ADE Director's Communication Memo Form

Memo Number : FIN-00-026

Date Created : 01/14/2000


Co-op Directors

Type of Memo: Regulatory
Response Required: No
Section:   Public School Finance and Admin Support - Ms. Patricia Martin
Residence Requirements for Attending Public School

Regulatory Authority:
6-18-202 amended by Act 663 of 1999

Contact Person:
Donna Ralph

Phone Number:


Act 663 of 1999 details residency requirements for attending public schools and makes it a misdemeanor to falsify residency information.

For purposes of this act: (1) "reside" means to be physically present and maintain a permanent place of abode for an average of not less than four calendar days and nights per week for a primary purpose other than school attendance; (2) "resident" means a student whose parents, legal guardians, persons having legal lawful control of the student under order of a court, or person standing in loco parentis reside in the school district; and (3) "residential address" means the physical location where the student's parents, legal guardian, person having legal lawful control of the student under order of a court or person standing in loco parentis reside.

The school district may require a parent, legal guardian, or other person in loco parentis who enrolls a student in the school district to sign a statement under oath attesting to their residential address or provide other proof that the student is a resident of the district. Anyone knowingly providing false residency information to a school district may be charged with a misdemeanor and fined up to $500.00.

The amendments to this statute do not restrict a student's ability to participate in a tuition agreement with a nonresident district or to transfer under the School Choice Act.

If you have any questions, please contact Donna Ralph, Financial Accountability office of the Public School Finance and Administrative Support Section, at 501-682-5128.


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