Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 10 - School Administration and Instructional Services › Subchapter 1 - General Provisions › Section 210:10-1-17 - Residency

Current through Vol. 41, No. 20, July 1, 2024
(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.