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Parent Residence Requirements for Service Members, Peace Officers & Educators

The amendments to Section 442, Residence in School District provide for an exception to the parent residence requirement for children of ‘service members’ (military) and ‘peace officers’ as defined in the Texas Education Code 25.0344, as well as children of school employees who are hired for an SBEC certified position who transfer to new schools at their first opportunity. 

Section 442 (h):  MILITARY PARENT(S); PEACE OFFICER PARENT(S); EDUCATOR PARENT(S).

  1. A student whose parent is active military and receives a permanent change of station to a military base with a special purpose school district, or whose parent has been released into retirement by the Department of Defense for a reason other than a dishonorable discharge and the student enrolls in the special purpose school district on a military base at the student’s first opportunity, is considered in compliance with this rule.

  2. A student whose parent is a ‘servicemember’ as defined in section 25.0344 of the Texas Education Code (TEC), and transfers to a new school as outlined in TEC 25.0344 at first opportunity, and is otherwise in compliance with eligibility rules, is considered in compliance with this rule.

  3. A student whose parent is a ‘peace officer’ as referenced in section 25.0344 of the Texas Education Code (TEC) (definition in section 1701.001, occupations code), and transfers to a new school as outlined in TEC 25.0344 at first opportunity, and is otherwise in compliance with eligibility rules, is considered in compliance with this rule.

  4. A student whose parent is hired for a full-time position requiring a certificate from the State Board for Educator Certification (SBEC) at a member independent school district (ISD) or member charter school organization and transfers to a new school in the ISD or the charter school in which the parent is employed, at first opportunity, and is otherwise in compliance with eligibility rules, is considered in compliance with this rule, with local school district approval.

All students must complete a Previous Athletic Participation Form (PAPF) and be found not to have changed schools for athletic reasons.

  • Students who were previously ruled ineligible, who now meet the exceptions found in Section 442(h), may be eligible.

    • The school should contact UIL Staff to re-open the PAPF so that it may be re-sent to the DEC with the updated information. 

  • If the student meets the criteria for an exception to the parent residence requirement but a waiver automatically populates when filling out the online PAPF:

    • The waiver can be removed by pressing "Tools" (top of screen) then "Add/Remove Forms."

    • An explanation of why the waiver is not required should be uploaded to the PAPF for the DEC chair. 

  • "First Opportunity" in reference to Section 442(h): If the first opportunity for a child to transfer to a new school occurs during a semester, the student is expected to at least start the next semester at the new school. 

    • Entry into the 9th grade is considered first opportunity. 

  • "Requiring a certificate from the State Board of Educator Certification (SBEC) in reference to Section 442(h)(3): Professional educators who are hired for an SBEC certified position may be eligible for this exception even if they have not yet acquired the SBEC certification to fulfill the SBEC certified requirement.

    • A SBEC certified position would include, but may not be limited to teachers, principals, certified professionals, and instructional aides.

  • Students whose parents are service members, peace officers, or educators who DO NOT meet the criteria for this exception to the parent residence requirement need to apply for a waiver for varsity eligibility the first year of attending a school in which they are not in compliance with the parent residence rule.

Section 442 (b): 

(b) GUARDIAN OF PERSON. If a student’s parents are alive but a guardian of his or her person was appointed by appropriate authority and recorded in the county clerk’s office more than one year ago, the residence of the student is presumed to be that of the guardian if the student has continuously resided with the guardian for a calendar year or more. If no legal guardianship has been taken out, three years’ residence with and support of a contestant establishes guardianship within the meaning of this rule.

*Interpretation for step-parent: If a step-parent meets the requirements outlined in section 442(b), having provided three years of residence with and support for a contestant, the exception in section 442(h) may apply.

 

Residence Rule (442 h) FAQ

Service Members, Peace Officers, School District Employees in SBEC Certificate Required positions.

To qualify for the exception, the parent(s) must be able to otherwise establish residency for the student.

