5118 5118Students
Nonresident Students
Definition
A nonresident student is a student who:
A. resides outside of the school district; or
B. resides within the school district on a temporary basis; or
C. resides within the school district on a permanent basis but with pay to the person(s) with whom the student is living; or
D. resides within the school district for the sole purpose of obtaining school accommodations; or is
E. a child placed by the Commissioner of Children and Youth Services or by other agencies in a private residential facility. However, under this circumstance, children may attend local schools with tuition paid by the home district unless special education considerations make attendance in local schools and programs inappropriate. Children not requiring special education who live in town as a result of placement by a public agency (other than another Board of Education and except as provided otherwise in this paragraph) are resident students; those requiring special education may attend local schools (with special education cost reimbursements in accordance with statutes) unless special education considerations make attendance in local schools and programs inappropriate.
Nonresident Attendance without Tuition
Upon written parental request, nonresident students may be allowed by the Superintendent of Schools to attend district schools without tuition under one or more of the following conditions:
A. A family moves from the district after January 1st of the school year; however, if parents so request, a child may complete the marking period regardless of when the family moves from town;
B. A family residing outside of a district has firm plans to move into the school district within the current school year as evidenced by a contract to buy, build, rent, or lease;
C. A twelfth grade student wishes to complete his or her education in the district;
D. Children reside temporarily within the district because of family changes or children attending local schools residing temporarily outside of the district because of family circumstances. Approval shall not exceed three (3) calendar months; if subsequent approval is necessary, it shall be considered based upon information available at that time.
E. Necessary child care in the district by grandparents or other relatives.
F. Mental or physical health of the child as certified by a physician, school psychologist, or other appropriate school personnel.
Exchange Students
No tuition is required for foreign students living within the district under the American Field Service Program or under other programs or circumstances approved by the Board. Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.
Nonresident Attendance With Tuition
Nonresident students who do not meet one or more criteria under previous sections of this policy, may attend local schools only with tuition payment. The Superintendent may approve nonresident student attendance with tuition if class size, transportation, and other considerations permit, and shall notify the Board of Education of all tuition approvals. Nonresident approval with tuition shall be for one (1) school year or less. Tuition rates shall be established by the Board annually.
Attendance by a nonresident tuition student may be terminated by Board of Education action, upon recommendation of the Superintendent of Schools, if the Board deems such termination in the best interest of the school district. An adjustment of tuition on a per diem basis will be made in this instance.
Evidence of Residency
The Superintendent of Schools or his/her designee may require documentation of family and/or student residency, including affidavits, provided that prior to a request for evidence of residency the parent or guardian, relative or non-relative, emancipated minor, or student eighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such student's may not be entitled to attend school in the district. An affidavit may require a statement or statements with documentation that there is bona fide student residence in the district, that the residence is intended to be permanent, that it is provided without pay, and that it is not for the sole purpose of obtaining school accommodations.
Removal of Nonresident Student From District Schools
If after a careful review of affidavits and other available evidence, the Superintendent of Schools or his/her designee believes a student is not entitled to attend local schools, the parent or guardian, the student if an emancipated minor, or a student eighteen (18) years of age or older shall be informed in writing that, as of a particular date, the student may no longer attend local schools, and the Superintendent shall notify the Board of Education (if known) where the child should attend school. If after review district residency is established by the evidence, the parent or guardian, the student if an emancipated minor, or a student eighteen (18) years of age or older shall be so informed.
Removal of Nonresident Student From District Schools (continued)
If a student is removed from a district school for residency reasons the Superintendent of Schools or his/her designee shall: 1) inform the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of hearing rights before the Board of Education and that the student/s may continue in local schools pending a hearing before the Board of Education if requested in writing by the parent, guardian, emancipated minor, or student eighteen (18) years of age or older, 2) that upon request, a transcript of the hearing will be provided, 3) that a local Board of Education decision may be appealed to the State Board and that the student/s may continue in local schools pending a hearing before the State Board if requested in writing by the parent, guardian, emancipated minor, or student eighteen (18) years of age or older, 4) that if the appeal to the State Board of Education is lost, a per diem tuition will be assessed for each day a student attended local schools when not eligible to attend.
Board of Education Hearing
Upon written request, the Board of Education shall provide a hearing within ten (10) days after receipt of such request. If there is a hearing, the Board shall make a stenographic record or tape recording of the hearing; shall make a decision on student eligibility to attend local schools within ten (10) days after the hearing; and shall notify the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of its findings. Hearings shall be conducted in accordance with the provisions of Sections 4-177 to 4-180 inclusive of Connecticut General Statutes.
The Board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board of Education.
Legal Reference: Connecticut General Statutes
4-176e through 4-185 Uniform Administrative Procedure Act.
10-186 Duties of local and regional Boards of education re school attendance. Hearings. Appeals to state Board. Establishment of hearing Board.
10-253 School privileges for students in certain placements...and temporary shelters.
Policy adopted: 7/11/05
Form 1
Students
Nonresident Students
FORM LETTERS QUESTIONING STUDENT RESIDENCE IN DISTRICT
Date: ___________
To: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
Dear ______________________ :
We believe that the following student/s may not meet residency requirements to attend district schools. Connecticut State Statutes and Board of Education policies require students to reside within the town and that local student residence is intended to be permanent, provided without pay, and not for the sole purpose of obtaining school accommodations.
