1. (a) If a student:

   1. (1) has legal settlement in the attendance area of a school corporation in another state, when legal settlement is determined without regard to the appointment of a guardian in Indiana solely to facilitate the placement of the student in a facility described in subdivision (2);

   2. (2) is placed in a state licensed private or public health care facility, private or public child care institution, or treatment center in Indiana by:

      1. (A) the parent of the student; or
      2. (B) a governmental entity in another state; and

   3. (3) is enrolled in a school corporation in Indiana;

      the state licensed private or public health care facility, private or public child care institution, or treatment center where the student is placed, regardless of when the student is placed, is jointly liable with the person placing the student for transfer tuition under this chapter.

2. (b) Notwithstanding subsection (a), a sole proprietorship, a partnership, an association, a corporation, a limited liability company, a fiduciary, an individual who is not the student's parent, or another entity in Indiana that accepts the placement of a student who:

   1. (1) has legal settlement in the attendance area of a school corporation in another state; and

   2. (2) is enrolled in a school corporation in Indiana;

      is the guarantor for the student's transfer tuition under this chapter unless there is another guarantor. The state board shall hear all appeals under this subsection in accordance with section 15 of this chapter.

      [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-13.]

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