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HomeMy WebLinkAboutRes 17-06 WA Amending Proof of Residency Policy 1.01 WESTLAKE ACADEMY RESOLUTION 17-06 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AMENDING THE RESIDENCY POLICY NO 1.01. WHEREAS, Westlake Academy Board of Trustees (BOT) has formulated policies to establish parameters by which admission of students into Westlake Academy is conducted to a standard that comports with all State requirements for Westlake Academy, a public open enrollment charter school authorized by the Texas Education Agency; and WHEREAS,the current BOT Policy 1.01 Residency Policy was originally adopted in May of 2009 and has been updated and revised by the BOT periodically since that time as our school and community has continued to grow; and WHEREAS, Westlake Academy Board of Trustees wishes to amend their Residency Policy to allow, under certain terms and conditions, the use of an approved residential building permit as a means for admittance of the homeowner's children into Westlake Academy WHEREAS,the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees of Westlake Academy, hereby approves the attached amended Residency Policy 1.01 allowing, under certain terms and conditions specified in said amended policy, the use of an approved residential building permit as a means for admittance of the homeowner's children into Westlake Academy SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction,such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. WA Resolution 17-06 Page 1 of 5 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3rd DAY OF APRIL 2017. r . Laura Vheat, President ATTEST: aA Kelly)Edwa , Board Secretary Thomas E. Brymer, er' tendent APPROVED AS TO FORM: Jant S. Bubert r L. Stanton Lowry, School Attorney WA Resolution 17-06 Page 2 of 5 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 1.01: Date Board Adopted: May 4, 2009 Date Board Amended: April 3, 2017 Effective Date: April 3, 2017 Policy Category: Admissions Policy Name: Proof of Residency Policy Policy Goal: Clear and concise communication for students and parents regarding the criteria to establish residency status for individuals seeking admission to Westlake Academy and development of a process/criteria for the consideration of documentation from Westlake resident grandparents that they are providing substantial after school care for their grandchild seeking admission to Westlake Academy. Policy Description: If, during the enrollment period, Westlake Academy receives more applications from eligible applicants than there are spaces available in a class, then admission shall first be offered to eligible applicants residing within the Academy's Primary Boundary, which is consistent with the geographic boundaries of the Town of Westlake. The parent, legal guardian, or other person having lawful control of an applicant seeking admission as a resident of the Primary Boundary must provide proof of residency within the boundaries of the Town of Westlake. Required Documentation to Establish Residency in the Primary Boundary An applicant's parent, legal guardian, or other person having lawful control shall provide one or more of the following documents as proof of residence within the boundaries of the Town of Westlake: • Tax receipt from the current year indicating homestead property ownership; • Current lease agreement (subject to additional requirements below); • Current utility bill for the primary residential structure in the name of the applicant's parent, legal guardian, or other person having lawful control; or • Valid, fully-executed real estate earnest money contract to purchase or build residential structure (subject to additional requirements below). In addition to one of the documents identified above, the parent, legal guardian, or other person having lawful control must provide a photo identification card that includes the WA Resolution 17-06 Page 3 of 5 person's photograph, name, and an address that matches the address included on the document provided from the list above. Acceptable photo identification cards shall include a current and valid state-issued driver's license, a Texas identification card, a military or government-issued identification card, or a consular card. Westlake Academy will not accept a credit card, debit card, or any club or retail membership card for proof of residency, even if such card includes a photograph. An applicant relying on a residential lease to establish residency must provide a copy of a fully-executed lease with a lease-term that extends for the entire time period the applicant intends to rely upon the lease to document residency. A residential lease shall be considered acceptable documentation to establish residency only if the leased premises is the primary residential structure on a property. Any family/person who executes and submits a lease to document residency in the Primary Boundary without occupying the leased property for as long as the applicant's child attends the Academy, shall subject their child(ren) to immediate removal from the school and such action may be considered fraudulent activity, unless documentation of another Primary Boundary residence is provided. An applicant relying upon a contract to purchase an existing home to establish residency must also provide additional documentation of a closing date and intent to inhabit the residence, which must occur within the first 90 days of the date the student seeks to enroll. An applicant relying upon a contract to build a new residence to establish residency must also provide documentation of an approved building permit from the Town of Westlake and written notice from the builder confirming the slab/foundation was poured prior to submitting the application for enrollment. The applicant must also provide documentation from the builder of the estimated completion date for the new residence, which must occur within the school year the student seeks to enroll. In addition to these initial documentation requirements, the applicant will be required to submit verification, according to a schedule identified by the Town, of the completion of major construction milestones for the home including, but not limited to, framing, dry wall, masonry, roofing, plumbing, and electrical work. Responsibility for providing documentation of the milestones identified by the Town shall be the homeowner's sole responsibility. Failure by the homeowner to submit any or all of the milestone verifications may result in the Academy unilaterally un-enrolling the student. Extensions to the deadlines identified in this policy or by the Town may be granted by the Superintendent if, in the Superintendent's sole discretion, extenuating circumstances justify a reasonable extension. It is anticipated that an extension would not exceed ninety (90) calendar days. Applicants relying upon a contract to purchase or build a home to establish residency within the Primary Boundary must submit proof of residency within the Secondary Boundary at the time the application is submitted, and must provide the required documentation of residency at the Primary Boundary address within 30 days of occupying the Primary Boundary residence. Failure to provide required documentation may result in a student's immediate withdrawal from the Academy. WA Resolution 17-06 Page 4 of 5 For a single-family residence, only one structure shall be recognized per legal address. Secondary structures such as garages, garage apartments, cabanas, pool houses, or cottages that are co-located on the property where the primary residential structure is located, but are not recognized with a separate legal address, are not eligible to establish residency under this policy. Further, a lease shall be accompanied with a utility bill showing that the utility service for the leased residential premises is in the name of the person leasing the primary residential structure. Nonresident Student in Grandparent's After-School Care: A student seeking admission to Westlake Academy, after August 1, 2015, as a resident of the primary boundary due to a grandparent providing substantial after-school care for the student shall provide the required proof of residency based on the grandparent's Westlake residence and will be subject to the admission policy applicable to all Westlake residents regarding their continued enrollment. The grandparent must annually provide a notarized affidavit, on a form provided by Westlake Academy, confirming the extent of after-school care to be provided by the grandparent. The Superintendent shall have authority to approve such admission applications in accordance with the following criteria: a minimum of ten (10) hours per week of documented after-school care provided by the grandparent at the grandparent's Westlake residence. Required Documentation to Establish Residency in Secondary Boundary If all eligible applicants from the primary boundary are admitted and the Academy chooses to admit transfer students from the secondary boundary, the same types of documentation identified above shall be used to establish residency within the Academy's secondary boundary. Residency Review A Westlake Academy representative may make periodic visits to a residence to verify that the student is actually living at the address provided on the enrollment application or is entitled to enrollment as a resident because of after-school care provided by a grandparent. A person who presents false information or false records to obtain admission to Westlake Academy commits a criminal offense and is subject to prosecution under Texas Penal Code Section 37.10. Proof of residency shall be waived when a student is homeless as defined by law. Dates Amended: 08/03/09 12106/10 08113/12 06/03/13 11/17/14 06/01/14 WA Resolution 17-06 Page 5 of 5