Board of Education Policy 5152: Admission of Non-Resident Students

The Niskayuna Central School District does not admit non-resident students on a tuition basis, but does allow some non-resident students to attend district schools under special circumstances on a space available basis as determined by the superintendent.

This policy is designed to maintain continuity of instruction for former and future students throughout a school year without opening the schools for the enrollment of tuition students.

1. Children of non-residents may be enrolled as required by Section 3202 of the Education Law, pursuant to a specific court order establishing legal residence for the student in the school district.

2. Children of residents who move out of the district may complete, on a tuition-free basis, the remainder of the semester during which the move occurs.

3. Children of residents who move out of the district after the completion of the junior year may complete their senior year on a tuition-free basis.

4. In the event of separation or divorce of parents where the child takes up legal residence with a parent whose legal residence is outside of the school district after the beginning of the school year, the child may attend school according to paragraphs 2 and 3 above. Thereafter, the legal residence of the child as determined by the court shall be the determining factor in creating eligibility for enrollment.

5. Children of future residents of the district may enroll provided the parents show evidence of a construction, purchase or rental agreement which guarantees residence within three months of the date of admission. Future residents who fail to occupy the newly constructed or purchased home and thus fail to establish residency shall have an obligation to pay a monthly tuition payment for each month of attendance, beginning with the fourth month of attendance. The tuition shall be computed in accordance with a formula established by the State Education Department, and shall be per family, not per student. In the event that the family does not establish residency within one year of a student’s date of admission, the student shall not be permitted to continue to attend school in the district. Tuition shall be billed on a monthly basis. