All students must attend the school in the district in which they are domiciled. Pursuant to G.S. 115C-366, a student who is not in a domiciliary of a local school administrative unit may only attend if all of the following apply:
The student resided with an adult, who is a domiciliary of that unit, as a result of any one of the following:
- The death, serious illness, or incarceration of a parent or legal guardian
- The abandonment by a parent or legal guardian of the complete control of the student as evidenced by the failure to provide substantial financial support and parental guidance
- Abuse or neglect by the parent in legal guardian
- The physical or mental condition of the parent or legal guardian is such that he or she can’t provide adequate care and supervision of the student
- The relinquishment of physical custody and control of the student by the student’s parent or legal guardian upon the recommendation of the Department of Social Services or Division of Mental Health
- The loss or student’s home is uninhabitable as a result of natural disaster, or
- The parent or legal guardian is one of the following:
- On active military duty and is deployed out of the local school administrative unit in which the student resides
- A member or veteran of the uniformed services who is severely injured and medically discharged or retired, but only for a period of the medical discharge or retirement of the parent or guardian, or
- A member of the uniformed services who dies on active duty or as a result of injuries sustained on active duty, but only for a year after death (For purposes of this sub-division, the term “active duty” does not include periods of active duty for training for less than 30 days. Assignment under this subdivision is only available if some evidence of the deployment is tendered with the affidavits required under subdivision (3) of this subsection.)
The student is:
- Not currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or an expulsion from school administrative unit, or
- Currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or expulsion from the local school administrative unit and is identified as eligible for special education and related services under the individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400, et seq., (2004). Assignment under this sub-division is available only under subdivision (3) of this subsection
- The caregiver adult and the student’s parent, guardian, or legal custodian have each completed and signed separate affidavits that:
- Confirm the qualifications set out in the subsection establishing the student’s residency,
- Attest that the student’s claim of residency in the unit is not primarily related to attendance at a particular school within the unit,
- Attest that the caregiver adult has been given and accepts responsibility for educational decisions for the student
If the student’s parent, guardian, or legal custodian is unable, refuses, or is otherwise unavailable to sign the affidavit, then the caregiver adult shall attest to the fact in the affidavit. If the student is a minor, the caregiver adult must make educational decisions concerning the student and has the same legal authority and responsibility regarding the student as a parent or legal custodian would have even if the parent, guardian, or legal custodian does not sign the affidavit. The minor student’s parent, legal guardian, or legal custodian retains liability for the student’s acts.
Upon receipt of both affidavits or an affidavit from the caregiver adult that includes an attestation that the student’s parent, guardian, or legal custodian is unable, refuses, or is otherwise unavailable to sign an affidavit, the local board shall admit and assign, as soon as practicable, the student to an appropriate school, as determined under the local board’s school assignment policy, pending the results of any further procedures for verifying eligibility for attendance and assignment within the local school administrative unit.
If it is found that the information contained in either or both affidavit is false, then the local board may, unless the student is otherwise eligible for school attendance under other laws or local board policy, remove the student from school. If a student is removed from school, the board shall provide an opportunity to appeal the removal under the appropriate policy of the local board and shall notify any person who signed the affidavit of this opportunity. If it is found that a person willfully and knowingly provided false information in the affidavit, the maker of the affidavit shall be guilty of a Class 1 misdemeanor and shall pay to the local board an amount equal to the cost of educating the student during the period of enrollment. Repayment shall not include State funds.