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22-32-116. Exclusion of nonresidents - exception


(1) Notwithstanding the provisions of section 22-36-101, and except as otherwise provided for homeless children pursuant to section 22-1-102, any pupil who is enrolled as a resident student shall be entitled to complete the semester or other term for credit if such pupil becomes a nonresident, or, if such pupil becomes a nonresident while enrolled in the twelfth grade, such pupil shall be entitled to finish that school year as a resident.


(2) (a) The provisions of this subsection (2) are only applicable to elementary school-age children.

(b) If a pupil is enrolled in an elementary school and becomes a nonresident subsequent to the time of enrollment or becomes a nonresident during the time period between school years, the school district shall allow the pupil to remain enrolled in or to reenroll in said elementary school subject to the following requirements:

(I) The pupil was included in the most recent October pupil enrollment count taken by the school district and has been continuously enrolled in the elementary school since the date the count was taken;

(II) The parent or guardian of the pupil has made a written request to the principal of the elementary school asking for the pupil to remain enrolled in or to reenroll in the school; and

(III) The request has been approved by the principal of the elementary school following a finding that space exists in the school to accommodate the pupil.

(c) If the pupils request is made and approved pursuant to this subsection (2), the school district shall permit the pupil to remain enrolled in or to reenroll in the requested elementary school. The school district of residence and the school district of attendance shall enter into a written agreement concerning the pupil as provided in section 22-32-115 (4).

(d) If the pupil that has received permission to reenroll in an elementary school pursuant to the provisions of this subsection (2) does not do so by the pupil enrollment count in October, the school district is no longer required to permit such reenrollment.

(e) Nothing in this subsection (2) may be construed as creating an obligation on the part of the school district of residence or the school district of attendance to provide transportation at public expense for any such pupil to and from the school of attendance.


Source: L. 64: P. 587, 17. C.R.S. 1963: 123-30-17. L. 73: P. 1280, 1. L. 94: Entire section amended, p. 559, 4, effective April 6; entire section amended, p. 1060, 1, effective May 4. L. 2002: (1) amended, p. 206, 5, effective July 1.


Editors note: Amendments to this section in House Bill 94-1065 and House Bill 94-1174 were harmonized.


Annotators note. Since 22-32-116 is similar to repealed CSA, C. 146, 89, and laws antecedent thereto, relevant cases construing those provisions have also been included in the annotations to this section.

The terms domicile and residence are not synonymous in this and other statutes setting forth residence requirements entitling children to school privileges. Cline v. Knight, 111 Colo. 8, 137 P.2d 680.

Child placed in home is resident of district where home is located. Where a father places his minor son with a family with the sole purpose of giving him a home with desirable influences and surroundings, and with no special reference to school privileges, the boys resident for school purposes is in the district where such home is located, regardless of the fact that his father resides in another district. Fangman v. Moyers, 90 Colo. 308, 8 P.2d 762 (1932).

Where child was born and always lived in Denver and had never resided with her father or in the district wherein he resides, and the surrounding facts were that she never would, the childs residence for school purposes was in Denver where she lived with her aunt and she must be permitted to attend the public schools therein tuition free. Cline v. Knight, 111 Colo. 8, 137 P.2d 680 (1943).

The statute is unambiguous in that there is no right to reenroll for the following school year for a child who became a nonresident during the school year and remained enrolled during the school year. Bradshaw v. Cherry Creek Sch. Dist. No. 5, 98 P.3d 886 (Colo. App. 2003).