Foster handicapped Child--where should they attend school. Can such a child whose parents live in one district, but it lives in another attend school where the child resides? 6-20-501 et seq. Yes.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85-13 January 21, 1985 Honorable John W. "Bill" Ramsey Representative, District 12 406 East Graham Street Prairie Grove, Arkansas 72753 Dear Rep. Ramsey: This is in response to your opinion request wherein you posed the following question: "If a handicapped school-aged child resides ina foster home in school district "A" and the child's parents reside in school district "B", under Act 828 of 1981 (taking into account Act 815 of 1981 and Public Law 94-142) is the child eligible to attend school district "A"?" Act 815 of 1981, Ark. Stat. Ann. 80-738 et. seq. (Supp. 1983) and Act 828 of 1981, Ark. Stat. Ann. 80-1501 (Supp. 1983) provide in pertinent part as follows: (a) Hereafter, for the purposes of the education of a schoolage child in this State, the residence of a child living in a foster home shall be the school district of the residence of the foster family home or child care facility in which the child resides. Ark. Stat. Ann. 80-741 (Supp. 1983). The public schools of any school district in this State shall be open and free through completion of the secondary program, to all persons between the ages of six (6) and twenty-one (21) years who are domiciled in the district or, in the case of minors, whose parents or legal guardians are domiciled in the district, or to all persons between these ages who have been legally transferred to the district for education purposes. Ark. Stat. Ann. 80-1501 (Supp. 1983). Honorable John W. "Bill" Ramsey January 21, 1985 Page 2 In response to your inquiry, it is the opinion of this office that the handicapped child in question would be eligible to attend the school district wherein his foster parents reside. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General C. R. McNair,III. Sincerely, STEVYE CLARK Attorney General SC:CRM: jkb