JFABTUITION / ADMISSION OF
NONRESIDENT STUDENTS
JFABFor purposes of open enrollment a "nonresident pupil" means a student who resides in this state and who is enrolled in or is seeking enrollment in a school district other than the school district in which the student resides. A student who is not a resident of the District but is a resident of Arizona who meets the age and other requirements for open enrollment established by state law and District policy shall be admitted to a school without payment of tuition.
A student shall also be admitted to a school without tuition payment, if:
A. The student is the child of a United States resident who is not a resident of Arizona, if this is in the best interest of the student and the student is placed with a relative (grandparent, sibling, step-sibling, aunt or uncle) per A.R.S. 15-823 and the placement is not to avoid tuition payment.
B. The student is a child of a nonresident teaching or research faculty member of a community college district or state university or a nonresident graduate or undergraduate student of a community college district or state university whose parent's presence at the district or university is of international, national, state, or local benefit.
A student may be admitted to a school without tuition payment, as prescribed by statute, if:
A. The student is a resident of the United States, but a nonresident of this state, and all of the following conditions exist:
1. The child is a member of a federally recognized Indian tribe.
2. The child resides on Indian lands that are under the jurisdiction of the tribe of which the child is a member.
3. The area in the boundaries of the reservation where the child resides is located both in this state and in another state of the United States.
4. The Governing Board enters into an intergovernmental agreement with the Governing Board of the school district in another state in which the nonresident child resides. The intergovernmental agreement shall specify the number of nonresident children admitted in this state and the number of resident children that are admitted by the Governing Board in another state.
B. The student is a resident of the United States, but a nonresident of this state, and all of the following conditions exist:
1. The child is enrolled in a year-round residential board academy located in this state specializing in intensive instruction and skill development in sports, music or acting.
2. The child's parents have executed a current notarized guardianship agreement covering the child while enrolled at the academy, an agreement which is a condition of enrollment at the academy and that authorizes academy representatives to act on behalf of the child's parents or legal guardians in making all decisions on a daily basis as to the child's activities and needs for medical, educational and other personal issues.
C. The student presents a certificate of educational convenience issued by the County School Superintendent pursuant to A.R.S. 15-825.
D. The student is a resident of the United States and evidence indicates that because the parents are homeless or the child is abandoned, as defined in A.R.S. 8-201, the child's physical, mental, moral or emotional health is best served by placement with a person who does not have legal custody of the child and who is a resident within the school district, unless it is determined that the placement is solely for the purpose of obtaining an education in this state without payment of tuition. Proof of residency is not required for homeless students.
E. The student is a nonresident foreign exchange student who meets the requirements set by the District.
The District shall admit the following students, charging tuition as prescribed in statute:
A. The child of an Arizona resident who is not a resident of the District, if the District provides a high school and the student is a resident of an Arizona common school district that is not in a high school district and that does not offer instruction in the student's grade. Special circumstances may apply in accordance with A.R.S. 15-2041 after three hundred fifty (350) students have been admitted.
B. For an Arizona resident who is not a resident of the District, if the district of residence provides only financing for students who are instructed by another school district and for students from a unified district that does not offer instruction in the student's grade.
C. A pupil who is issued a certificate of educational convenience to attend school in the School District or adjoining the school district to that in which the pupil is placed by an agency of this state or a state or federal court of competent jurisdiction, as provided in A.R.S. 15-825.
The District shall admit a pupil who is the resident of a school district that has entered into a voluntary agreement with the District, charging tuition as agreed to in accordance with A.R.S. 15-824(E)(3).
The District may admit nonresident international students who are issued an F1 Visa, with payment of tuition, and foreign exchange students without payment of tuition, as it may otherwise prescribe.
The District shall not include in its student membership count students who are not Arizona residents. Unless authorized by statute, the District is prohibited from obtaining state funding for any student who is not a resident of the state.
"Residence" Defined
The residence of a student is the residence of the person having legal custody of the student, except as provided in A.R.S. 15-823 through A.R.S. 15-825.
Residency of the parent or legal guardian or surrogate may be determined by showing the individual's presence and intent to remain in the District. Documentation 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.
In general, students shall fall into one (1) of two (2) groups: 1) those whose parent or legal guardian is able to provide documentation bearing their name and address; and 2) those whose parent/legal guardian cannot document their 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 their own residence: The parent or legal guardian must complete and sign a form indicating their 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 bears 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 document
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, or phone)
I. Bank or credit card statement
J. Payroll stub
K. W-2 wage statement
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 their own residence: The parent or legal guardian must have an affidavit of shared residency form completed indicating their 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.
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 or legal guardian or the school official prior to filing.
Adopted: January 12, 2022
LEGAL REF.:
A.R.S.
8-201
15-802
15-816 through 15-816.07
15-821
15-823 through 15-825
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
CROSS REF.:
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