5450 Student Residency
The Union Public School District is established for the purpose of serving the educational interests of resident students.
DEFINITIONS
A. Residency: As used in this policy, the terms “residence,” “residency,” and “legal residence” shall mean the student’s present place of abode, provided that it is a place where important family activities (such as sleeping, eating, working, relaxing and playing) take place during a significant part of each day. Mere presence alone
is not sufficient to establish residency. Documentary evidence that may be submitted to establish residency is identified in paragraphs A and C under Procedure for Resolving Residency Disputes (below).
B. Person having legal custody: As used in this policy, the phrase “person having legal custody” means a person who is legally responsible for the care of the child pursuant to the order of a court, governmental agency, or state law responsible for making custody determinations and/or placements.
C. The address established as primary residence will be the only address used in the student management system.
D. Homeless children and youth. As used in this policy, the phrase “homeless children and youth” means students who lack fixed, regular and adequate nighttime residence and includes:
1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals;
2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
3. Children and youths who are living in cars, parks, public spaces, buildings, substandard housing, bus or train stations or similar settings, and
4. Migratory children (as such term is defined in Section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses 1 through 4.
POLICY STATEMENT
A. State law provides that a child’s residence for school purposes is the school district in which the (1) parents, (2) guardian, or (3) person having legal custody holds legal residence. To ensure legal custody, a birth certificate or approved legal documents must be presented at time of enrollment. Enrollment must be completed by an identifiable parent or legal guardian. When a birth certificate or approved legal documents are not available, a temporary enrollment of 30 days may be approved with proof that the birth certificate or legal documents are being obtained to verify the identity of the child and legal guardian.
B. State law also grants school districts the discretion to permit a child to establish residency by residing with an adult who is a legal resident of the school district and does not fit into any of the categories listed above if such adult has assumed permanent care and custody of the child.
C. The Board of Education of the Union Public School District has determined that it is in the best interest of the district not to allow a child to establish residency in the district by residing with an adult who is a legal
resident of the district and has assumed permanent care and custody of the child but does not fit into any of the categories listed in section A (parent, guardian or person having legal custody). Students may attend school temporarily (30 days) with proof that guardians are completing the legal guardianship/custody process. The residency officer must be notified when legal status is obtained. If a divorce has been granted, the decree will state which parent has legal custody. If the decree awards joint custody, then the residence in which the child resides on a regular basis determines the legal residency of the child for school attendance.
D. The Residency Officer will determine whether a student is a homeless child or youth for purposes of establishing residency and promptly advise the parent, guardian or person having legal custody of the child of the decision, both orally and in writing, if possible. If there is no such person, the Residency Officer will advise the student. The district will enroll each homeless student and permit his or her full participation in all school programs, whether or not the student is accompanied by a parent, guardian or person having custody of the child, and without proof of residence, current immunizations and traditional enrollment documentation, such
as school records and medical/immunization records. The district’s homeless liaison may assist the student and school in obtaining those items. A parent, guardian or person having legal custody of the child who disagrees with the Residency Officer’s determination may appeal the decision to the Superintendent or designee under the procedure identified in paragraph D, item 4, under Procedure for Resolving Residency Disputes (below). If there is no parent, guardian or person having legal custody of the child available, the student may appeal the decision.
E. Per SB 1951, children of military families will be afforded a timely enrollment process ensuring they are not placed at a disadvantage due to the deployment of a military parent. This removes barriers imposed on children of military families because of frequent moves.
F. Per HB 2069, foster care students may now be enrolled in any of the following districts:
• the district where the child resided prior to being in foster care,
• the district of the current foster family,
• the district of the prior foster family,
• the district where another student in the foster home is being educated pursuant to a transfer. PROCEDURE FOR RESOLVING RESIDENCY DISPUTE
A. The Union Public School District recognizes that there may be occasions when there is a dispute regarding
residency. Upon enrollment in the school system, the district will verify that the student is a resident of the district or is otherwise entitled to attend school in the district for any reason authorized by law. As a part of this verification process, the district will obtain an address from each student or the student’s parent/guardian or person having legal custody of the child. In providing an address to the district that is within the district’s boundaries, the student and the student’s parent/guardian or person having legal custody of the child represent that this address is the student’s residence. The district may also require, in order to verify residency, certified copies of court orders, guardianship documents, written agreements, and affidavits relating to the care, custody and control of the student, and any other information deemed relevant by the district.
B. If at any time an administrator of the district has a reasonable belief that the reported residence may not be the residence of the child for purposes of school attendance, the administrator will complete an investigation form. The Residency Officer shall notify the student’s parent/guardian or person having legal custody of the child that there is a question regarding the legal residency of the student. The student’s parent/guardian or person having legal custody of the child shall be given an opportunity to submit information regarding the student’s residency to the district’s Residency Officer. All notices required by this policy shall be in writing. If residency is still in question, a home visit may be required. Additionally, reasonable alternative arrangements for documenting communications will be made for those persons who are visually impaired or otherwise unable to communicate in writing.
C. Information or documentation to prove student residency in the district shall include, but not be limited to, proof of provisions of utilities (telephone and cable bills are not acceptable) in the name of the care provider for the address, payments of ad valorem taxes, local agreements or contracts for purchasing/leasing housing, income tax returns, notes, mortgages, contracts and any other source of proof which is not in conflict with statutory provisions relating to the residence of students. Two verifiable proofs of residency will be required at enrollment or at any time verification of residence is requested.
