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Introduced by   Representatives Bartlett of Dover, Brennan of Colchester, Kitzmiller of Montpelier, Larocque of Barnet, Lawrence of Lyndon, McAllister of Highgate, Winters of Swanton and Winters of Williamstown

Referred to Committee on


Subject:  Education; legal residence; custodial parent

Statement of purpose:  This bill proposes to stipulate that the district of residence for purposes of providing education for a child is the residence of the custodial parent.


It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  16 V.S.A. § 1075(a) is amended to read:

(a)  For the purpose of this title, except as otherwise set forth herein, the legal residence or residence of a pupil shall be as follows:

(1)  in the case of a minor, legal residence is where his or her parents reside, except that:

(A)  if the parents live apart, legal residence is where either the custodial parent resides, but if a parent with sole custody lives outside the state of Vermont the pupil does not have a legal residence in Vermont; however, if the parents share custody then the legal residence is where either parent resides;

(B)  if the minor is in the custody of a legal guardian appointed by a Vermont court or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides;

(2)  in the case of a student who has reached the age of majority, legal residence is where the student resides;

(3)  for the purposes of this title, “resident” of the state and of a school district means a natural person who is domiciled in the school district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent.  The term “temporarily absent” includes those special cases listed in 17 V.S.A. § 2122(a). The term “residence” is synonymous with the term “domicile.”  A married person may have a domicile independent of the domicile of his or her spouse.  If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time.  A person may have only one residence at a given time.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont