5150.1R - ADMISSION OF RESIDENT STUDENTS REGULATION

5000 - STUDENTS

Last Updated Date: 12/18/2014

Revisions History: 12/18/14, 06/13/1996

Related Policies & Documents: 5150,  5150R, 5150.1,  5151, 5151R,  5151R, 5152, 5152.1, 5152.1R

 I.  Verification of Residency – Registration

To demonstrate residency, at least one of the following forms of proof must be submitted to the Office of the Central Registrar:  

1. Current receipt for rent;
2. Property title;
3. Property mortgage; or
4. Property lease agreement that is in effect during the school year for which enrollment is requested.  

Also required to demonstrate residency are at least three of the following documents that demonstrate service to the District residence:  

1. Current electric bill;
2. Current landline telephone bill;
3. Current water utility bill;
4. Current gas or oil utility bill;
5. Current bank statement; and/or
6. Current television cable or internet bill.  

The District may accept other sufficient proof of residency in accordance with all applicable Commissioner’s Regulations in order to be flexible in making residency determinations when individuals cannot provide standard proofs of residency.

The District reserves the right to conduct residency investigations at any time, to engage the services of private investigators, and to make both announced and unannounced home visits in order to verify whether students actually reside within the District. The District also reserves the right to have its school attorney assess the authenticity and adequacy of any evidence that is submitted as proof of residency.

Uncertainty as to whether a residence is within the geographical boundaries of the District or a particular elementary school attendance zone shall be referred to the Office of the Central Registrar for clarification.

II.  Written Notice of Non-residency Determinations 

In the event that the Superintendent of Schools determines that a child is not entitled to attend public school in the District, the Superintendent of Schools shall, within two business days, provide written notice of such determination to the parent, person in parental relation or the child (as appropriate). The notice shall state:

1. That the child is not entitled to attend the public schools of the district;
2. The specific basis for the determination that the child is not a resident of the school district, including but not limited to a description of the documentary or other evidence upon which such determination is based;
3. The date as of which the child will be excluded from the district; and
4. That the determination of the board may be appealed to the Commissioner of Education, in accordance with Education Law, section 310, within 30 days of the date of the determination, and that the instructions, forms and procedures for taking such an appeal, including translated versions of such instructions, forms and procedures, may be obtained from the Office of Counsel at www.counsel.nysed.gov, or by mail addressed to the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234 or by calling the Appeals Coordinator at (518) 474-8927.

III.  Children in Foster Care

To enroll a nonresident child in foster care, the District must receive sufficient evidence that an individual has been duly appointed to serve as the child’s foster care parent, and sufficient evidence that such foster care parent resides in the District. When a student in foster care is admitted into the District, the Office of the Central Registrar shall notify the District Business Official as soon as practicable in order to facilitate the recovery of tuition from the school district in which the child resided at the time he or she was placed in foster care in accordance with New York State Education Law Section 3202.

Any requests for admission of a nonresident student will be reviewed in accordance with District Policy No. 5152 (“Admission of Non-Resident Students”) and New York State law.