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FILE:  JECA
CRITICAL

 

ADMISSION OF RESIDENT STUDENTS

 


Prior to registering a student in District schools, the parent, legal guardian, military guardian, person acting as a parent or student shall complete all admission requirements as determined by Board policies, regulations and procedures. Students who do not meet the residency requirements and are not eligible for a waiver of proof of residency may only apply for admission in accordance with Board policy JECB.


To register a student, the parent, legal guardian, military guardian or the student shall provide, at the time of registration, one of the following:

 

1.         Proof of residency in the District. Except as otherwise provided by law and set forth in this policy, “residency” shall mean that a student both physically resides within a school district and is domiciled within that district. The domicile of a minor child shall be the domicile of a parent, military guardian pursuant to a military-issued guardianship, or court-appointed legal guardian; or other person who has care, custody or control of the student; or

 

2.         Proof that the person registering the student has requested a waiver of proof of residency within the last 45 days.


Waiver of Proof of Residency


Waivers of proof of residency may be granted only for hardship or good cause. Good cause shall include situations where the student is living in the district for reasons other than attending school in the district. Under no circumstances shall athletic ability be a valid basis of hardship or good cause.


The Board delegates to the superintendent or designee the responsibility of bringing to the Board's attention any application for a waiver in which the student is not clearly entitled to attend school in the district. All other applications will be accepted and granted on behalf of the Board. Once an application for a waiver has been identified for Board review, the Board shall convene a hearing as soon as possible, but no later than 45 days after the receipt of the waiver request or the waiver shall be granted. The Board president may appoint a committee of the Board to act in lieu of the Board to consider waiver requests.


Once a waiver of proof of residency has been requested, the student must be permitted to register and attend school until the Board decides whether to grant or deny the waiver request. If the request is granted, the student will continue to be enrolled in the District. If the request is denied, the student may not continue to attend school in the District.


In instances where there is reason to suspect that admission of the student will create an immediate danger to the safety of other students and employees of the district, the superintendent or designee may convene a hearing within five (5) working days of the registration request to determine whether or not the student may register.


A transitioning military student* who is placed in the care of someone other than the student's parent or military or legal guardian who resides within the district will be granted a waiver without a hearing and allowed to attend school in the district without the payment of tuition.


 

*          A transitioning military student is a student who is in the process of transferring from one (1) state or school district to another state or school district and was or is currently in the household of an active duty member of the military, including some veterans who are deceased or injured as defined by law.


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Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         10/14/1993

 

Revised:          01/14/1999; 04/04/2002; 12/09/2004; 05/12/2005; 10/12/2006; 06/11/2009

 

Cross Refs:     IGBCA, Programs for Homeless Students

 

Legal Refs:     §§ 160.2000, 167.020, .121, .126, .151, 452.375, 475.060, RSMo.

Martinez v. Bynum, 461 U.S. 321 (1983)

Horton v. Marshall Public Sch., 769 F. 2d 1323 (8th Cir. 1985)


St. Charles School District, St. Charles, Missouri

 

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For Office Use Only: JECA-C.SC6 (12/08)

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