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Residency and Student Enrollment

Statute 167.020, of the Revised Statutes of Missouri (RSMo), states that a child is entitled to attend school where the child resides and is domiciled, and that "the domicile of the minor child shall be the domicile of the parent or court-appointed legal guardian..." 

Exceptions to Statute 167.020, RSMo.

The residency requirement defined in 167.020 does not apply to students:

Denial of Student Enrollment - Safe Schools Act

A student may be denied enrollment if:

How will the district know if the student attempting to enroll poses an immediate danger or is ineligible to enroll in accordance with the Safe Schools Act?

What happens if the district finds out that a signed statement or affidavit of residence contains false information?

Anyone who knowingly falsifies a statement of residence is guilty of a class A misdemeanor. The district may file a civil action for the purposes of recovering the costs of school attendance.  See subsections 4 and 5 in section 167.020, RSMo.

 

Summary

You may find it helpful to address the question of residency by using the following three-step model:

1.  Is the child living in the district with a parent, military guardian, or court-appointed legal guardian?

  • If yes, the child is a resident of your district and you must enroll (barring the suspension/expulsion issue).
  • If no, continue to Step Two.

2.  Pursuant to the Safe Schools Act, subsections 1 and 6 section 167.020, RSMo. is there another reason why the district is required to enroll the child?

  • If the child meets criteria addressed in subsection 2 in section 167.151, RSMo. the child is entitled to attend school in the district and is counted for purposes of state aid.
  • If the child does not meet Step One or Step Two, the child may still be eligible to attend school in the district as noted in Step Three.

3.  Does the proof of residency waiver provision apply (for example, is this a Horton v. Marshall situation)? 

  • If the child applies for a proof of residency waiver and is eligible to register because of a hardship or for good cause, then the child attends school without paying tuition.
  • If the child is determined not eligible, then he/she must pay tuition in order to attend.