| Solon City School District |
| Bylaws & Policies |
5111 - ELIGIBILITY OF RESIDENT/NONRESIDENT STUDENTS
The Board of Education establishes the following residency policy for determining eligibility to attend the schools of this District.
The Board shall provide tuition-free education for the benefit of children at least five (5) but under twenty-two (22) years of age whose parents reside in the District and such others as may be eligible pursuant to Federal and/or State law and the policies of the Board, including disabled preschool children who are at least three (3) years of age but not of compulsory school age and who are not currently enrolled in kindergarten.
In addition, the Board shall provide tuition-free education for the benefit of a child whose grandparent(s) resides in the District and who is the subject of a:
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A. |
power of attorney designating the grandparent as the attorney-in-fact; or |
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B. |
caretaker authorization affidavit executed by the grandparent that provides the grandparent with authority over the care, physical custody, and control of the child, including the ability to enroll the child in school, consent in all school related matters, and discuss with the District the child’s educational progress. |
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In accordance with State law, the grandparent shall be considered the "parent" of the child who is the subject of the power of attorney (Form 5111 F7) or caretaker authorization affidavit (Form 5111 F8). The child may attend the schools of this District (Form 5111 F9) unless the power of attorney or caretaker authorization form was created for the sole purpose of enrolling the child in the District so that the child may participate in the academic or interscholastic programs of this District or another reason exists to exclude the child under State law. Additionally, the child may attend the schools of the District until the power of attorney or caretaker authorization affidavit terminates upon the occurrence of one (1) of the following events:
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one (1) year elapses following the date the document is notarized; |
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B. |
the child ceases to reside with the grandparent(s); |
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C. |
the document is terminated by court order; or |
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D. |
either the child who is the subject of the document or the grandparent dies. |
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Additionally, the power of attorney terminates if it is revoked in writing by the person who created it. Further, the caretaker authorization affidavit terminates if the parent, custodian, or guardian of the child acts to negate, reverse, or otherwise disapprove of an action or decision of the grandparent(s) who signed the affidavit with respect to the child. It is the responsibility of the grandparent(s) to notify the District within one (1) week of the termination of the power of attorney or caretaker authorization affidavit.
The Board reserves the right to verify each student's residency and other conditions of eligibility for tuition-free education as well as the validity of the claim of any student to an education in the District. In addition, if a student has recently been discharged or released from the custody of the Department of Youth Services (DYS) and is seeking admittance or re-admittance into the District, such students will not be admitted until the records required to be released by DYS to the Superintendent have been received (see AG 5111 for listing of required records). Within twenty-four (24) hours of admission into the District, the Superintendent shall request a copy of the student’s school records from the school the student most recently attended.
Nonresident Eligibility for Tuition-Free Education
A student shall be entitled to attend school in this District free of any tuition obligation under the following circumstances:
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A. |
The student's natural or adoptive parent, as defined by R.C. 3313.64, is not at the time of admission a resident of the District and |
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the parent owns land and is in the process of constructing a residential dwelling or is in the process of purchasing a residential dwelling within the boundaries of the District; |
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2. |
the parent establishes residence at that property within ninety (90) calendar days of the first day of school attendance by the child; |
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3. |
the parent shows the Superintendent or other designated person an executed agreement with the contractor for the construction of a residential dwelling or an executed purchase agreement with the seller of the residential dwelling, which agreement provides that the residential dwelling will be available for occupancy within ninety (90) calendar days of the first day of school attendance by the child and |
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the parent enters an agreement with the District which provides that the requirements of Paragraph (A) (1), (2) and (3) of the Solon Admission and Attendance Requirements have been met prior to admission of the child. |
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If the Superintendent, in his/her sole discretion, determines that the parent has not satisfied the residency requirement of (A) (2), the child may complete the current semester as a tuition student. |
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Such child shall also be eligible to participate in interscholastic athletics, if released by formal action of the district of current residency and the OHSAA. |
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B. |
Children under a shared-parenting plan establishing both parents as "residential parents" when the child is residing with the parent, if one (1) parent resides in the District. If a student resides in another school district but attends school in this District (where one parent resides), it is the obligation of the parents to provide transportation for that student from the home of the nonresident parent. Where a court has vested legal custody with only one (1) parent, the child is entitled to attend school tuition-free only in the district in which the custodial parent resides. |
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A child under the age of eighteen (18) years of age who is married and resides in the District. |
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Students between the ages of eighteen (18) but under twenty-two (22) who support themselves by their own labor, live apart from their parents, reside in the District, and have not successfully completed the District's high school program or their I.E.P. |
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E. |
Students who are considered by Federal law to be illegal aliens and/or homeless students who are required to be admitted by Federal law and in accordance with State guidelines. |
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Children of employees of this District who have medical conditions that may require emergency attention. The parent of a child entitled must submit to the Board a statement from the child's physician certifying that the child's medical condition may require emergency medical attention. |
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G. |
