§ 6-18-202 — Age and residence for attending public schools - Definitions

(a) As used in this section: (1) "In loco parentis" means relating to the responsibility to undertake the care and control of another person in the absence of: (A) Supervision by the person's parent or legal guardian; and (B) Formal legal approval; (2) "Reside" means to be physically present and to maintain a permanent place of abode for an average of no less than four (4) calendar days and nights per week for a primary purpose other than school attendance; (3) "Resident" means a student whose parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside in the school district; and (4) "Residential address" means the physical location where the student's parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside. (b) (1) The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between five (5) and twenty-one (21) years of age: (A) Whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district; and (B) Who have been legally transferred to the school district for education purposes. (2) For purposes of this section, a student may use the residential address of a legal guardian, person having legal, lawful control of the student under order of a court, or person standing in loco parentis only if the: (A) Student resides at the same residential address; and (B) (i) Guardianship or other legal authority of the student is not granted solely for educational needs or school attendance purposes. (ii) However, subdivision (b)(2)(B)(i) of this section shall not apply to a host family of an international exchange student placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq. (3) A school district may require a parent, foster parent, legal guardian, person having lawful control of the student, or person standing in loco parentis who enrolls a student in a school district to sign a statement under oath attesting to his or her residential address or to provide other proof that a student is a resident of the school district as defined by this section. (4) A foster child may remain enrolled in a school district in this state under § 9-28-113 even if the foster home or placement is located outside the boundaries of the school district. (5) For purposes of this section, a dependent of a member of the uniformed services, as defined in § 6-28-104 , who is transferred to the state by official orders is considered a resident in a school district: (A) Before the physical arrival of the dependent of a member of the uniformed services in the school district; and (B) When the member of the uniformed services enrolls the dependent in the public school district as established under § 6-28-108 . (c) Any person eighteen (18) years of age or older may establish a residence separate and apart from his or her parent, legal guardian, person having lawful control of the person, or person standing in loco parentis for school attendance purposes. (d) In order for a person under eighteen (18) years of age to establish a residence for the purpose of attending the public schools separate and apart from his or her parent, legal guardian, person having lawful control of the person, or person standing in loco parentis, the person is required to reside in the district for a primary purpose other than that of school attendance. (e) (1) A school district shall not admit for ten (10) school days or more a student who is not a resident of the school district or is not otherwise entitled by law to attend the school district. (2) (A) A school district that determines that a student who resides within its boundaries is unlawfully attending another school district shall send written notification to the superintendent of the other school district that the student is unlawfully attending the school district. (B) The written notification to the superintendent shall include a reasonable description of the location of the residence, including a street address if available, and other information that enables the school district to determine that the student is a resident of the school district. (3) (A) The school district that receives the notification under subdivision (e)(2) of this section shall immediately investigate and determine which school district the student is required to attend. (B) The school district conducting the investigation shall: (i) (a) Complete the investigation within ten (10) business days after receiving the written notice. (b) The school district conducting the investigation may extend the investigation ten (10) business days in a case that involves five (5) or more students by submitting written notice within the first ten (10) business days of the investigation to the school district that submitted the notification under subdivision (e)(2) of this section; (ii) Make a determination as to which school district the student is required to attend; and (iii) Send a written report to the school district that submitted the notification, in writing, of the findings of the investigation and the documentation supporting its determination. (4) A student who is determined to be unlawfully attending a school not within the student's resident district shall be immediately barred from attending the nonresident school district. (5) (A) The school district that submitted the notification may within five (5) days after receiving the written report, appeal the decision of the school district that conducted the investigation. (B) The appeal shall be made to the Division of Elementary and Secondary Education. (C) The school district that conducted the investigation shall have the burden of proof in proving that the student is entitled to attend its school. (6) (A) The division shall promulgate rules to establish the procedure for a division hearing officer to investigate the appeal and conduct a hearing. (B) The division hearing officer may compel disclosure of information from both of the school districts in his or her duties. (C) (i) The decision of the division hearing officer may be appealed by either school district to the circuit court of the county where the school district that is appealing the decision is located. (ii) The circuit court shall affirm the decision of the division hearing officer if it is supported by substantial evidence. (f) Any person who knowingly gives a false residential address for purposes of public school enrollment is guilty of a violation and subject to a fine not to exceed one thousand dollars ($1,000). (g) This section shall not be construed to restrict a student's ability to: (1) Participate in a tuition agreement with a nonresident school district; (2) Officially transfer to another school district pursuant to the Public School Choice Act of 2015, § 6-18-1901 et seq.; or (3) Attend school as an international exchange student placed with a host family by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

Legislative History

Amended by Act 2023, No. 426,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 426,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1031,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 756,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 756,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1511, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1510, eff. 7/1/2019. Amended by Act 2015, No. 1094,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1227,§ 3, eff. 4/16/2013. Acts 1987, No. 466, § 1; 1987, No. 591, § 1; 1989, No. 895, § 1; 1999, No. 391, § 9; 1999, No. 663, § 1; 2005, No. 1994, § 64; 2005, No. 2121, § 6; 2009, No. 1310, §§ 1, 2.