

6. Must the parent have documentation to prove their residence?

8. What are the laws governing home education?

9. Do home educators have to provide curricula, an educational plan, or other proof of educational services to the public schools to show that they are competent to educate in their home?

10. Who has the responsibility for a child’s attendance in school?

11. When may a child withdraw for child labor reasons?

12. What rights do parents have under our general education laws? Note: “Rights” in this context refers to benefits or privileges of education in Indiana by constitution, statute, rule or policy.

13. May students be placed in community service as a disciplinary action?

14. What disputes may be heard by the Indiana State Board of Education?

15. What is the “notice” requirement for the Compulsory School Attendance Law?

FREQUENTLY ASKED QUESTIONS

1. When is a child required to be in school?

The school year the child turns 7 for public school and at age 7 for nonaccredited, nonpublic school. See I.C. 20-33-2, Sections 6 and 8. Note that the starting age for kindergarten (age five by 1 August) does not affect the starting age for First Grade. The Indiana Code does not have an age for eligibility for First Grade, just for school attendance.

2. Must a student have a birth certificate to enroll?

No. Just proof of student’s date of birth that is reliable. A child may not be denied enrollment due to lack of documentation. If the family is unable to produce reliable documentation, the school shall turn the child’s name in to the Indiana Clearinghouse on Missing and Exploited Children (State Police). See I.C. 20-33-2-10.

3. May a school withhold records from a requesting school because a student did not pay book fees or other school fees?

No. The statute says a school “shall” release the records upon request. School records are official documents and do not “belong” to public schools like they do to private schools. Private schools may refuse to release records that they produced. In the opinion of the State Attendance Officer, private schools may not refuse to release records that were produced in public school at taxpayers’ expense. See I.C. 20-33-2-10. The statute’s use of the term “school” in this statute is not limited to public schools. Some public schools still try to withhold school records due to a parent’s failure to pay school fees. Indiana Code 20-33-5-11 specifically prohibits the withholding of benefits and privileges of education from a public school child due to the parent’s failure to pay required fees.

4. May a school refuse to enroll a child between the ages of 7 and 18, who has not been suspended or expelled if the child lives in the school corporation area?

No. If a child is presented for enrollment after the beginning of school the child must be enrolled. Children must be in school when the school is in session. Failure to be in school when the school is in session may be truancy. Some schools have a 10 or 15 day limit and if a child comes to school after that limit the school refuses to enroll them. That policy violates the Compulsory School Attendance Law and may not be legally enforced. See I.C. 20-33-2-5. Also, school officials who knowingly deny enrollment to a child required to be in school by the Compulsory School Attendance Law violate Indiana law requiring children’s attendance in schools. See I.C. 20-33-2-29. This violation of law is a Class B misdemeanor. Each day is a separate offense. See I.C. 20-33-2-29 and I.C. 20-33-2-44.

5. May a school deny enrollment to a student over the age of eighteen? How does a public school decide legal settlement or discipline issues for students over age eighteen?

Students over the age of eighteen are not required to attend school under the Compulsory School Attendance law but they have a right to an education under the Constitution of the State of Indiana, Article 8, Section 1. The policy of the Indiana Department of Education is that students who have not graduated (earned a diploma) from high school are eligible for attendance in public schools. Students over age eighteen are subject to the pupil discipline law (See I.C. 20-33-8) and the law of legal settlement (See I.C. 20-26-11). The school makes the final decision on placement in classes.

6. Must the parent have documentation to prove their residence?

No. Parents must enroll their child within the boundaries of the school corporation in which they (the parents) live. Schools may reasonably ask for papers which indicate residence. However, parents may not have that information if they are homeless or living with a relative. Schools must enroll children presented for enrollment and then verify legal settlement by a school official or attendance officer home visit. See I.C. 20-33-2-39.

If the school still doubts the child’s legal settlement, the school may have a meeting to decide legal settlement. See I.C. 20-33-8-17. The State Board of Education has the authority to determine legal settlement appeals. See I.C. 20-26-11-15.

7. May schools use the Custodial Agreement Forms, prepared by the Indiana Department of Education and approved by the Superintendent of Public Instruction, in cases where a person other than the parent wants to enroll a child?

Yes. Persons other than the parent may be caring for a child. If the child is placed with a person by the parent, and it is not solely or primarily for the purposes of attending school, the school may use the Custodial Agreement Forms authorized by I.C. 20-26-11-3. Schools may obtain these forms from the State Attendance Officer or the Legal Section, Indiana Department of Education. If the school believes that a student does not legally reside in the school corporation area the student (after enrollment) may be expelled following due process of law. See I.C. 20-33-8-17. Note that this law specifically prohibits the removal from school of a student pending due process. See I.C. 20-33-8-23. Indiana Code does not permit denial of an education to anyone without due process of law. The Indiana State Board of Education shall hear all appeals from an order expelling a child for lack of legal settlement. See I.C. 20-26-11-15.

