How to Transfer Your Child to Another School

Posted By Hollingsworth & Zivitz Attorneys at Law || 4-Dec-2017

By Tom Blessing
Indiana Special Education Attorney
Hollingsworth & Zivitz
tblessing@hzlegal.com

When people hear the term “transfer schools,” they usually think of a family relocating from one school district to another: a family moves from Carmel to Fishers and the kids are withdrawn from Carmel and enrolled in Hamilton Southeastern—their new school corporation of legal settlement or “home school.” But under Indiana law, you may be able to transfer your child to another school without moving to a different county or changing your residence from one city to another. It’s a good way to send your child to a “better” school without having to reside in that particular school district.

If your child attends public school in Indiana and you are not satisfied with your local school district, you can request a transfer to a different school system in or out of state (if the other state’s law permits it). The procedure is simple: you will have to submit a written request to your current school district demonstrating that your child will be “better accommodated” in the district where you want to enroll her. In the case of students with disabilities (most of my clients fall into this category), you can request a transfer on the basis the other school system has “special programs or facilities” for students with your child’s disability.

Once it receives your transfer request, your current school district will forward it to the new district, then one of the following events should occur: (1) both school corporations approve the transfer within 30 days, (2) your current school district fails to act on your transfer request within 30 days in which case it is approved, or (3) either school district denies your request.

If your request to transfer is approved, you will have to arrange transportation for your child to the new school. If your transfer request is denied, you may appeal the denial by sending a written request for a hearing to both superintendents and the State Board of Education within 10 days of the denial. The Board will then appoint an administrative law judge who will serve as the hearing examiner and decide your appeal.

My advice is to speak with administrators in both your child’s current school corporation and the one where you want to enroll her and make sure that both are willing to approve the transfer ahead of time in order to avoid any unpleasant surprises. One of my clients planned on transferring her children to another school and accepted a new job in order to be closer to what she thought was going to be their new school only to have her transfer request denied.

If you have questions, feel free to email me for a free consultation: tblessing@hzlegal.com

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