A child, living with a resident other than a parent and whose parent is in the armed services outside the State of Ohio, providing the child's parent submits the appropriate affidavit stating that the parent is in the armed forces outside the State of Ohio, intends to reside in the District upon return to the State, and provides the name and address of the person with whom the child will reside. The child may attend school in the District tuition-free for a period not to exceed twelve (12) months. |
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H. |
A student who is living with a parent under the care of a shelter program for victims of domestic violence located in the District. |
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I. |
A nonresident child who has been or is currently being placed for adoption with a resident of this District, unless the adoption has been terminated or another district is required to educate the child. |
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Optional Tuition Free Education
The Board may admit students tuition-free under the following circumstances:
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Children under the age of twenty-two (22), who are: |
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in the legal custody of their parent; |
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residing with a resident grandparent; and |
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not in need of special education, provided the Board and the board of education of the child’s district of residence enter into a written agreement specifying there is good cause for the transfer, describing the nature of the good cause, and consenting to the attendance. |
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The grandparent, and, if possible, the custodial parent shall sign the consent form providing the necessary authorizations. This option does not apply to children who are residing with a resident grandparent and are the subject of either a power of attorney or caretaker authorization affidavit that provides the grandparent with authority over the care, physical custody, and control of the child, as set forth in an earlier section of this policy. The Board shall admit children who are the subject of either a power of attorney or caretaker authorization affidavit tuition free. |
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B. |
A student who requests admission to the schools of this District as a foreign exchange student must be a participant in a United States information Agency approved foreign exchange program. S/he must also be a resident of domiciliary of a foreign nation and will temporarily reside in this District. S/he may be admitted upon approval of the Superintendent, and shall not be required to pay, or have paid on his/her behalf, tuition. |
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Twelfth grade students whose parents move out of the District after the commencement of classes shall be allowed to attend school tuition-free for the remainder of the current year and one (1) additional semester. |
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The Superintendent may allow a student to remain in school beyond the additional semester, if, in his/her opinion, the student is making adequate progress toward completion of the high school program or I.E.P. but, due to circumstances such as illness, personal hardship, family responsibilities, or the need to work part-time has been unable to complete the program or I.E.P. within the school year and/or one (1) additional semester. |
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A nonresident student under the age of twenty-two (22) is entitled to attend school in the District if the superintendent of the student's district of residence and the Superintendent enter into a written agreement consenting to the attendance and specifying that the purpose of the attendance is to protect the student's physical or mental well-being or to deal with other extenuating circumstances deemed appropriate by the superintendents. |
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A child may enroll free of any tuition obligation for a period not to exceed sixty (60) days, upon the submission of proof by an adult resident of the District that s/he has initiated legal proceedings for custody of the child. If the court awards custody to the adult resident, s/he shall produce the journal entry awarding custody and tuition shall be determined in accordance with State law and/or the court order. |
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F. |
A child who becomes a nonresident at the time of a parent's death may continue to attend school in the District on a nontuition basis for the remainder of the school year. |
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G. |
A student may be admitted to the schools of this District as a tuition student if the Superintendent determines that his/her admission would not unreasonably burden the facilities and resources of the District and the student's parent, as defined by R.C. 3313.64, has ceased being a resident of the District and the student's attendance would be beneficial for the student to complete the current school year at a school of the District. A waiver of up to forty-five (45) school days tuition may be approved by the Superintendent upon written request by the parent. |
Students Suspended or Expelled from Other District
After offering an opportunity for a hearing, the Superintendent, at his/her discretion, may deny admission to a student who has been suspended or expelled from another public school within or outside the State, for the period of unexpired time of the suspension or expulsion. If the expulsion is from an out-of-state public school, the lesser of the period of such expulsion or the period of expulsion which would have been applied had the student committed the offense in this District will be imposed. When the suspension or expulsion from the other district has expired, the student is to be admitted providing all other eligibility requirements have been met. This provision also applies to a student who is the subject of power of attorney designating the child's grandparent as the attorney-in-fact or caretaker authorization affidavit executed by the child's grandparent.
Mandatory Admission/Payment of Tuition
The Board shall admit students who reside in the District but his/her parents do not reside in the District and tuition payments shall be assessed pursuant to State law if:
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the student is in the legal or permanent custody of a governmental agency or a person other than his/her natural or adoptive parents; |
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B. |
the student resides in a home as defined by State law; |
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C. |
the student requires special education; |
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the child resides in the District and the child's parent is in a residential facility, correctional facility, or juvenile placement and the other parent, if living and not in such a facility or placement, is not known to reside in this State. |
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If the District admits a student to the District who is not otherwise entitled to attend or whose attendance tuition is not an obligation of another district, the Board shall collect tuition from the student's parents.
Tuition rates shall be determined as required by Ohio Statutes.
Tuition shall be charged monthly, in advance of attendance.
R.C. 3313.48, 3313.64, 3313.645, 3313.649, 3313.65, 3313.66, 3313.90, 3313.97
R.C. 3313.98, 3317.08, 3317.081, 3321.01(B), 3321.03, 3323.141
R.C. 3327.04, 3327.05, 3327.06, 2152.18, 5139.05, 3313.672, 3313.533
Revised 11/7/05
Revised 8/20/07
Revised 2/12/08