(1)Every public school shall be open for the
admission of all children, between the ages of five and twenty-one years, residing in
that district without the payment of tuition. The board of education shall have
power to admit adults and children not residing in the district if it sees fit to do so
and to fix the terms of such admission.
(2)A child shall be deemed to reside in a school district if:
(a)Both his or her parents, or the survivor of them, or the one of them with
whom such child resides a majority of the time pursuant to an order of any court of
competent jurisdiction resides in the school district;
(b)The legally appointed guardian of his person resides in the school district;
(c)After emancipation by his parents, or the survivor thereof, from their or
his contro
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(1) Every public school shall be open for the
admission of all children, between the ages of five and twenty-one years, residing in
that district without the payment of tuition. The board of education shall have
power to admit adults and children not residing in the district if it sees fit to do so
and to fix the terms of such admission.
(2) A child shall be deemed to reside in a school district if:
(a) Both his or her parents, or the survivor of them, or the one of them with
whom such child resides a majority of the time pursuant to an order of any court of
competent jurisdiction resides in the school district;
(b) The legally appointed guardian of his person resides in the school district;
(c) After emancipation by his parents, or the survivor thereof, from their or
his control, and he has no guardian, he lives within the school district;
(d) In the judgment of the board of education of the school district wherein
the child lives, the child has been abandoned by his parents;
(e) The child has become permanently dependent for his maintenance and
support on someone other than his nonresident parents, or upon any charitable
organization, if the dependent child is actually to make his home and receive his
support within the school district where he desires to attend;
(f) If one of the child's parents or the guardian of his person is a public
officer or employee living temporarily for the performance of his duties in a school
district other than that of his residence. Unless the parents of a child are
permanently separated, the residence of the husband shall be deemed to be the
residence of the child, but, if the parents have permanently separated, the
residence of the child shall be that of the parent with whom the child actually lives.
(g) Regardless of the residence of the parents, if any, the child adopts a
dwelling place within the district with the intent to remain there indefinitely and
with the intent not to return to the dwelling place from which he came, and
regularly eats or sleeps there, or both, during the entire school year as defined in
section 22-1-112; but the child shall be deemed not to have the requisite intent if he
regularly returns to another dwelling place during summer vacations or weekends;
(h) The child is found to be homeless pursuant to the provisions of section
22-1-102.5 and the child presently seeks shelter or is located in the school district;
except that a homeless child shall be deemed to reside in another school district if
the child attended school in such school district at the time the child became
homeless, the child remains homeless, the affected school districts find that
attendance in such other school district is in the best interests of the child pursuant
to section 22-33-103.5, and the child chooses to continue attendance in such other
school district;
(i) The child is found to have become homeless pursuant to the provisions of
section 22-1-102.5 during a period that school is not in session, the child remains
homeless, and the child presently seeks shelter or is located in the school district;
except that the child shall be deemed to reside in another school district if the child
attended school in such school district immediately prior to the time the child
became homeless, the child remains homeless, the affected school districts find
that attendance in such other school district is in the best interests of the child
pursuant to section 22-33-103.5, and the child chooses to continue attendance in
such other school district; or
(j) The child is a student in out-of-home placement, as defined in section 22-32-138, but is enrolled in a school of origin, as defined in section 22-32-138, other
than an approved facility school, as defined in section 22-2-402, or a state-licensed
day treatment facility and was considered a resident of the school district at the
time the child became a student in out-of-home placement or at the time of
enrollment in the school of origin, whichever is most recent.
(3) School districts shall follow the procedures specified in section 22-33-103.5 in determining where a homeless child shall attend school and the
educational services provided to homeless children.