1. (a) A school corporation may enter into an agreement with:

   1. (1) a nonprofit corporation that operates a federally approved education program; or

   2. (2) a nonprofit corporation that:

      1. (A) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
      2. (B) for its classroom instruction, employs teachers who are certified by the department;
      3. (C) employs other professionally and state licensed staff as appropriate; and

      4. (D) educates children who:

         1. (i) have been suspended, expelled, or excluded from a public school in that school corporation and have been found to have an emotional disturbance;
         2. (ii) have been placed with the nonprofit corporation by court order;
         3. (iii) have been referred by a local health department;
         4. (iv) have been placed in a state licensed private or public health care or child care facility as described in section 8 of this chapter; or

         5. (v) have been placed by or with the consent of the department under IC 20-35-6-2 ;

            in order to provide a student with an individualized education program that is the most suitable educational program available.

2. (b) If a school corporation that is a transferee corporation enters into an agreement as described in subsection (a), the school corporation shall pay to the nonprofit corporation an amount agreed upon that may not exceed the total of:

   1. (1) the transfer tuition costs for the student that otherwise would be payable to the transferee corporation; and
   2. (2) a proportionate amount of any state or local distributions to the transferee corporation that are computed in any part using current ADM or any other student count in which the student is included, if the transferee corporation includes the student in the transferee corporation's current ADM for the period in which the student is being educated by the nonprofit corporation.

3. (c) If a school corporation that is a transferor corporation enters into an agreement as described in subsection (a), the school corporation shall pay to the nonprofit corporation an amount agreed upon, which may not exceed the total of:

   1. (1) the transfer tuition costs that otherwise would be payable to a transferee school corporation; and

   2. (2) a proportionate amount of any state or local distributions to the transferor corporation that are computed in any part using current ADM or any other student count in which the student is included, if the transferor corporation includes the student in the transferor corporation's ADM for the period in which the student is being educated by the nonprofit corporation.

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

As added by P.L.1-2005, SEC.10. Amended by P.L.246-2005, SEC.131; P.L.99-2007, SEC.169; P.L.159-2007, SEC.2; P.L.205-2013, SEC.241.