SPAULDING HIGH SCHOOL UNION DISTRICT #41 CODE: JECA
POLICY MANUAL
1st READING: 4/22/91
2nd READING: 5/6/91
3rd READING/ADOPTED: 5/20/91
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RESIDENCY OF PUPILS;

It is the policy of the Spaulding High School Union District Board of Directors to furnish a grade 9-12 school education.

The legal residence of all pupils under the care and custody of a state agency or a licensed child placement center shall be determined by the Commissioner of Education. In all other cases, the Board of School Directors shall determine a pupil's residence, which shall be where his/her parent or private legal guardian resides. Residence for the purpose of this policy shall mean a person's true, fixed and permanent home, the place to which he/she intends to return when absent. The person who claims to be a resident of Barre Town or Barre City shall demonstrate such attachment to the community as would be typical of a permanent resident of the union district.

Where a person claims to be a private legal guardian, such a person shall furnish the school district with a certified copy of the decree, judgment, order or grant of authority, which it is claimed grants such guardianship. The school district expressly reserves the right to inquire into the propriety and validity of any such court proceeding in making its determination.

The residence of a minor pupil who is emancipated, such as by marriage, and as a consequence, has assumed legal control of himself/herself, and has left the home of his/her parents, is not necessarily the residence of his/her parents; however, it shall be presumed to be, if the principal support of the pupil and the pupil's spouse is either or both of their parents or when the pupil does not seem to have a visible means of financial support.

The residence of a pupil who has attained the age of 18 years shall be determined with reference to the source of the pupil's financial support -- the pupil or the parents. In the event of the latter, the parent's residence shall be presumed to be the pupil's residence.

If a pupil is deemed to be a resident of another school district by the applicable authority in that district, such pupil shall be deemed not to be a resident of the Spaulding High School Union District.

In all instances, the burden of proving residence shall lie with the person claiming residence. That burden must be met upon a showing of clear and convincing evidence.

Any person or taxpayer who is dissatisfied with the decision of the board as to the pupil's residence may appeal to the Commissioner of Education, who shall determine the pupil's residence. The commissioner's decision shall be final.