53G-6-306.  Permitting attendance by nonresident of the state — Tuition.

(1)  As used in this section:

Terms Used In Utah Code 53G-6-306

  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
  • Dependent: A person dependent for support upon another.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Uniformed services: means :Utah Code 68-3-12.5
(a)  “Armed forces” means the same as that term is defined in Section 68-3-12.5.

(b)  “Eligible student” means a student who is a dependent child of a member of uniformed services who is:

(i) 

(A)  relocating to the state and does not reside in the state during an LEA’s enrollment period; or

(B)  relocating out of the state during the school year; and

(ii)  on permanent change of station orders.

(c)  “Nonresident child” means a child residing outside the state.

(d)  “Provisional enrollment” means enrollment in a public school by an eligible student:

(i)  before the eligible student relocates to the state; or

(ii)  after the eligible student’s parent relocates out of the state, but before the eligible student relocates out of the state.

(e)  “Uniformed services” means:

(i)  the same as that term is defined in Section 68-3-12.5;

(ii)  the reserve components of the armed forces; and

(iii)  the national guard of a state.

(2) 

(a)  An LEA may permit a nonresident child to attend school within the district, giving priority to a child of a military service member, as that term is defined in Section 53B-8-102.

(b)  With the exception of a child enrolled under Section 53G-6-707, a nonresident child is not included for the purpose of apportionment of state funds.

(3) 

(a)  An LEA shall charge a nonresident child who enrolls in a school within the LEA tuition in an amount at least equal to the per capita cost of the school program in which the nonresident child enrolls unless the LEA, in open meeting, determines to waive the charge for that nonresident child in whole or in part.

(b)  The official minutes of the meeting described in Subsection (3)(a) shall reflect the LEA’s determination to waive the charge described in Subsection (3)(a).

(4) 

(a)  Notwithstanding anything to the contrary in Subsection (3), an LEA shall allow an eligible student to:

(i)  provisionally enroll in a public school in the LEA at the same time and in the same manner as individuals who reside in the state; or

(ii)  provisionally enroll in virtual education options that the LEA provides in the same manner as an individual residing in the state.

(b)  An LEA may not require proof of residency from an eligible student at the time the eligible student applies to enroll in a public school in the LEA.

(c)  An LEA shall require proof of residence within 10 days after the eligible student’s first day of residence in the state.

Amended by Chapter 44, 2023 General Session

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