NAME ____________________________________________________________________
SCHOOL__________________________________________________________________
GRADE___________________________________________________________________
The student/s listed above may not meet residency requirements for the following reason or reasons:
___________________________________________________________________________
Within five (5) days, we will send you a request to document residency for the student/s named above, including an affidavit of residency to be completed by the parent or guardian, the relative or non-relative with whom the student resides, and the student if an emancipated minor or eighteen (18) years of age or older. If a student does not meet residency requirements as outlined in the first paragraph of this letter, you should withdraw the student from the (name) school system immediately and enroll him/her in the school district of actual residence.
Sincerely,
Form 2
Students
Nonresident Students
Date:_____________
To: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
Dear __________________:
Enclosed are an affidavit or affidavits and a questionnaire to be completed to show legal residence in the Town of (Name) for the following student/s.
NAME _______________________________________________________________
SCHOOL _____________________________________________________________
GRADE______________________________________________________________
The student/s named may continue in schools pending review of information furnished by you. You will be notified in writing of the administrative decision and, if necessary, the date on which the student/s will be withdrawn from schools. If by ____________________________________________ we do not receive the
(date within 10 days of mailing this letter)
completed affidavits and other information requested, school accommodations will be denied as of that date.
Sincerely,
Enclosures
Form 3
Students
Nonresident Students
Date:__________
To: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
Dear ______________________:
I have reviewed the affidavits and other documentation (if applicable) and concur that the student/s named below meet/s residency requirements established by Connecticut Statutes and Board of Education Policies and may continue in ____________________ Public Schools.
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
We appreciate your cooperation.
Sincerely,
Form 4
Students
Nonresident Students
Date:
To: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
Dear
Effective ___________________________, school accommodations will no longer be provided in the Town
(date within 10 days of this letter)
of _______________________ for the student/s named below:
NAME __________________________ SCHOOL ____________________________ GRADE ____________
The reason for denial of further school attendance is:
____ You have informed us that your child no longer resides in town
____ No written response received to our request for completion of affidavits and/or other documentation
____ Affidavit and/or documentation is not adequate to prove residence in accordance with Connecticut Statutes and Board of Education policy.
You have the following rights when student attendance is denied for reasons of residence:
A. A hearing before the Board of Education. If prior to (Date specified for student/s withdrawal) you request in writing a hearing by the Board of Education, the Board will provide you a hearing within ten (10) days of its receipt of the written request.
B. If you make a timely request for Board hearing, the student/s named may continue in schools pending the outcome of the Board of Education hearing.
C. If you so request, following the Board of Education hearing you will be provided a transcript of the hearing within thirty (30) days of your request.
D. Within twenty (20) days of the Board of Education mailing its finding/s and decision, you may appeal the Board's decision to the State Board of Education.
E. Upon your written request, the student/s may continue in ____________ Public Schools pending the outcome of an appeal to the State Board of Education. (Such written request must be received by the Superintendent of Schools within twenty (20) days of the Board of Education mailing its finding/s and decision to you.)
F. If the decision by the State Board of Education supports a Board of Education denial of student accommodations, you will be liable for a per diem payment of tuition for each day the student/s attended schools. (Currently $____ per day)
Sincerely,
Form 5
Students
Nonresident Students
Date:____________
To: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
Dear ______________________:
Upon receipt of your request for a hearing before the Board of Education on a student residency issue, the Board of Education has scheduled a hearing as outlined in the attachment entitled Board of Education Notice of Hearing.
Sincerely,
Enclosure
Form 6
Students
Nonresident Students
Date:
TO: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
BOARD OF EDUCATION NOTICE OF HEARING
Person/s requesting Hearing:___________________________________________
Name:_____________________________________________________________
Address:___________________________________________________________
Telephone:_________________________________________________________
Date and time of Hearing:_____________________________________________
Place of Hearing:____________________________________________________
Nature of Hearing:___________________________________________________
Determination of student/s residency_____________________________________
Statutes and Regulations involved:
Section 10-186 CGS Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board.
Section 10-187 CGS Appeal from finding of hearing Board
Section 4-177 CGS Contested cases. Notice. Record.
Section 4-178 CGS Evidence in contested cases
Section 4-179 CGS Proposal for decision.
Section 4-180 CGS Final decision to be rendered within ninety days.
A short plain statement of the matters asserted:
Form 7
Students
Nonresident Students
Date:____________
To: Parents, Guardian, Emancipated Minor or Student eighteen (18) years of age or older
Dear _________________________:
Following the recent hearing by the Board of Education on a residency question involving:
NAME_______________________________________________________________________
SCHOOL____________________________________________________________________
GRADE_____________________________________________________________________
the ___________________________________ Board of Education found the following:
____________________________________________________________________________
In accordance with the findings of the ________________ Board of Education, the student/s
named above may continue as a student in _________________________ Public Schools
_______________________must be withdrawn from the ______________________________
Public Schools no later than _____________________________________unless an appeal is filed with the Connecticut State (date within 20 days of mailing this letter) Board of Education prior to that time.
Sincerely,
Regulation approved: 7/11/05