Policy Information | |
Series Regulations - Regulations | |
RESIDENCY AND ENROLLMENT Policy # 7130R |
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Student Registration and Enrollment
When a child's parent, the person in parental relation to the child, or the child, as appropriate, requests enrollment of the child in the District, the child will be enrolled and will begin attendance on the next school day, or as soon as practicable unless the District makes a determination of non-residency.
Within three business days of
1) The parent, the person in parental relation to the child, or the child, as appropriate, must submit documentation or information in support of the child's residency in the District.
2) The Board or its designee must review the submitted documentation or information and make a residency decision.
If the documentation or information is submitted on the third business day after initial enrollment, the District may make its residency determination on the next business day.
Proof of Student Age
Where a certified transcript of a birth certificate or record of baptism (including a certified transcript of a foreign birth certificate or record of baptism) giving the date of birth is available, no other form of evidence will be used to determine a child's age. Where a birth certificate or record of baptism is not available, a passport (including a foreign passport) may be used to determine a child's age. Should none of these be available, the District will consider certain other documentary or recorded evidence in existence two
1) Official driver's license;
2) State or other government-issued identification;
3) School photo identification with date of birth;
4) Consulate identification card;
5) Hospital or health records;
6) Military dependent identification card;
7) Documents issued by federal, state or local agencies (e.g., local social service agency, Federal Office of Refugee Resettlement);
8) Court orders or other court-issued documents;
9) Native American tribal document; or
10) Records from non-profit international aid agencies and voluntary agencies.
Proof of age may not be shown through an affidavit. The District may request verification of foreign documents from the issuing foreign government or agency in accordance with the Family Educational Rights and Privacy Act (FERPA). Enrollment cannot be delayed beyond the three or four-day initial enrollment period pending verification.
Proof of Student Residency
The District may require that the
1) A copy of a residential lease or proof of ownership of a house or condominium, such as a deed or mortgage statement;
2) A statement by a third-party landlord, owner or tenant from whom the parent or person in parental relation leases or with whom they share property within the District;
3) A statement by a third party establishing the parent's or person in parental relation's physical presence in the District;
4) Pay stub;
5) Income tax form;
6) Utility or other bills;
7) Membership documents (e.g., library cards) based upon residency;
8) Voter registration document(s);
9) Official driver's license, learner's permit, or non-driver identification;
10) State or other government-issued identification;
11) Documents issued by federal, state, or local agencies (e.g., local social service agency, federal Office of Refugee Resettlement);
12) Evidence of custody of the child, including but not limited to judicial custody orders or guardianship papers
13) Other documents or information establishing physical presence in the District.
Further, the District may accept an affidavit from the parent or person in parental relation that states:
1) They are the parent with whom the child lawfully resides; or
2) They are the person in parental relation to the child, over whom they have total and permanent custody and control, and describing how they obtained total and permanent custody and control, whether through guardianship or otherwise.
The District may also accept other proof, such as documentation indicating that the child resides with a sponsor with whom the child has been placed by a federal agency. The District may not require submission of a judicial custody order or an order of guardianship as a condition of enrollment.
The District will not request on any enrollment
Nothing in this administrative regulation or its underlying policy should be construed to require the immediate attendance of an enrolled student lawfully excluded from school due to:
1) A communicable or infectious disease that poses a significant risk of infection of others
2) The absence proof of immunization within the periods prescribed by New York Public Health Law Section 2164;
3) Orders issued by a state or local health department; or
Students
4) Suspension
Moreover, nothing in this policy should be construed to conflict or interfere with the recordkeeping and reporting requirements of the federal Student and Exchange Visitor Program (SEVP) in grades 9 through 12, or to relieve nonimmigrant alien students seeking nonimmigrant student visa status (F-1 or M-1) from fulfilling their obligations under federal law and regulation.
Residency Determination
At any time during the school year, the Board or its designee may determine that a child is not a District resident entitled to attend the District's schools. Within two business days of a non-residency determination, the Board or its designee will provide written notice of the determination to the child's parent, to the person in parental relation to the child, or to the child, as appropriate. The written notice will state:
1) That the child is not entitled to attend the public schools of the District;
2) The specific bas
3) The date as of which the child will be excluded from the schools of the District; and
4) That the determination may be appealed within thirty days to the Commissioner of Education
If a school official other than the Board or its designee makes the residency determination, the notification will include procedures to obtain review of the decision within the District.
Public Availability of Enrollment and Registration Information
The District will make publicly available its enrollment forms, procedures, instructions, and requirements for determinations of student residency and age. This information will include a non-exhaustive list of the forms of documentation that may be submitted to the District by parents, persons in parental relation or children, as appropriate. The information will be included in the District's existing enrollment/registration materials and will be provided to all parents, persons in parental relation, or children, as appropriate, who request enrollment in the District, and will be posted on the District's website.
Family Educational Rights and Privacy Act (20 USC § 1232g)
Education Law §§ 310, 906, 3202, 3205, 3214, and 3218
Family Court Act § 657
Public Health Law § 2164
8 NYCRR § 100.2(x) and (y)
Regulations - Regulations |