5152 Admission of Non-Resident Students

The Board of Education affirms that its primary responsibility is to provide the best possible educational opportunities for the children who are legal district residents and who are of legal age to attend school.

However, a non-resident student may be admitted to district schools upon payment of the Board-adopted tuition charge, if and only if, in the judgment of the Superintendent of Schools, the following conditions are met 

  1. The faculty and space are sufficient to accommodate the non-resident student;
  2. The non-resident student meets the district’s criteria for admission; and
  3. The admission of such non-resident student during the enrollment period is in the best interests of the district.

Building Principals will recommend non-resident student for approval or denial of admission, in accordance with district guidelines and state law and regulations. Any questions shall be referred to the superintendent for further review. The eligibility for enrollment of each non-resident student will be subject to annual review and reaffirmation. Final approval and placement shall be at the discretion of the Superintendent.

As with resident students, non-resident students will be expected to maintain a level of effort and achievement in accordance with their ability and to abide by district- and buildinglevel standards of conduct.

Tuition

The Board will establish tuition charges for non-resident students annually. Tuition rates shall be determined in accordance with the formula established by the New York State

Commissioner of Education. Non-resident students must satisfy the district’s tuition payment requirements in order to maintain their registration and attendance in the school district.

Future Residents

The children of families who have signed a contract to buy or build a residence in the school district may be enrolled during the semester in which they expect to become residents without payment of tuition. In the event a student has begun a semester, and for whatever reason, the contract is not fulfilled, the student may finish the semester without payment of tuition. In all such future resident cases, the parents must assume full responsibility for the transportation of the student.

Former Residents

When the family of a resident student moves outside the school district, the then non-resident student may continue without payment of tuition for the balance of the school year if the parents assume full responsibility for transportation and in the judgment of the Superintendent of Schools, the individual remains a student in good standing for the duration of the school year and if:

  1. The student is a senior as determined by the number of course credits earned; or
  2. The move occurs after April 1st of the school year (applies K- 11).

Emancipated Minors

A student who is an “emancipated minor” residing in the district may attend school in the district upon satisfactory proof that he or she is emancipated, i.e., living separate and apart from his or her parent(s) and not financially dependent upon them or in need or receipt of foster care. The district may not require an affidavit from the parent(s) of the student where such would constitute a hardship due to the unwillingness or inability of such parent(s) to provide same.

Non-residents Owning Real Property in the District

Non-residents who own real property in the district whose children have been accepted as students in the district schools will have deducted from the tuition amount a sum equal to school taxes paid in accordance with section 3202 of the Education Law.

Children of Non-resident District Employees

Tuition charges for children of non-resident district employees will be waived if the staff member is at least a four hour per day employee or a .5 full time equivalent (FTE).

Enrollment requests must be submitted to the superintendent, in writing, by February 1st for a September admission. Late requests shall be accepted for final approval and placement at the discretion of the Superintendent.

Review of Residency Decisions

The Board of Education names the Superintendent of Schools as its designee to determine whether a child is a resident of the district for purposes of attending school in the district. Prior to any residency decision by the Superintendent, the child’s parents or person in parental relation, as applicable, will be given the opportunity to submit information concerning the child’s right to attend school in the district. Where the Superintendent determines that the child is neither a resident nor entitled to attend school in the district, written notice of the determination will be provided including the procedures for the parents to follow in order to appeal the decision to the Board of Education. Prior to the Board’s review of the residencydetermination, the student’s parents may submit additional information concerning the student’s right to attend school in the district.

If the Board determines that the student is not entitled to attend school in the district, within two (2) business days of rendering such decision, written notice must be provided to the parents and include the basis for the determination, the date of exclusion from the district, and a statement regarding the right to appeal an adverse decision to the Commissioner within thirty (30) days.

The notice will also indicate that information concerning the appeal may be obtained from the New York State Education Department, Office of Counsel.

Transportation

Transportation will be provided for non-resident students if and only if existing bus routing is used, and there is sufficient room on the bus. Such requests for transportation must be made annually by April 1.

NOTE: This policy is not applicable to homeless students entitled to attend district schools under federal and state law and regulations, who may not be currently residing in the district (see policy 5151, Homeless Children). Homeless students who are not entitled to attend district schools under federal and state laws may be considered for non-resident enrollment under this policy.

This policy is also not intended to cover students who are placed in district programs by another school district.

Ref: Education Law §3202
8 NYCRR, Section 100.2(x)

Note: Prior policy, Policy Manual, 403, revised
Homeless Children- see policy #5151 Homeless Children & regulation

Adopted February 10, 2004
Adopted December 7, 2010
Revised, Adopted June 17, 2014
Revised, Adopted November 4, 2015
Revised, Adopted November 1, 2016
Revised, Adopted July 2, 2019

The district is not responsible for facts or opinions contained on any linked site. Some links and features on this site require the Adobe Acrobat Reader to view. Visit the Adobe website to download the free Acrobat Reader. This website was produced by the Capital Region BOCES Communications Service, Albany, NY. Copyright © 2019. All rights reserved.