2017 Indiana Code
TITLE 20. Education
ARTICLE 26. SCHOOL CORPORATIONS: GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 11. Legal Settlement and Transfer of Students; Transfer Tuition
20-26-11-15. Determination by state board

     Sec. 15. (a) The state board shall hear the following:

(1) All appeals from an order expelling a child under IC 20-33-8-17.

(2) All appeals provided in this chapter.

(3) All disputes on the following:

(A) Legal settlement.

(B) Right to transfer.

(C) Right to attend school in any school corporation.

(D) Amount of transfer tuition.

(E) Any other matter arising under this chapter.

The board shall hold a hearing on the timely written application of any interested party.

     (b) The state board shall make its determination under the following procedure:

(1) A hearing shall be held on each matter presented.

(2) Each interested party, including where appropriate, the parents, the student, the transferor corporation, the transferee corporation, or the state, shall be given at least ten (10) days notice of the hearing by certified mail or by personal delivery.

(3) The date of giving the notice is the date of mailing or delivery.

(4) Any interested party may appear at the hearing in person or by counsel, present evidence, cross-examine witnesses, and present in writing or orally summary statements of position.

(5) A written or recorded transcript of the hearing shall be made.

(6) The hearing may be held by the state board or by a hearing examiner appointed by it who must be a state employee.

(7) The hearing, at the option of the state board or hearing examiner, may be held at any place in Indiana.

(8) The hearing examiner shall make written findings of fact and recommendations.

(9) The determination of the state board must be made on the basis of the record, summaries, and findings, but it is required to examine only those parts of the entire record as it considers necessary.

     (c) The hearing and proceedings are not governed by IC 4-21.5.

     (d) The determination of the state board is final and binding on the parties to the proceeding.

     (e) A notice of the state board's determination shall be mailed to each party by certified mail. An action to contest the validity of the decision may not be instituted more than thirty (30) days after the mailing of the notice.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-10.]

As added by P.L.1-2005, SEC.10.