A student who is a resident of the District and who meets the applicable age requirements established by state law shall be admitted without payment of tuition to the school in the attendance area in which the student resides and may be admitted as a resident transfer student to another school in the District in accordance with the District's open enrollment policy.
The following students are residents of the District:
A. A student who is in the legal custody of a natural or adoptive parent or other person to whom custody has been granted by a court order and who resides with the parent or other person in the District.
B. A student who is an emancipated minor and whose place of residence is in the District. When determining whether a minor is emancipated, the Superintendent will consider such factors as whether the student is married, financially independent, and residing away from the family domicile with parental consent.
C. A student who is eighteen (18) years of age or older and whose place of residence is in the District.
D. A student who is homeless, and who attended a school in the District at the time of becoming homeless.
E. A student who resides with a family member living in the District while awaiting the outcome of a legal guardianship or custody proceeding if the family provides written documentary proof in accord with 15-821(D).
F. A student whose parent is transferred to or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order. The parent shall provide proof of residency in the District to the local education agency within ten (10) days after the arrival date provided on official documentation.
The residency of a student, natural or adoptive parent, or other person to whom custody of the student has been granted by court order shall be based upon evidence of the individual's physical presence and intent to remain in the District. Such evidence of residency may be determined by using the following verifiable documentation.
Verifiable Documentation
A.R.S. 15-802(B) requires school districts and charter schools to obtain and maintain verifiable documentation of Arizona residency upon enrollment in an Arizona public school.
The documentation required by A.R.S. 15-802 must be provided each time a student enrolls in a school district or charter school in this state, and reaffirmed during the district or charter's annual registration process via the district or charter's annual registration form. The documentation supporting Arizona residency should be maintained according to the school's records retention schedule. PROOF OF RESIDENCY IS NOT REQUIRED FOR HOMELESS STUDENTS.
In general, students will fall into one (1) of two (2) groups: 1) those whose parent or legal guardian is able to provide documentation bearing his or her name and address; and 2) those whose parent/legal guardian cannot document his or her own residence because of extenuating circumstances including, but not limited to, that the family's household is multi-generational. Different documentation is required for each circumstance.
Parent(s) or legal guardian(s) that maintains his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and provide one (1) of the following documents, which bear the parent or legal guardian's full name and residential address or physical description of the property where the student resides (no P.O. Boxes):
A. Valid Arizona driver's license, Arizona identification card
B. Valid Arizona motor vehicle registration
C. Valid Arizona Address Confidentiality Program (ACP) authorization card.
A public school shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the Secretary of State. The Secretary of State shall facilitate the transfer of student records from one school to another.
D. Property deed
E. Mortgage documents
F. Property tax bill
G. Rental agreement or lease (including Section 8 agreement or off-base military housing)
H. Utility bill (water, electric, gas, cable, phone)
I. Bank or credit card statement
J. W-2 wage statement
K. Payroll stub
L. Certificate of tribal enrollment (506 Form) or other identification issued by a recognized Indian tribe located in Arizona
M. Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans' Administration, Arizona Department of Economic Security, etc.)
N. A consular identification card that is issued by a foreign government as a valid form of identification if the foreign government uses biometric identity verification techniques, including fingerprint identification and retina scans, in issuing the consular identification card.
O. Temporary on-base billeting facility (for military families)
Parent(s) or legal guardian(s) that does not maintain his or her own residence: The parent or legal guardian must have an affidavit of shared residency form completed indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and submit a signed, notarized affidavit bearing the name and address of the person who maintains the residence where the student lives attesting to the fact that the student resides at that address, along with a document from the bulleted list above bearing the name and address of the person who maintains the residence. (JFAA-EB)
Use of and Retention of
Documents by Schools
School officials must retain a copy of the attestations or affidavits and copies of any supporting documentation presented for each student (photocopies acceptable) that school officials believe establish validity. Documents presented may be different in each circumstance, and unique to the living situation of the student. Documents retained by the school district or charter school may be used as an indicia of residency; however, documentation is subject to audit by the Arizona Department of Education. Personally identifiable information other than name and address (SSN, account numbers, etc.) should be redacted from the documentation either by the parent/guardian or the school official prior to filing.
Adopted: September 21, 2021
LEGAL REF.:
A.R.S.
15-802
15-816 et seq.
15-821
15-823
15-823.01
15-824
41-166
41-5001
42 U.S.C. 11301, McKinney-Vento Homeless Assistance Act of 2001,
as amended by the Every Student Succeeds Act (ESSA) of 2015
42 U.S.C. 11432
CROSS REF.:
IKEB - Acceleration
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records