(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:
The pupil was included in the most recent October pupil enrollment count taken bythe school district and has been continuously enrolled in the elementary school since the date the count was taken;
The parent or guardian of the pupil has made a written request to the principal of theelementary school asking for the pupil to remain enrolled in or to reenroll in the school; and
The request has been approved by the principal of the elementary school followinga finding that space exists in the school to accommodate the pupil.
If the pupil's request is made and approved pursuant to this subsection (2), the schooldistrict 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).
If the pupil that has received permission to reenroll in an elementary school pursuantto 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.
Nothing in this subsection (2) may be construed as creating an obligation on the partof 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.
Editor's note: Amendments to this section in House Bill 94-1065 and House Bill 941174 were harmonized.