(2) A child whose parent or guardian voluntarily placed the child outside the child’s home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be considered a resident for school purposes in the school district in which the child’s parent or guardian resides if:

(a) The child’s preferences in school attendance are taken into consideration;

(b) The child’s parent or guardian retains legal guardianship of the child;

(c) There is a plan for the child to return home;

(d) The voluntary placement is within 20 miles by the nearest traveled road from the school the child attended prior to the voluntary placement, unless there are physiographic conditions that make transportation to the school not feasible; and

(e) The child’s parent or guardian and the school staff from the school the child attended prior to the voluntary placement can demonstrate that it is in the best interest of the child to continue to attend the school the child attended prior to the voluntary placement. The best interest of the child may be demonstrated by factors, including but not limited to the following:

(A) The child’s siblings attend the school;

(B) A change in the child’s routine would be detrimental to the child; or

(C) The child has developed and maintained a network of personal contacts, support services and friends and a sense of community within the school.

(3) Transportation for a child whose parent or guardian voluntarily placed the child outside the child’s home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be the responsibility of the child’s resident school district, as determined under subsection (1) or (2) of this section.

(4) Nothing in this section shall affect the ability of school districts to enter into agreements with other school districts for the transportation of students. [1995 c.567 §2; 2011 c.718 §13; 2017 c.726 §23; 2019 c.561 §4]