All children having legal residence, as defined herein, within the city limits of the Mountain Brook City School District and meeting the legal entrance age requirements shall be eligible to attend Mountain Brook City Schools.  First time enrollees shall be required to furnish proof of residence and age.


    I.              Residence 

    Legal residence as used herein means the fixed, permanent and primary domicile of the parent(s) or legal guardian(s).  The Legal Residence, as used herein, shall mean that true, fixed and permanent home and principal establishment to which, whenever absent, the parent(s) or legal guardian(s) of the student has the intention of returning.  As used herein, legal residence of domicile is distinguished from a temporary or secondary place of residence established for some specific purpose, but not the fixed, permanent, primary establishment of the parent(s) or natural guardian(s).

    II.            Definition of Residence for School Attendance 

    To be eligible to attend the Mountain Brook School System, a student must physically reside full time at a place of abode (house or other dwelling place)* within the city limits of Mountain Brook.


    III.           Physical Structure of Dwelling Must Be Within City Limits

    If the place of abode (house or other dwelling place)* is not clearly within the city limits (for example, where part of the property is within the city limits and part outside the city limits), then the abode will be considered within the city limits if the abode (the physical structure of the living quarters of the house) is assessed by the Tax Assessor as being within the city limits of Mountain Brook.

    In other words, to be eligible to attend Mountain Brook schools, a student must reside in a house or other dwelling place, the physical structure of which, is located within the city limits of Mountain Brook.


    IV.           Federal Guidelines 

    The Mountain Brook Board of Education and its administrative staff shall implement this policy in order to comply with established federal guidelines to ensure attendance of students in its system who are permanent, full-time residents, as defined above, with their parents(s) or legal guardian(s) in Mountain Brook and to prevent out-of-district students from establishing temporary or secondary residence in Mountain Brook for the purpose of attending Mountain Brook Schools in violation of Federal Court Orders.


    V.            Grandfather Provision 

    This policy shall have a prospective application.  Children of residents who are presently residing in homes which had been declared within the city limits for purposes of attending the Mountain Brook School System may continue to do so.

    All new residents of Mountain Brook, or people who change residence within Mountain Brook after the adoption of this policy, must comply with its provisions.



    *House, apartment, condominium, townhouse, etc.



    Adopted:  November 13, 1990