Address changes reported to schools must be sent immediately to the Enrollment Center for validation and official change in the student management system with two proofs of address as listed in section C.
D. Any question or dispute as to the residence of a student shall be determined by the Residency Officer, and the Board of Education, pursuant to the following procedures:
1. The student’s parent/guardian or person having legal custody of the child must notify the Residency Officer in writing or by email of the review request within three (3) school days from the date of written denial
of admittance or from the date of written notification that the student is considered not to be a resident of the district. Upon receipt of a request for review, the Residency Officer shall allow the parent/guardian or person having legal custody to provide additional pertinent information in accordance with the district’s criteria and the statutory provisions regarding residency. This information must be submitted with the request for review.
2. The Residency Officer must render a decision and notify the student’s parent/guardian or person having legal custody of the child of the decision and reasoning thereof in writing within five (5) school days of the receipt of the request for review.
3. In the event the student’s parent/guardian or person having legal custody of the child disagrees with the Residency Officer’s decision, such person shall notify the Residency Officer in writing within three (3) school days of his/her receipt of the Residency Officer’s decision. The Residency Officer will submit his/her findings and all documents reviewed to the Superintendent or designee. The Superintendent or designee will review the decision and the documents submitted on behalf of the district and the student and will render a decision. The decision of the Superintendent will be final.
4. In an effort to place students in school as quickly as possible, timelines shall be followed unless, due to emergency circumstances, both parties agree to an extension of timelines.
MISCELLANEOUS PROVISIONS
A. Hearings involving more than one student where students are related or residing in the same household may, at the discretion of the Residency Officer and the Superintendent or designee, be consolidated.
B. In the event the residency dispute involves an 18-year-old student, all notices will be delivered to the student because, at 18, the student ceases to be a minor.
C. If already enrolled and attending school in the district, a student or students involved in a dispute related to the student’s residency may remain in school until available appeals are exhausted when the student or the student’s parent/guardian or person having legal custody of the child has filed an appeal in the manner and within the time permitted by this policy.
D. The Residency Officer shall be in charge of maintaining the files related to a residency dispute, ensuring that the principals or others directly involved in such a dispute forward their records of the dispute following their involvement, and otherwise keeping all communications involving the dispute intact.
E. The Residency Officer of the district is the Director of Enrollment.
F. The Board of Education understands that there may be some instances where residency may be established on a date other than the date the student was enrolled in the district. For any period during which a student is enrolled in the district but is not a resident of the district, the district may charge tuition if it is established that the student’s parent/guardian or person having legal custody of the child knew or should have known that the child or children who are the subject of the residency dispute were not residents of the district. The tuition shall be based on a per capita cost of educating a student in the district during the preceding year. This issue may be raised along with other issues related to the residency dispute and shall be heard in the same manner.
G. The district shall provide for educational services for homeless children to the extent required by Public Law 100-77, Title VII, Subsection B.
H. The district reserves the right to require reverification of student residency at any time which may include a home visit.
I. A copy of this policy shall be given to the student’s parent/guardian or person having legal custody of the child as soon as possible following the inception of any residency dispute.
J. Legal residents who move from the district during a school year shall be entitled to continue for the remainder of that school year but will be responsible for their own transportation; no district transportation will be provided. This provision may be revoked if the student fails to comply with district regulations for attendance and student behavior. The student may apply for a transfer to continue enrollment at Union Public Schools under the provisions of Union Board of Education Policy 5500, Student Transfer.
K. False information regarding residency, falsification of documents, omission of reporting a move outside of the district, false statements regarding guardianship or custody, will result in immediate cancellation of enrollment in the district.
L. In order to document permanent residency in the district, the district can require evidence that the previous address is completely vacated and all furniture, appliances, clothing, food, vehicles, etc., are moved from a previous address to the address within the district.
M. 
It is the responsibility of the parent/guardian or person having legal custody to immediately inform the district Enrollment Center if the child’s legal address changes. The parent/guardian is also responsible for keeping the district informed of their current contact information. Changes in contact information can be made at the school, district Enrollment Center, or online through the parent portal.
N. A child will not be enrolled until all necessary documentation has been provided and verified.
O. Parents who cannot provide the necessary information to verify their address because they are residing with a friend or relative on a temporary basis will be required to complete an affidavit of residence. The affidavit of residence, once verified by school officials, will allow the student to attend school for thirty (30) calendar
days at which time the parent/legal guardian must provide additional verifiable documentation that a permanent residence has been established. Both the resident homeowner and the parent of the student are to present themselves in person to complete the affidavit. Each must provide a valid driver’s license or picture ID. The resident homeowner must provide two proofs of residence as required for all new students. The student’s parent will be expected to provide a final utility statement from their previous residence and documentation that the residence has been sold or that the lease has expired.
Adopted 10/14/96
Revised 7/13/98
Revised 12/13/99
Revised 1/13/03
Revised 12/8/03
Revised 12/13/04
Revised 2/12/07
Revised 12/10/07
Revised 11/10/08
Revised 1/18/10
Revised 12/12/11
Revised 12/10/12
Revised 12/9/13
Revised 12/8/14
Revised 12/14/15
Revised 12/10/18
Revised 12/14/2020
Revised 12/13/21
Revised 12/11/23