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STUDENT RESIDENCY DISPUTE PROCEDURES

 

 

The superintendent of schools shall serve as the district residency officer.

 

If a dispute arises regarding a student's residency, or residency status as “homeless” under the McKinney-Vento Homeless Assurance Act, the parent or guardian may request a review of the ruling by the superintendent.  Any question or dispute as to the residence of a student shall be determined by the superintendent pursuant to the following procedures:

 

   1.       If the school district initially denies admittance of a student who claims to be a resident of the district, the parent, guardian, or person having care and custody (hereafter parent) of the student shall be informed that a request may be made for a review of the decision of the local residency officer.

 

   2.       If, during the course of the school year, a dispute arises as to the residence of a student who is enrolled and attending school, the student shall be allowed to continue attending Tannehill schools until these dispute procedures have been exhausted.

 

   3.       The parent of the student may request a review by notifying the residency officer in writing within three (3) school days from denial of admittance.  Upon receipt of a request for review, the residency officer shall allow the parent to provide additional pertinent information in accor­dance with the district's criteria and the statutory provisions regarding residency.  The information must be submitted with the request for review.

 

   4.       Within three (3) school days of the receipt of the request for review, the residency officer must render a decision and notify the parent, in writing, of the decision and the reasoning therefor.

 

   5.       In the event the parent disagrees with the decision, the parent shall notify the residency officer within three (3) school days of receipt of the residency officer's decision.  The residency officer will submit to the board of education his or her findings and all documents reviewed.  The board of education will review the decision and the documents submitted on behalf of the district and the student and render a decision at the next board meeting.  The board's decision shall be the final administrative decision.

 

   6.       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.

 

Any question as to the place of residence of any child for school purposes shall be decided pursuant to procedures utilized by the State Department of Education.

 

Legal Reference:         42 U.S.C. 11432