iii. While living with a responsible adult resident of the District if the Board has agreed in its sole discretion to accept as a guardian of the student for residency under a power of attorney and determined, in accordance with policies of the State Board of Education, that the child’s physical, mental, moral, or emotional health is best served by considering the child to be a resident for school purposes. The Board may at any time require court appointed guardianship in lieu of a power of attorney; or iv. If the child is an emancipated minor; or v. If exigent circumstances exist which would not permit the case to be appropriately addressed at a hearing and considering the child a resident would not violate any law or policy or the Board. 2. A minor child whose parent or legal guardian does not reside within the District may be considered a resident of the District in which the child lives if it is established to the satisfaction of the local Board that; a. The child is an emancipated minor who resides within the District; or b. The child lives with a responsible adult who is a resident of the District and who the District, in its sole discretion, has agreed to designate as the child’s legal guardian, or has required court appointed guardianship. c. The District, in its sole discretion, may accept a non-emancipated student as a resident of the District if each of the following are demonstrated to the Board’s satisfaction: i. The child’s presence in the District is not for the primary purpose of attending the public schools; and ii. The child’s physical, mental, moral, or emotional health would best be served by considering the child to be a resident for school purposes; and iii. The child is prepared to abide by the rules and policies of the school district. iv. The person with whom the child resides in the District has been designated as the child’s custodian in a durable power of attorney, which the District agreed in its sole discretion to accept, or has been required to receive a court appointed guardianship.
5.0110.02 GUARDIANSHIP FOR RESIDENCY PURPOSES Issue Date: 9/12/96
1. Subject to the District’s acceptance and approval, an adult person who is willing and able to provide reasonable adequate food, clothing, shelter and supervision for a minor child may obtain guardianship for the limited purpose of establishing school district residency of a minor child by: a. Submitting to the Superintendent a signed and notarized statement by all persons recognized under the law as the child’s parent(s) or legal guardian(s) which states that: i. The child’s presence in the District is not for the primary purpose of attending the public schools; ii. ii. The child’s physical, mental, moral or emotional health would be best served by transfer of guardianship to a Utah resident;
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