Series Name
Policy Name
Eligibility of Resident/Non-resident & Foreign Exchange Students
Adoption Date
Revision Date


The Board establishes the following residency policy for determining eligibility to attend the schools of this Corporation:

A. The Board will educate, tuition free, those students who have legal settlement in the Corporation. Legal Settlement is the attendance area of the Corporation in which the parent/guardians reside.

I.C. 20-26-11-1 et. seq.
I.C. 20-26-11-19 
I.C. 20-26-11-6 (b), (d), (e)
B. The Board will educate, tuition free, non-resident students who are accepted for enrollment.

C. The Corporation will not provide transportation from outside corporation boundaries.

D. Foreign-exchange students, participating in a foreign-exchange program approved by the State Board of Education and living with a host family, will be admitted tuition free.

E. The Corporation shall provide a free education to those students who are considered by Federal law to be illegal aliens by criteria established by the State.

F. Students living within the boundaries of Marion Community Schools whose parents move from one attendance district to another during the last nine (9) weeks of a semester may continue enrollment in the present building with their principal’s consent until the end of the semester.

G. Students who do not have legal settlement in the Corporation may be enrolled in the Corporation in special programs offered through cooperative agreements with other school corporations.

H. Nonresident students may be accepted into the Corporation’s Summer School Program on a space available basis.

Children of Joint Custody Decrees

If the student resides in another school corporation but attends school in this Corporation (where one (1) parent has legal settlement), it is the obligation of the parents to provide transportation for the student from the home of the non-resident, custodial parent.

Transfer Students

The Corporation will accept non-resident students under the following conditions:

A. A written application for student enrollment must be filed with the Corporation.

B. Based upon guidelines established in IC 20-26-11-32, Marion Community Schools shall annually establish:

  1. The number of non-resident transfer students the school corporation has the capacity to accept in each grade level; and
  2. The date by which requests to transfer into the school corporation must be received by the governing body. After establishing this date, the governing body shall:

a. publish the date on the school corporation’s Internet web site; and

b. report the date to the Indiana Department of Education.

If the number of requests of non-resident students to transfer into Marion Community Schools received by the date established for the school corporation exceeds the capacity established for the corporation, each timely request must be given an equal chance to be accepted.

Marion Community Schools will determine which students will be admitted as non-resident transfer students to each school building or each grade level within the school corporation by a random drawing in a public meeting.

The transfer must not place an undue burden on the Corporation.

C. Attendance, disciplinary and behavioral records from previously attended schools will be considered. Marion Community Schools may deny a request for a non-resident student to transfer to the school corporation, or establish terms or conditions for enrollment that prevent a student from enrolling in a school, if the student has been suspended (as defined in IC 20-33-8-7) or expelled (as defined in IC 20-33-8-3) during the twelve (12) months preceding the student’s request for transfer under this section:

  1. For ten (10) or more school days;
  2. For a violation under IC 20-33-8-16;
  3. For causing physical injury to a student, a school employee, or a visitor to the school; or
  4. For a violation of a school corporation’s drug or alcohol rules.

NOTE:For purposes of subdivision (1), student discipline received under IC 20-33-8-25(b)(7) for a violation described in subdivisions (2) through (4) shall be included in the calculation of the number of school days that a student has been suspended.

The parent of a non-resident student for whom a request to transfer is made is responsible for providing Marion Community Schools with records or information necessary for school officials to determine whether the request to transfer may be denied.

A. The non-resident student’s socio-economic status, academic records, scores on ISTEP tests, disciplinary record (except as noted in Paragraph C above), disability, or any other factor not related to the school corporation’s capacity will not be considered.

B. The Corporation will not provide transportation from outside Corporation boundaries.

C. Without legal settlement, students may not use athletics as a primary reason for requesting transfer into Marion Community Schools.

D. The Corporation shall determine which school building the student will attend when there is a lack of available space in the building requested.


A. Students transferring to this Corporation shall be placed in those classes/courses or at the grade level for which their previous education experiences appear to qualify them.

B. The Superintendent or designee is granted the discretion/authority to approve or deny transfer requests based on the criteria listed in this policy.

C. Formal appeals of denied transfer requests may be submitted to the Board for final consideration.

D. Marion Community Schools MAY NOT deny a request (except under Section C; Page 2) for a non-resident student to transfer into the school corporation:

  1. if the transfer student is a member of a household in which any other member of the household is a student in the transferee school; and
  2. if the transfer student has a parent who is an employee of the school corporation.

E. Marion Community Schools will require any non-resident transfer student to meet the same eligibility criteria required of all students who attend any school building that offers a special curriculum.

Policy References

I.C. 20-26-11-1 et. seq.
I.C. 20-26-11-19 
I.C. 20-26-11-6 (b), (d), (e)