15-823

15-823. Admission; residents of other school
districts; nonresidents of this state; tuition

A. Except as provided in subsections B, C, D, E and F of this section, children of
nonresidents of this state may be admitted upon payment of a reasonable tuition fixed by
the governing board.

B. The governing board shall admit children of nonresident teaching and research
faculty of community college districts and state universities and children of nonresident
graduate or undergraduate students of community college districts and state universities
whose parent's presence at the district or university is of international, national,
state or local benefit without payment of tuition.

C. The governing board shall admit children who are residents of the United States
but who are nonresidents of this state without payment of tuition if evidence indicates
that the child's physical, mental, moral or emotional health is best served by placement
with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a
resident within the school district, unless the governing board determines that the
placement is solely for the purpose of obtaining an education in this state without
payment of tuition.

D. The governing board may admit nonresident foreign students who are in exchange
programs without payment of tuition or as it may otherwise prescribe.

E. The governing board may admit children who are residents of the United States
without payment of tuition if evidence indicates that because the parents are homeless or
the child is abandoned, as defined in section 8-201, the child's physical, mental, moral
or emotional health is best served by placement with a person who does not have legal
custody of the child and who is a resident within the school district, unless the
governing board determines that the placement is solely for the purpose of obtaining an
education in this state without payment of tuition.

F. The governing board may admit children who are residents of the United States,
but who are nonresidents of this state, without payment of tuition if all of the
following conditions exist:

1. The child is a member of a federally recognized Indian tribe.

2. The child resides on Indian lands that are under the jurisdiction of the tribe
of which the child is a member.

3. The area in the boundaries of the reservation where the child resides is located
both in this state and in another state of the United States.

4. The governing board enters into an intergovernmental agreement with the
governing board of the school district in another state in which the nonresident child
resides. The intergovernmental agreement shall specify the number of nonresident children
admitted in this state and the number of resident children that are admitted by the
governing board in another state.

G. The governing board shall charge reasonable tuition for the number of
nonresident pupils who reside in another state and who are admitted by a governing board
in this state pursuant to subsection F of this section that exceed the number of resident
pupils from this state who are admitted into a school district by the other state.

H. The governing board of a school district shall pay reasonable tuition for the
number of resident pupils who reside in that school district and who are admitted by a
school district in another state pursuant to subsection F of this section that exceed the
number of nonresident pupils from that other state who are admitted by the governing
board into that school district in this state.

I. Children admitted under this section shall be counted or not counted as resident
pupils as prescribed in section 15-824, subsection D.

J. Except as provided in subsection I of this section, a school district or a
charter school shall not include pupils who are not residents of this state in the
district's or charter school's student count and shall not obtain state funding for those
pupils.