Section 511IAC1-6-3. Determination of better accommodation

   Except where section 4 of this rule applies, a student will be determined to be better accommodated in the transferee than in the transferor, as provided in IC 20-26-11-5, on a showing of one (1) or more of the following:

  (1) Curriculum:

(A) the student has established an academic or vocational aspiration, a curriculum offering at the high school level that is important and necessary to that aspiration is available to the student at the transferee, and that curriculum offering at the high school level or a substantially similar curriculum offering at the high school level is unavailable to the student at the transferor; or

(B) the student is capable of earning an academic honors diploma, the school corporation does not offer the required academic honors diploma courses, and the student has completed academic honors diploma courses offered by the transferor and available to the student.

  (2) Crowded conditions:

(A) overcrowding at the transferor materially affects the student's opportunity to learn; and

(B) conditions at the transferee would be significantly less crowded.

  (3) Medical:

(A) attendance by the student at the transferor entails the risk of physical illness; and

(B) in the opinion, as supported by written documentation, of two (2) persons holding unlimited licenses to practice medicine in Indiana who have examined the student, attendance at the transferee would substantially reduce this risk.

  (4) Accreditation:

(A) the school to which the student is assigned in the transferor is not fully accredited by the board; and

(B) the student's request is related to the reason that the school has been accorded probationary accreditation status.

(Indiana State Board of Education; Rule A-4, Sec 4; filed Aug 31, 1981, 10:00 a.m.: 4 IR 1974; filed Mar 24, 1987, 3:00 p.m.: 10 IR 1694; filed Oct 13, 1987, 2:38 p.m.: 11 IR 935; filed Sep 26, 1997, 4:00 p.m.: 21 IR 379, eff Oct 1, 1997 [IC 4-22-2-36 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #96-283 was filed Sep 26, 1997.]; readopted filed Jul 23, 2003, 10:15 a.m.: 26 IR 3960; errata filed Jul 11, 2005, 10:00 a.m.: 28 IR 3306; readopted filed Nov 28, 2011, 3:20 p.m.: 20111228-IR-511110558RFA) NOTE: Transferred from the Commission on General Education (510 IAC 2-4-4) to the Indiana State Board of Education (511 IAC 1-6-3) by P.L.20-1984, SECTION 206. Effective July 1, 1984.