4000 Series - Students » 4120 Domicile or Residence Requirements

4120 Domicile or Residence Requirements

A student who is domiciled within the geographic area served by the school system, who is under age 21 (22 for students entitled to special education services), who has not completed the prescribed courses for high school graduation, and who otherwise qualifies for admission, is entitled to be admitted without payment of tuition. Under certain circumstances specified by law, a student who resides in the area served by the school system and who otherwise qualifies for admission to its schools also is entitled to be admitted without payment of tuition. In addition, students who are homeless or in foster care may be entitled to continue attending their school of origin without payment of tuition, regardless of a change in their domicile or residency status.

Domicile and Residence Defined

Domicile requires the intent to abandon one's prior home and remain in the new location as a permanent home for an indefinite period. In contrast, a residence need not be one's exclusive home and does not require an intention that the residence be the permanent home.

Meeting Domicile and Requirements

  1. Domicile of Students Generally

    The domicile of a student under 18 years of age is presumed to be the domicile of his or her parents, legal guardian, or legal custodian as defined by the General Statutes of North Carolina.

  2. Domicile of Emancipated Students

    If the student is at least 18 years of age or married or abandoned by his or her parents, or if the court declares a student to be emancipated, the student may establish a domicile independent from that of his or her parents, legal guardian, or legal custodian. A student who establishes domicile as a result of being emancipated will be considered a domiciliary of the school district and will be entitled to the same rights and privileges of other students domiciled in the school district.

  3. Domicile of Students with Divorced or Separated Parents

    Domicile for the purpose of school attendance will be determined by the following criteria: 

    • In the event that the parents are divorced or separated and physical custody has been given to only one parent, a student's domicile follows that of the parent who has been granted physical custody.
    • If physical custody has not been determined or has been granted jointly to both parents, or if the custodial parent wishes the student to attend school in the non-custodial parent’s district of residence, then the parents must jointly agree on which residence will be used to determine the child's domicile.
    • The selection may not be changed during the school year unless the parents satisfy the Board of Education's policies on transfers and releases.
    • In the event the parents cannot agree on which residence will be used to determine the child's domicile for school attendance purposes, the residence of the parent with physical custody of the child at the beginning of the school year will prevail.

Meeting Residence Requirements

A student who resides in the district in any of the following circumstances will be admitted without payment of tuition.

  1. The student is homeless as defined in state and federal law and policy 4125, Homeless Students. A homeless student will be assigned in accordance with policy 4125, Homeless Students.
  2. The parent, guardian, or legal custodian residing in the school district attendance area is a student, employee, or faculty member of a college or university, or is a visiting scholar at the National Humanities Center.
  3. The student resides in a group home, foster home, or other similar facility or institution.
  4. The student resides with an adult who is a domiciliary of that unit, as a result of any 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 or legal guardian;
    • the physical or mental condition of the parent or legal guardian is such that he or she cannot provide adequate care and supervision of the student; or
    • 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 the Division of Mental Health.
    • the loss or uninhabitability of the student's home as the result of a natural disaster.
    • Parent or legal guardian is one of the following: (1) a member or veteran of the uniformed services who is severely injured and medically discharged or retired (but only for a period of one year after the medical discharge or retirement of the parent or guardian); or (2) a member of the uniformed services who has died while on active duty or as a result of injuries sustained on active duty (but only for a period of one year after the death of the parent or guardian). Assignment under this subsection is only available if some evidence of the medical discharge, retirement, or death is tendered with the affidavits required under G.S. 115C-366.
    • The parent or legal guardian is on active military duty, not including periods of active duty for training for less than 30 days, and the commanding officer of the parent or legal guardian provides in a signed letter that the parent or legal guardian's military orders prevent him or her from physically residing with the student. Assignment under this subsection is only available if the signed letter from the commanding officer is included with the affidavits required under G.S. 115C-366, and the commanding officer indicates the time period that such military orders will be in effect.

In order to be admitted under this provision, the student can not be currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or an expulsion from the local school administrative unit. The adult with whom the student resides and the student's parent, guardian, or legal custodian must complete and sign separate affidavits available through the superintendent's office attesting to information required by G.S. 115C-366(a3). If it is found that a person willfully and knowingly provided false information in the affidavit, the maker of the affidavit will be guilty of a Class 1 misdemeanor and will pay to the local Board of Education an amount equal to the cost of educating the student during the period of enrollment. Repayment will not include state funds.

Any student whose parent or legal guardian is a full-time employee of the Wilkes County Board of Education is exempt from the requirement to pay tuition.

Remote Enrollment of Children of Military Families

A student who is not domiciled in the school system attendance area is permitted to enroll by remote means, including electronic means, prior to commencement of the student's residency in the school system attendance area if all of the following apply.

  1. The student's parent or legal guardian (a) is on active military duty and is transferred or pending transfer pursuant to an official military order to a military installation or reservation in North Carolina or (b) will be separating from active military duty within a 12-month period.
  2. Upon request by the school system, the parent or legal guardian provides a copy of (a) the official military order transferring to the military installation or reservation, (b) the official separation orders, or (c) an official military document showing the anticipated date of separation or date of projected permanent change of station.
  3. The parent or legal guardian completes and submits the school system's enrollment forms and documentation, other than proof of residency and documentation related to disciplinary actions required under policy 4115, Behavior Standards for Transfer Students.
  4. The parent or legal guardian submits to the school system the proof of residency and documentation related to the disciplinary actions upon the student commencing attendance. If the proof of residency has not yet become available because the parent or legal guardian and student are residing in temporary housing, the student will be permitted to enroll and begin attending school based on the anticipated domicile: (a) for a period up to one year either (1) from the parent or legal guardian's reporting-for-duty date, separation date from active military duty, or anticipated separation date from active military duty or (2) through the end of the school year; or (b) through high school graduation for a student who is enrolling as a high school junior or senior.

The school system will make available to a student who registers to enroll pursuant to this section the same opportunities available to a domiciled student, such as requesting or applying for school assignment, registering for courses, and applying for any other programs that require additional request or application.

Participation in JROTC by Home School Students

A home school student who resides within the assignment area of a school that maintains a Junior Reserve Officers' Training Corps (JROTC) unit shall be permitted membership in the JROTC unit of the school without regard to domicile if the student is otherwise qualified for membership but for lack of enrollment in the school.

Students Participating in the North Carolina Address Confidentiality Program

In determining whether a student meets the domicile or residence requirements of this policy, school personnel shall consider the actual address of a participant in the North Carolina Address Confidentiality Program established by G.S. Chapter 15C, but such address will remain confidential in accordance with law and policy 4250/5075/7316, North Carolina Address Confidentiality Program.

Legal References: 10 U.S.C. 2031(f); Elementary and Secondary Education Act, 20 U.S.C. 6303 et seq.; Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., 34 C.F.R. pt. 300; McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq.; Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care, U.S. Department of Education and U.S. Department of Health and Human Services (June 2016); Non-Regulatory Guidance on Education for Homeless Children and Youths Program, U.S. Department of Education (July 2016); G.S. 7B art. 35; 35A art. 6; 15C-8(i); 50-13.1 to -13.3; 115C-106.2, -106.3, -107.6, 108.1(a), -366, -407.5; Policies Governing Services for Children with Disabilities, State Board of Education Policy EXCP-000

Cross References:

Adopted: January 9, 2006

Revised: September 8, 2014; November 3, 2025