Present law requires that a board of education allow a student who does not reside within the boundaries of the school district to enroll in a public school within the school district if: (1) The student is the dependent child of a service member who is being relocated to this state on military orders and will, upon relocation, be a resident of the school district, but will not be a resident of the school district when the school district conducts an open enrollment period; and (2) The service member provides the school district with documentation evidencing that the student is the dependent child of the service member and that the service member is being relocated to this state on military orders and will, upon relocation, be a resident of the school district. Present law requires that each board of education adopt policies to establish a reasonable period of time within which a student permitted to enroll and attend a public school under (1) and (2) must provide proof of residency within the school district. This bill replaces the requirement that school boards adopt policies as described above with the following statutory policy: (1) The student or the student's parent is required to provide the documentation described in (2) to the school district no later than 60 days from the last day of the first school year in which the student enrolls in the LEA or within one year from the date on which the service member reported for duty in this state, whichever is later; (2) If the student has an active Section 504 plan, an individualized family service plan, or an IEP, then the LEA must take the necessary steps to ensure that necessary services are in place when the student enrolls; and (3) If a student is enrolled in a high school under the jurisdiction of an LEA in grade 11 or 12 and is the dependent child of a service member who relocates on military orders resulting in the student no longer residing in the school district due to the relocation, then the LEA shall allow the student to remain enrolled in the same high school until the student graduates or withdraws.

Statutes affected:
Introduced: 49-6-3101