Code of the District of Columbia

§ 38–307. Nonresident free tuition.

A student entitled to enrollment without payment of nonresident tuition shall be either:

(1) A child who is otherwise eligible for admission to the DCPS or a public charter school, and who qualifies for free instruction under one of the following categories:

(A) A child who is in the care or control of a parent, custodian, or guardian who is a resident of the District;

(B) A child who is in the care or control of a District resident who is his or her other primary caregiver, as established pursuant to § 38-310;

(C) A child who is a resident of the District and does not have a living parent, custodian, guardian, or other primary caregiver in the United States;

(D) A child who is a ward of the District; or

(E) A child who is living with his or her spouse, when the spouse is at least 18 years old and is a resident of the District.

(2) An adult student who is otherwise eligible for admission to the DCPS or a public charter school and is a resident of the District. For the purposes of this chapter, the residence of an adult student is the address of the adult student, not the address of the adult student’s parent, custodian, guardian or other primary caregiver.


(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 10; as added Dec. 7, 2004, D.C. Law 15-205, § 4012(c), 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).