Traverse City Area Public Schools
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.

 A.The Board will educate, tuition-free, students who are legal residents of the District. Proof of residency will be required for registration in the District. Legal residency means a student is residing with his/her parents, legal guardians, or living with a relative with power of attorney over the student. A student may attend school in this District tuition free if a parent or legal guardian is a legal resident of the District, regardless of whether the parent or legal guardian has actual custody of the student. Legal residency, when living with a relative, must be based on the need for a suitable home and not for educational purposes.
 B.The District may enroll students on a part-time day or partial year basis in accordance with a cooperative agreement established by the Superintendent or designee with the other school.
 C.Foreign students, participating in a bona-fide foreign-exchange program or processing a J-1 Visa and living with a resident host family, will be admitted tuition-free. Students living with a host family on a J-1 Visa will be required to pay tuition as mandated by federal immigration policy.
 D.The District shall provide a free education to those students who are considered by Federal law to be illegal aliens or considered to be homeless by State established criteria.
 E.Any student who enrolls in the District under the Traverse Bay Area Intermediate School District (TBA-ISD) Open Enrollment Policy program (commonly referred to as Schools of Choice) will be admitted tuition free.
 F.A student who is a resident within the District by order of a juvenile or probate court or placed in the District as a ward of the State by an authorized agency shall be admitted tuition free. A child who is placed in foster care by a court of competent jurisdiction shall be admitted tuition free, without regard to residency, to a school within the District, as selected by the State Department of Human Services or the child placing agency responsible for placement of that child.
 G.Students whose parents do not reside within the TBA-ISD but who present evidence that they will move into the District within a short period of time may enroll in the schools of this District as tuition students for the time not in residence.
 H.Twelfth grade students who have begun their work toward graduation from the District's high school and whose parents no longer reside within TBA-ISD may be permitted to complete their high school education as tuition students or through a cooperative agreement with the resident district.
 I.The tuition amount will be established as the foundation grant per year per student in those cases when no cooperative agreement between superintendents can be agreed upon. The Superintendent will inform the Board upon accepting any student into the District under conditions outlined in this paragraph.
 J.Nonresident students residing in another Michigan Public School District outside the TBA-ISD released through a cooperative educational agreement by that District, and accepted by TCAPS, may enroll, for State-aid purposes. A cooperative educational agreement must address the responsibility of special education services both expected and unexpected.
 K.Students enrolled in the special education program of this District who reside within the TBA-ISD may attend. The TBA-ISD shall pay tuition in such cases.
 L.Minor students, residing in the District but not living with a parent or court-approved guardian, shall be ineligible to enroll unless said students can be considered emancipated minors by court decree and have proved the establishment of an independent residence.
  Children and youth experiencing homelessness have the right to attend either the school of origin, if this is in the student’s best interest, or the local attendance area school. School of origin is defined as the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. Local attendance area school is defined as any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.
  Homeless students have the right to enroll in school immediately, even if lacking documentation normally required for enrollment, such as previous school records, medical or immunization records, proof of residency, birth certificate, proof of guardianship, or other documents.
  The terms "enroll" and "enrollment" includes attending classes and participating fully in school activities.
  State Educational Agencies (SEAs) and Local Educational Agencies (LEAs), otherwise known as school districts will, to the extent practical, address problems resulting from enrollment delays caused by immunization and medical records requirements; residency requirements; lack of birth certificates, school records or other documentation; guardianship issues; or uniform or dress code requirements.
  If a student does not have immunization or birth records, the local homeless education liaison (STEP Coordinator) must assist in obtaining them immediately; the student must be enrolled in school in the interim.

 M.Children of Joint Custody Decrees may attend school without payment of tuition if one (1) parent resides in this District.
 N.If the student resides in another school district but attends school in this District (where one (1) parent resides), it is the obligation of the parents to provide transportation for the student from the home of the nonresident, custodial parent.
 O.Children who reside in the school district with a relative, and not for educational purposes, may attend school in the district as a resident student when the appropriate notarized statements have been filed and approved in the school office. A relative is defined as parent, grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, first cousin, great aunt, or great uncle by marriage, blood, or adoption.
 P.A pupil who is incarcerated in a county jail becomes a resident and may be enrolled in an appropriate program.
 Q.A resident or non-resident student, otherwise eligible to attend school in the District may be denied admission if s/he has a record of behavior that the Superintendent or designee believes would constitute a threat to the safety and well-being of staff and other students.
 R.A child from a military family who has been placed in the home of the non-custodial parent, or a person serving as loco parentis under special power of attorney executed under applicable law while the custodial parent has been assigned to active duty (MCL 3.1041 - 3.1042) shall be enrolled in the district where the non-custodial parent or loco parentis resides; or, the pupil may continue to attend the district where the pupil was enrolled when residing with the custodial parent prior to the active duty assignment. The child(ren) may be enrolled one month prior to the beginning of the parent's tour of active duty and continue to be enrolled up to six months following the completion of the parent's tour of active duty (active duty means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211). The child(ren) of a veteran who has been severely injured, medically discharged, or died as the result of injuries sustained while on active duty, may continue to be enrolled for a period of one year following the discharge or death of the veteran. Tuition is prohibited.

M.C.L.A. 380.1148, 1401 et seq.
Emancipation of Minors Act, Section 4, Subsection 6
Public Law 100-77, Section 721, 42 U.S.C. 11431
Stewart McKinney Homeless Assistance Amendment Act of 1990
PA 203 of 1994, Sec. 163a (1) & (2)

Revised 6/95
Revised 10/96
Revised 5/97
Revised 2/01
Revised 3/11