SECTION 210:10-1-17. Residency

(a)   The residence of a student for school purposes is defined by 70 O.S. Supp. 1992, Section 1-113.

(b)   The school district in which a student is presented for enrollment shall verify that the student is either a resident of the school district or is otherwise entitled to attend school in that school district for any other reason authorized by law.

(c)   Each school district shall adopt a policy which provides for the procedures and criteria to determine if a student is a resident of the school district. Local board of education policy shall include but, not be limited to, documented evidence provided by the parent, guardian or person having care and custody of the student. Such documentation may include proof of provisions of utilities, payment of ad valorem taxes, local agreements or contract for purchasing/leasing housing. The criteria for residency adopted in such policy shall not be in conflict with statutory provisions relating to the residence of students. Such policy shall provide for educational services for homeless children to the extent required by Public Law 100-77, Title VII, Subsection B.

(d)   Pursuant to 70 O.S. 18-111, a pupil moving from a school district during a school term shall be entitled to attend such school for the remainder of that school term.

(e)   A school district may, as part of its procedures for determining student residency, require reverification of student residency at the beginning of each school term.

(f)   Procedures for resolving residency disputes are specified in this subsection. Each school district shall designate a residency officer. In addition, each district shall include in their written policy information on how to request a review of a residency dispute and how the residency officer may be contacted. Any question or dispute as to the residence of a student shall be determined by the residency officer pursuant to the following procedures.

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

(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 in that school until these dispute procedures have been exhausted.

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

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

(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, who will submit his/her findings and all documents reviewed to the local board of education. The local 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 local 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.

[Authority: 70 O.S., § 1-113 (Residency)]

[Source: Added at 11 Ok Reg , eff 5-26-94; Amended at 11 Ok Reg 4457, eff 7-21-94 (emergency); Amended at 12 Ok Reg 1353, eff 5-25-95; Amended at 15 Ok Reg 352, eff 10-13-97 (emergency); Amended at 15 Ok Reg 2227, eff 6-11-98]