Open the Gate: A Summary of Enrollment and Residency Issues Susan Goldammer Missouri School Boards’ Association

The district will never get into trouble for accidentally educating a student!

Problem: The more complicated cases also involve the most at- risk students and there is (unfortunately) a disincentive to enroll.

3 Residency Questions 1. Where does the student live? 2. Who does the student live with? If not with parents Why is the student living in the district with someone other than a parent/guardian?

Where Does the Student Live? Student must actually live in the district UNLESS  Homeless  Voluntary transfer under desegregation order  Commissioner assigned student to district due to transportation hardship (rare)  Parents own property in the district and tuition is reduced by property tax paid to school

Where Does the Student Live? Student must actually live in the district UNLESS  Agriculture land of 80 acres or more spans two districts, student lives on the land, but house is in other district and at least 35% is in your district  Coming from a K-8 district or a district that is unaccredited  Were enrolled in the district, but placed with someone outside district because of parent’s military service  Were enrolled but placed in a foster home outside the district

Homeless Lacks a fixed, regular and adequate nighttime residence who: (1) Is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; is living in motels, hotels, or camping grounds due to lack of alternative adequate accommodations; is living in emergency or transitional shelters; is abandoned in hospitals; or is awaiting foster care placement;

Homeless (2) Has 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) Is living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;...

Educational Guardianship?  § , RSMo. allows for a court to appoint a person as guardian for educational purposes  The student still needs to be living in the district!

Divorce?  Most divorce decrees now state what the student’s residence is for educational purposes  Student still needs to actually be living in the district! –A day or two a week is probably enough  Divorce decrees are between the parents, and are not an order against the school

Who Does The Student Live With?  § , RSMo.: Presumption that student’s residency is with the parents, military guardian, or court-appointed legal guardian BUT  Horton v. Marshall Public Schools (8 th Cir. 1985): Unconstitutional to exclude from school students living in the district because the students are not living with parents, unless the only reason the student is living in the district is to access the school

Why Are You Living With Someone Other than Parents?  Horton: Sole purpose of attending school?: Exclude  Try and determine why they are there  § , RSMo. requires a waiver is on file for every student who is not living with parents unless a statutory exception applies (like homeless) –Good method of asking the questions –JECA-AF1

Examples Where You Must Enroll  Student placed in residential facility by the state, juvenile court, CD, Department of Health or Mental Health  Student is living with someone else because parent is on active military duty  Student sent to live with grandparents due to behavior  Student is living with boyfriend/girlfriend or living alone (sometimes homeless)

Waiver Process  State statute requires that there is a waiver on file for every student that is attending, but not living with a parent/military guardian/court-appointed guardian in the district  Granted on the basis of “hardship or good cause,” not athletic ability  Board or committee of board has 45 days to decide

Waiver Process – Policy JECA  Delegates to the superintendent or designee the authority to grant a waiver except in situations where the student is not clearly entitled to enroll.  Then the Board (or Board committee) only needs to address the really sticky ones  If requested and the superintendent or designee determines it is in the best interest of the student, the student can attend until the Board/committee hearing

Cannot Require Court Order or Power of Attorney  Can request  Can recommend  Can give a sample  Can offer to notarize  Relative Caregiver Affidavit: Do not even need a parent’s signature as long as person is a relative –JECA-AF3

Legal Enrollment Information  Parent/guardian/who does the child live with?  Evidence of residency (unless homeless, etc.)  Evidence of age  Proof of immunization (unless homeless)  Affidavit indicating whether the student has been expelled from any school for an offense in violation of school board policies relating to weapons, alcohol or drugs, or violence (most districts ask for more)

Legal Enrollment Information  Questions to determine if student is migrant  Question to determine if student is English Language Learner

Legal Problems  Requiring social security numbers –Can ask for them, but must state in writing that disclosure is voluntary, how the number will be used, and what authority the district has to use  Requiring a birth certificate  Asking if in country illegally  Refusing to enroll students who legitimately live in the district, but live with persons other than their parents

Things You Could/Should Ask  Request custody documents, but not require –Make clear that it is not the district’s job to enforce –Only reason you need is to ensure that it is safe to release a child to both parents  Emergency Contacts –And permission to share information from student records with these persons

Information School Gives  Student handbook –See MSBA’s “Student Handbook Checklist”  Free and Reduced Lunch information  If parents indicate that the student does not have health insurance on the free and reduced form, must give information about MO HealthNet for Kids program

Immunization – New Law  All public, private and parochial day care centers, preschools and nursery schools must notify the parent/guardian at time of initial enrollment that they may request notice of whether there are children currently enrolled that have not been immunized due to exemption.  December 1, 2015: Same notice to all currently enrolled (not just enrolling)

Questions?