2. The child’s physical, mental, or emotional health would be best served by considering the child a resident; and, 3. The responsible adult has submitted evidence of guardianship that would be accepted by a court under §75-5-202 et seq
5.0210.07 ELIGIBILITY/ADMISSIONS REQUIREMENTS Issue Date: 5/8/97
All documents submitted for proof of guardianship shall be kept by the District for twenty (20) years unless the District receives a valid court order to do otherwise. A parent, legal guardian or responsible adult may terminate guardianship of the responsible adult and restore it to the parent or legal guardian by submission to the District of a signed and notarized statement by that individual withdrawing his/her consent to guardianship. Utah Code § 53A-3-402(5) The District may require evidence that a child is eligible to attend the public free schools of the District at the time it considers an application for admission of the child. The District may withdraw any student who ceases to be a resident. Plyler v. Doe, 1102 S.Ct. 2382(1982) Daniels v. Morris, 746 F.2d 271 (5th Cir. 1984) Utah Code § 53A-2-201 Utah Code § 53A-2-202
5.0210.08 STUDENT WHO IS RESIDENT OF UTAH ATTENDING SCHOOL DISTRICT OUTSIDE OF RESIDENCE Issue Date: 5/8/97
The Board is responsible for providing educational services consistent with Utah state law and rules of the State Board of Education for any student who resides in another district in the state and desires to attend a school in the District, to the extent reasonably feasible and in accordance with the limitations and provisions herein. If a school’s average daily membership falls below the threshold designated by the state Board, the Board shall allow students who do not reside in the District to enroll in the school. If a school’s average daily membership is above the threshold, the Board may, in its discretion, allow enrollment of nonresident students in the school upon satisfactory completion of the application process set forth herein. The Board shall make information about the District, its schools, programs, policies and procedures available to all students who are residents of the State and express an interest in transferring into the District. In order for a student to attend a program in the District who is not a resident of the District, and the student resides in the State of Utah, the non-resident student’s parent or guardian must submit an application to the District on a form provided by the state Board of Education. The student’s parent or guardian must submit the application during the month of January prior to the school year of the application or initial enrollment to begin the following school year in the District.
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