+ Show All Answers

Is a change in residence required in order to create a ‘first opportunity’ under this exception?
In most cases, yes. If there is a question in this regard, send the details in an email to athletics@uiltexas.org
Is a change in job required in order to create a ‘first opportunity’ under this exception?
In most cases, yes. If there is a question in this regard, send the details in an email to athletics@uiltexas.org
What is considered as first opportunity?
The following are examples of ‘first opportunity’ but may not be an exhaustive list of such circumstances:
  • Student enters 9th grade regardless of hire date / change in circumstance =  first opportunity
  • Change in circumstance for Peace Officer, Servicemember or Employee hired for a position that requires SBEC certification after the start of the second semester of prior school year and prior to the start of the first semester of new school year: First opportunity defined as the first day of school for the fall semester of new school year.
  • Change in circumstance for Peace Officer, Servicemember or Employee hired for a position that requires SBEC certification after the start of the first semester and prior to the start of the second semester: First opportunity defined as the first day of school for the spring semester.
  • If there is a question in this regard, send the details in an email to athletics@uiltexas.org
Is a student eligible for the exception if their stepparent is a peace officer or educator who obtained an SBEC position with an ISD?
In most cases, no. Only biological parents or parents who have adopted the student are eligible for the exception (Section 442). However, if the parent and stepparent have been married for more than three years, the exception may apply. If there is a question in this regard, send the details in an email to athletics@uiltexas.org
Would an educator who is married but separated be eligible for the exception?
Not automatically. If a student moves with a separated parent, they are not eligible for the exception and must apply for a waiver of the parent residence rule. However, if the parents have been separated and living apart for more than three years, the student may be eligible (Section 442(g)).
Parent and student reside in school A’s attendance zone. Parent gets new job in school B’s attendance zone and transfers the student to the new school once they begin employment at the new school. Does this student require a waiver?
No, not if the parent is in a position that requires a SBEC certification and the student transferred to the new school at first opportunity.  The student would also need a complete, varsity approved PAPF and otherwise be in compliance with varsity eligibility rules.
Parent and student reside in ISD A. Parent works for ISD B. When the student is in 8th grade, they attend a middle school in ISD A. Upon entering 9th grade for the first time, the student enrolls in a high school in ISD B where the parent is employed in a position that requires SBEC certification. Does the student qualify for the exception to the residence rule for employees?
Yes, as long as the student gets a complete, varsity approved PAPF and is otherwise in compliance with varsity eligibility rules. Entering 9th grade for the first time is viewed as a ‘first opportunity’ under this rule.
Student and parent(s) reside in the attendance zone for high school A in a multi-school ISD. Parent coaches at high school B and student attends high school B. Parent takes a new job in the same ISD at high school C and transfers the student to high school C at first opportunity. Does the student qualify for the exception to the residence rule for employees?
Yes, as long as the student gets a complete, varsity approved PAPF, is otherwise in compliance with varsity eligibility rules, and they transfer at first opportunity.
Student and parent(s) reside in ISD A, and student is enrolled in high school A. Parent has been employed at ISD B for two (2) years. As a 10th grader, the student chooses to transfer to school B where the parent is employed. Does the student qualify for the exception to the residence rule for employees?
No. In order to qualify for the exception, the student would have had to have changed schools at first opportunity, which would have been their 9th grade year.


Military Police Officers 

Who qualifies as a ‘Peace Officer’ under this rule?
This is subject to state law and is available in section 1701.001 of the Texas Occupations Code, which can be accessed online at: https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1701.htm#1701.001
Who qualifies as a ‘Servicemember’ under this rule?
This is subject to state law and is available in section 25.0344 of the Texas Education Code (TEC), which can be accessed here:  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm#25.0344
Would a peace officer or military student have first opportunity if the parent changes jobs but not residence?
Not automatically. To have first opportunity, the military/peace officer parent must have a change in residency to a new ISD. If a student moves with a separated parent, they may not be eligible for the exception and may apply for a waiver. However, if the parents have been separated and living apart for more than three years, the student may be eligible (Section 442(g)). If there is a question in this regard, send the details in an email to athletics@uiltexas.org
Student has a parent who is a Peace Officer. The family resides in ISD A and parent is a SRO at a school in ISD B. Student attends a school in ISD C. Parent gets a new job as a Peace Officer at a school in ISD C. Student changes schools to a high school in ISD D. Does the student qualify for the exception to the residence rule for Peace Officers?
Yes, as long as the student gets a complete, varsity approved PAPF, is otherwise in compliance with varsity eligibility rules, and they transfer at first opportunity.
Student has a parent who is a service member. Student and parent(s) reside in ISD A and go to school at high school A. Parent receives a permanent change of station order to a post overseas. Student moves in with a family member in ISD B and enrolls in high school B. Does the student qualify for the exception to the residence rule for Service Members?
Yes, as long as the student gets a complete, varsity approved PAPF, is otherwise in compliance with varsity eligibility rules, and they transfer at first opportunity.
Do federal law enforcement personnel (Border Patrol, FBI, ATF, etc) qualify for this exception?
Yes, as long as the student gets a complete, varsity approved PAPF, is otherwise in compliance with varsity eligibility rules, and they transfer at first opportunity.