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STUDENT RESIDENCY

 

 

It is the policy of the Tannehill Board of Education that the residence of any child for school purposes shall be the legal resi­dence of the parents, guardian, or person having legal custody within the district as defined in 70 O.S. §1-113 (C).  Provided that such parent, legal guardian, person, or institution having legal custody contrib­utes in a major degree to the support of such child.  Provided, further, that any child residing in the district who is entirely self-supporting shall be considered a resident of the school district if the child works and attends school in the school district.  Questions concerning legal residence of children shall be determined pursuant to procedures utilized by the State Department of Education in accordance with 70 O.S. §1-113.

 

 

The superintendent or designee may require the submission of evidence of residency in order to determine whether the student is eligible to attend the public schools or programs without payment of nonresident tuition.  Such evidence may include, but is not necessarily limited to, the following:

 

   1.       Proof of payment of local personal income tax or ad valorem taxes;

 

   2.       Title to residential property in the district, or a valid unexpired lease agreement, or receipts for payment of rent on a district residence in which the applicant actually resides;

 

   3.       Proof of provisions of utilities;

 

   4.       A valid, unexpired motor vehicle operator’s permit or motor vehicle registration;

 

   5.       Maintenance of voter registration;

 

   6.       Notarized affidavit verifying residency and that the affiant has assumed the permanent care and custody of the student.  (The filing of a false affidavit shall be subject to punishment in accordance with 70 O.S. §1‑113(A)(1).)

 

Homeless Students

 

In accordance with the Federal McKinney Homeless Assistance Act, homeless children shall have access to the same free and appropriate public education as provided to other children.  The board shall make reasonable efforts to iden­tify homeless children within the district, encourage their enrollment, and eliminate existing barriers to their education that may exist in district policies or practices.  No child or youth shall be discriminated against in this school district because of homelessness.

 

Children are deemed to be homeless under the following conditions:

 

   1.       A child who is lacking a fixed regular and adequate nighttime residence and who has a primary nighttime resi­dence that is a publicly or privately operated shelter designed to provide temporary living accommodations, a

STUDENT RESIDENCY (Cont.)

 

 

 

 

              temporary residence prior to institutionalization, or a place not designed or ordinarily used as a regular sleeping accommodation for human beings.

 

   2.       A child who is placed in a transitional or emergency shelter before placement in a foster home or home for neglected children.

 

   3.       A child who is temporarily living in a trailer park or camping area due to lack of adequate living accommodations.

 

   4.       A child who is living in doubled-up accommodations due to loss of housing or other similar situation.

 

   5.       A migratory child who is staying in accommodations not fit for habitation.

 

   6.       A child who has run away from home and lives in a runaway shelter, abandoned building, the street, or other inadequate accommodations.

 

   7.       A child who is placed in a state institution because s/he has no other place to live.

 

   8.       A child who has been abandoned by his/her family and who is staying in a hospital.

 

   9.       A child whose parents or guardian will not permit him/her to live at home and who lives on the street, in a shelter, or in other transitional or inadequate accommodation.

 

10.       School-age unwed mothers or expectant mothers who are living in homes for unwed mothers because they have no other available living accommodations.

 

The district administration shall attempt to remove existing barriers to school attendance by children in foster care and homeless children:

 

   1.       Enrollment requirements that may constitute a barrier to the education of a child in foster care or the homeless child or youth shall be waived.  If the district is unable to determine the student's grade level due to missing or incomplete records, the district shall administer tests or utilize other reasonable means to determine the appropriate grade level for the child.

 

   2.       Fees and charges that may present a barrier to the enrollment or transfer of a child in foster care or a homeless child or youth shall be waived.

 

   3.       Customary transportation policies and regulations shall be waived.

 

   4.       Official school records policies and regulations shall be waived.

 

STUDENT RESIDENCY (Cont.)

 

 

 

 

   5.       The district shall make a reasonable effort to locate immunization records from information available or shall arrange for students to receive immunizations through health agencies and at district expense if no other recourse is available.  Immunizations may, however, be waived for homeless youth only in accordance with provisions of board policy on immunizations.  (See policy FFAB.)

 

   6.       Other barriers to school attendance by a child in foster care or a homeless youth shall be waived.

 

   7.       Information about a homeless child’s or youth’s living situation shall be treated as a student education record

              and shall not be deemed to be directory information under state or federal law. 

 

The district will provide to each homeless child such school services that are comparable to services offered to other students in the district and that are determined to be in the child's best interest.  Such services will include:

 

   1.       Public preschool programs;

 

   2.       Special education, Title I, and limited English proficiency programs for which they are eligible;

 

   3.       Vocational education programs;

 

   4.       Gifted and talented programs;

 

   5.       Before and after school programs;

 

   6.       School meal programs; and

 

   7.       Transportation services.

 

Residency Officer

 

The school district designates the superintendent as residency officer.

The residency officer may be contacted by calling the school district at 918 - 423- 6393or by writing

to the residency officer at the following address, or by personally visiting the residency officer at Tannehill School, 9283 Tannehill Road, McAlester, OK 74501

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If this school district denies admittance of a student who claims to be a resident of the district, the parent, guardian, or person having care and custody of the student may request a review of the residency officer's decision.  Such request for review shall be in writing and must be received by the residency officer within three school days of the denial of admittance.  The request for review shall include any additional pertinent information that may justify the admittance of the child to the school district.

 

Upon receipt of a written request for review, the residency officer will render a decision and notify the parent of the decision within three school days of the receipt of the request for review.

 

 

STUDENT RESIDENCY (Cont.)

 

 

 

 

If the parent disagrees with the findings of the residency officer, the parent will notify the residency officer within three school days of the receipt of the decision.  The residency officer will submit his/her findings and all documents reviewed to the board of education.

 

The board of education will review the decision and the documents submitted by both the residency officer and the student and render a decision at the next board meeting.  The board’s decision may be appealed only pursuant to procedures utilized by the State Department of Education.

 

The Superintendent will designate a Point of Contact (POC) to coordinate activities relating to the District’s provision of services to children placed in foster care, including transportation services. 

 

The District will collaborate with Child Welfare Agencies when transportation is required for children placed in foster care to attend the school of origin outside their usual attendance area or the district when in the best interest of the student. Under the supervision of the Superintendent/designee, the District POC will invite appropriate District officials, Child Welfare Agencies, and officials from other districts or agencies to consider how such transportation is to be promptly arranged and funded in a cost effective manner.

 

Definitions

 

“Foster Care” means 24-hour care and supportive services provided to children placed away from their parents, guardians, or person exercising custodial control or supervision and for whom the foster parent has placement care and responsibility.

 

“School of origin” means the school in which a child is enrolled at the time of placement in foster care.

 

“Best Interest” means a case -by-case determination of the appropriateness of the current educational setting and the proximity of placement as required by ESEA section 1111(g)(1)(E)(i).  Factors be utilized in this determination include, but are certainly not limited to, the following:

 

  1. Safety considerations;
  2. Proximity of the resource family home to the child’s present school;
  3. Age and grade level of the child as it relates to the other best interests factors;
  4. Needs of the child, including social adjustment and well-being;
  5. Child’s performance, continuity of education and engagement in the school the child presently attends;
  6. Child’s special education programming if the child is classified;
  7. Point of time in the school year;
  8. Child’s permanency goal and likelihood of reunification;
  9. Anticipated duration of the placement;
  10. Preferences of the child;
  11. Preferences of the child’s parent(s) or education decision maker(s)
  12. The child’s attachment to the school, including meaningful relationships with staff and peers;
  13. Placement of the child’s sibling(s);
  14. Influence of the school climate on the child, including safety;
  15. Availability and quality of the services in the school to meet the child’s educational and socio-emotional needs;

STUDENT RESIDENCY (Cont.)

 

 

  1.  History of school transfers and how they have impacted the child;
  2. How the length of the commute would impact the child, based on the child’s developmental stage;
  3. Whether the child is a student with a disability under the IDEA who is receiving special education and related services or a student with a disability under Section 504 who is receiving special education or related aids and services and, if so, the availability of those required services in a school other than the school of origin; and
  4. Whether the child is an EL and is receiving language services, and, if so, the availability of those required services in a school other than the school of origin, consistent with Title VI and the EEOA.

     

     

     

     

REFERENCE:    70 O.S. §1-113, §1-114

                                70 O.S. §18-111

                                42 U.S.C. § 11432

 

 

 

 

 

 

 

A POLICY ON THIS TOPIC IS REQUIRED BY LAW.