8. What are the laws governing home education?

The Compulsory School Attendance law governs the education of all children, in all schools, up to the age of eighteen. For a question/answer discussion of issues between public schools and home schools ask for the brochure “The Relationship of Public Schools and Home Schools,” State Attendance Officer (317) 232-9132.

9. Do home educators have to provide curricula, an educational plan, or other proof of educational services to the public schools to show that they are competent to educate in their home?

No. Home educators (the term is interchangeable with home schoolers) must, upon request of the local or state superintendent, show attendance records. There is no format to the records required by law. See I.C. 20-33-2-20. Home educators must also register with the State Department of Education as a private school. See I.C. 20-33-2-31. They do not have to use any specific type of curriculum. See I.C. 20-33-2-12. One interpretation of educational law as it applies to home educators is that it is legislative intent that there is a form of accountability (attendance) but not of quality control. Consequently, the public schools do not have any jurisdiction to demand that home schools provide anything other than attendance records. Issues of equivalency or neglect are questions of law that should be referred to the proper authorities in your county. The proper authorities include, but are not limited to, Child Protection Services, the Prosecutor’s office, and law enforcement.

10. Who has the responsibility for a child’s attendance in school?

(a) the student. See I.C. 20-33-2.
(b) the parent. See I.C. 20-33-2-27.
(c) the school corporation administrator and the administrator of any other educational, correctional, charitable, benevolent institution, or training school having children under the institution’s authority. See I.C. 20-33-2-29.

11. When may a child withdraw for child labor reasons?

Age 14. It is unlawful for any person, firm, limited liability company, or corporation to hire, employ, or permit any child less than age 14 to work in any gainful occupation. See I.C. 20-33-3-5.

12. What rights do parents have under our general education laws? Note: “Rights” in this context refers to benefits or privileges of education in Indiana by constitution, statute, rule or policy.

a. The right to send their child to school in the school corporation where they live. See I.C. 20-26-11.
b. The right to have the child attend the school that the child attended at completion of the child’s 11th grade, without regard to the parent’s change of residence. I.C. 20-26-11.
c. The right to appeal to the State Board of Education on questions of right to attend school, legal settlement, transfer tuition and other matters. See I.C. 20-26-11-15.
d. The right to examine their child’s educational records in accordance with the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, Administrative Rules of the Indiana State Board of Education, 511 IAC 7-23-1 and I.C. 20- 33-7.
e. The right to be informed of a student’s suspension from school. See I.C. 20-33-8-18.
f. The right to be informed of a meeting to expel the parent’s child. See I.C. 20-33-8-19.
g. The right to withdraw their child from public school subject to the child receiving an education equivalent to public school. See I.C. 20-33-2-28.
h. The right to a free appropriate education of a child with suspected disabilities under the Individuals with Disabilities Education Act (IDEA) and the Administrative Rules of the Indiana State Board of Education, as defined at 511 IAC 7-17 et seq.
i. The right to request an evaluation of a child with suspected disabilities under Section 504, Rehabilitation Act of 1973. See 34 C.F.R. Part 104. You may obtain copies of Section 504 from the State Attendance Officer, Indiana Department of Education, Room 229, State House, Indianapolis, 46204-2798.
j. The right to question information in a school record and place a statement in that record describing what the parent believes is misleading or inaccurate. See subparagraph 12.d. (above) and Administrative Rules of the Indiana State Board of Education, 511 IAC 7-23-2.
k. The right to authorize their child to possess and self administer medication in public schools. See I.C. 20-33-8-13.

13. May students be placed in community service as a disciplinary action?

Yes, for up to 120 hours with parent permission. Effective July 1, 1996. See I.C. 20-33-8-25.

14. What disputes may be heard by the Indiana State Board of Education?

a. All appeals from an order expelling a child under I.C. 20-33-8-17. (expulsion for lack of legal settlement).
b. All appeals provided for in I.C. 20-26-11.
c. All disputes on the following:
(1) Legal settlement.
(2) Right to transfer.
(3) Right to attend school in any school corporation.
(4) Amount of transfer tuition.
(5) Any other matter arising under this chapter (IC 20-26-11).

15. What is the “notice” requirement for the Compulsory School Attendance law.

The Indiana Court of Appeals held in Hamilton v. State, 694 N.E.2d 1171 (Ind App 1998), that proper notice to a parent of a violation of the Compulsory School Attendance law must be by certified mail (my emphasis). In this case regular mail was held to not meet the “personal notice” requirements of Indiana Code 20-8.1-3-33 (b), now recodified as Indiana Code 20-33- 2-27.

If you have questions concerning rights of parents of disabled children contact the Division of Exceptional Learners, Indiana Department of Education at (317) 232-0570. If you have questions concerning the attendance of children in school contact the State Attendance Officer at (800) 833-2199 or (317) 232-9132. If you have questions concerning the right to appeal to the Indiana State Board of Education or if you have legal questions, contact the Legal Section, Indiana Department of Education at (317) 232-6676. The State Attendance Officer email is gnettles@doe.in.gov.