Issue Date: 5/8/97 The Board shall admit into the free public schools of the District all minor children who are between the ages of five (5) and eighteen (18) years on September 1 of the school year in which admission is sought, where the minor child’s parent or legal guardian neither resides nor is domiciled within the state, but the child lives within the District, if it is established to the satisfaction of the Board that the following conditions exist: 1. The child was placed and is being supervised by a private or public agency which is authorized by the State of Utah to provide residential or child placement services by the state and which does not receive significant payment from any out-of-state source for services rendered the child; 2. The child is an emancipated minor who resides within the District; or 3. The child lives with a responsible adult who is a resident of the District and who is designated as the child’s guardian pursuant to the requirement in subpart 3(b) below, and: a. The child’s presence in the District is not for the primary purpose of attending the public schools, and, b. The child’s physical, mental, moral or emotional health would best be served by considering the child to be a resident for school purposes. c. A “responsible adult” under item 3 above means a resident of this state who is willing and able to provide reasonably adequate food, clothing, shelter and supervision for a minor child and is a guardian of the child. d. A responsible adult may obtain guardianship of a child for purposes of item 3 above upon compliance with all of the following requirements: i. Submission to the District of a signed and notarized statement by the child’s parent or guardian having legal custody of the child that it is their intent that the child become a permanent resident of the state and reside with and be under the supervision of the named responsible adult. If the child’s parent or guardian cannot be found in order to execute this statement, the responsible adult must submit and affidavit to that effect to the District. ii. Submission to the District of a signed and notarized statement by the responsible adult acknowledging acceptance of the responsibilities of guardianship for the child. iii. Submission to the District of a signed and notarized statement by the child that the child desires to become a permanent resident of Utah and reside with and be responsible to the named responsible adult, and iv. The Board may require in its sole discretion that the responsible adult also submit documents similar to those required by an appropriate state court under §75-5-202, 202.5 and 202.4Utah Code for appointment of a guardian.
5.0210.06 HEARING
Issue Date: 5/8/97 The Board may conduct a hearing to determine that: 1. The child’s presence in the State is not for the primary purpose of attending public schools;
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