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Residency Determinations

Prior to enrolling in school, a student’s custodial parent(s) or legal guardian(s) must provide evidence to establish residency. Recent updates to Utah law found in §53G-6-302 clarify how a student’s district of residency is to be determined by schools.

Student residency eligibility is based on where the custodial parent(s) or legal guardian(s) resides OR where the student resides using the following criteria/guidelines:

The school district of residence of a student whose custodial parent(s) or legal guardian(s) resides within Utah is:

  • Where the custodial parent or legal guardian resides; OR
  • The school district where the student resides;
  • While under custody or supervision of a Utah state agency or approved placement
  • While living with a responsible adult resident of the district; IF
  • The student’s physical, mental, moral, or emotional health will be best served by considering them a resident for school purposes.

A student whose custodial parent(s) or legal guardian(s) does not reside in Utah is considered to be a resident of the district in which the student lives, IF;

  • The student resides with a responsible adult resident of the district (R277-621) who is designated as the student’s legal guardian; OR
  • The student lives with a responsible adult who is a resident of the district and is the child’s noncustodial parent, grandparent, brother, sister, uncle, or aunt.
  • The student’s presence in the district is NOT for the primary purpose of attending public schools.
  • The student’s physical, mental, moral, or emotional health will be best served by considering them a resident for school purposes.
  • The student is prepared to abide by the laws and policies of the school and school district.

A student’s custodial parent(s) or legal guardian(s) may request a determination that the student’s district of residency is a district other than where they reside by filing a written request.

  • If the request is approved, the alternative district shall assume responsibility for providing educational services and shall enroll immediately (R277-621).

Students whose primary purpose for residing in the district is only to attend school, do not meet the criteria listed above and are subject to Open Enrollment and permits (§53G-6-401 and 402) and/or out of state tuition (if applicable).

When residency is determined using where the student resides, they are:

  • Enrolled using legal guardianship or a durable power of attorney. A power of attorney does not confer legal guardianship.
  • Are not enrolled using the McKinney-Vento Homeless Assistance Act. The custodial parent(s) or legal guardian(s) enrolling the student are responsible to pay any fees that may be associated with registration and/or participation.
  • Exigent circumstances must exist that don’t allow the situation to be appropriately addressed under regular guidelines of Open Enrollment, permits or out-of-state tuition (§53G-6-401 & 402).

 

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