SUBJECT: ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY
Entitlement to Attend School
A child five years old on or before December 1 is eligible for admission to kindergarten from the first day that District Schools are in session for kindergarten of such school year. The Superintendent or his/her designees are authorized to make exceptions to the entrance date, based on a comprehensive evaluation of the child’s readiness for kindergarten.
Compulsory Attendance Age
According to Education Law, a student who becomes six (6) years of age on or before the first of December in any school year shall be required to attend full-time instruction from the first day that the District schools are in session in of such school year, and a student who becomes six (6) years of age after the first of December in any school year shall be required to attend full-time instruction from the first day of session in the following school year. Except as otherwise provided in Education Law Section 3205(3), a student shall be required to remain in attendance until the last day of session in the school year in which the student becomes sixteen (16) years of age. However, minors from age 16 through 17, who are not employed full-time, shall attend school until the last day of the school year in which they become 17 years of age. [3205(3)]
In this context school year refers to the official school year commencing July 1 each year and ending June 30th of the following year.
Any person dwelling within the District who is between the ages of five (5) years (as defined in “Kindergarten Entrance” above) and under 21years of age and who does not possess a high school diploma shall be entitled to enroll in the District.
Proof of Age
A student’s birth certificate or other satisfactory evidence of age shall be presented at the time of initial registration. The child shall be entered under his/her legal name as stated on said documents.
Admission of children to grades below/above the usual placement based on age, shall involve a consideration of readiness academically, developmentally and socially. Grade placement shall be determined by an ad hoc committee made up of the Assistant Superintendent, the principal of the school to which the child will be assigned, and others determined by the Assistant Superintendent as needed; using a battery of assessments and evaluation protocols. (Please see 7213 Promotion and Retention)
The location of a child’s residence within the school district shall determine the particular school a child shall attend. The attendance zones are authorized by the Board of Education, which has the discretion to make modifications as needed in order to balance enrollments, or for program provisions. In order to balance enrollments, re-assignments to sister schools will be employed when a grade level has been “capped” if at all possible.
The Superintendent or his/her designee may re-assign a student to an appropriate educational setting in another school.
The district does not accept non-resident students on a tuition- paying basis.
Determination of Student Residency
The residence of children dwelling within the District boundaries shall be established in a manner consistent with State Law and the Regulations of the Commissioner. The Superintendent or his/her designee shall determine whether a child is entitled to attend a District school. If it is determined that a child(ren) is not a resident by the superintendent or designee, written notice to the parent/guardian shall include the procedures for obtaining review of the decision by the Commissioner of Education.or Board of Education.
Residency in this context means domicile. It requires one’s physical presence as an inhabitant and the intention to reside within the district. Mere ownership of property within a district does not confer residency status, neither does the mere renting of property or the actual payment of taxes, nor pending home construction in and of itself. A person can have only one legal residence.
(Please see Regulation 7130R)
Reservation of Claims
Should a material misstatement of fact be made and relied upon by any administrator or the Board of Education in admitting a non-resident student, the Board shall be entitled to recover the cost of instruction for the time the student was not authorized to attend a school in the District from the person in parental relation to the student.
Children Living With Non-Custodial Parents
Where a child’s parents live apart, a child can have only one legal school district of residence. A child's residence is usually determined by the residence of the custodial parent. However, a non-custodial parent who resides in the District may enroll his/her child in a District school if he/she shares the day-to-day responsibilities for the child and the custodial parent designates the child's residence with the non-custodial parent.
The child(ren) of families otherwise eligible to attend school, who have signed a contract to buy, build or lease a residence within 90 days, may be registered and begin to attend school. However, to continue to be eligible, parents/guardians must ensure that students arrive at school and are picked up on time and maintain “good standing” both academically and in terms of conduct.
Regularly enrolled students of families who move out of the District during the second semester of the school year may complete that school year. Students who move during the second semester of Grade 11 or either semester of Grade 12 may continue enrollment until the end of Grade 12. In both cases busing will not be provided to an address outside the district and a student may be dropped from the rolls unless he or she:
§ Arrives at school and is picked up on time.
§ Maintains “good standing” both academically and in terms of conduct.
Residents who move within elementary & middle school attendance zones
Regularly enrolled students of families who move within the District but out of the attendance zone for the school in which they currently attend, during the second semester of the school year may complete that school year. Busing will not be provided to an address outside the attendance zone.
Withdrawal of Students
Please refer to Policy 7110, Student Attendance
The parent/person in parental relation to a homeless child; or the homeless child, together with the homeless liaison designated by the District in the case of an unaccompanied youth; or the director of a residential program for runaway and homeless youth established pursuant to Article 19-H of the Executive Law, in consultation with the homeless child, where such homeless child is living in such program, may designate either the school district of current location, the school district of origin, or a school district participating in a regional placement plan as the district the homeless child shall attend. Busing will be provided in such cases (See policy 7131, Education of Homeless Children and youth)
Children of Activated Reserve Military Personnel
Students temporarily residing outside the boundaries of the District, due to relocation necessitated by the call to active military duty of the student's parent or person in parental relation, will be allowed to attend the public school that they attended prior to the relocation. However, the District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.
A student who is living apart from his or her parents, and receiving no financial support in any form from either parent, should be considered an emancipated minor, entitled to attend school in the District without payment of tuition if his/her residence is within District boundaries. Whether or not an adult sharing the residence with the student has assumed responsibility for the student is not relevant to the residency determination. School staff should make an individual evaluation of the facts in each case to determine whether the student should be considered a homeless student, or whether referral to the Department of Social Services is necessary.
Foreign Exchange Students
Only foreign students participating in a recognized Student Exchange Program may attend District schools.
McKinney-Vento Homeless Education Assistance Act,
Section 722, as reauthorized by the No Child Left Behind Act of 2001
Education Law Sections 2045, 3202, 3205, 3209 and 3212(4)
8 New York Code of Rules and Regulations (NYCRR)
Sections 100.2(x) and (y)
Refer to Policy #7131 -- Education of Homeless Children and Youth
Refer to Protocols/Plans/Procedures 7130P
Refer to Form 7130F Student Registration, 7130F.1 Student Residency Questionnaire, 7310F.2 Parent Affidavit, 7130F.3 Resident Affidavit, 7130F.4 Health Summary, 7130F.5 Transfer of Records, 7130F.6 Home Language Questionnaire, 7512F Health Appraisal, 7512F.1 Dental Certificate
Adoption Date: November 13, 2007
Revised: December 9, 2008; April 7, 2009, November 9, 2010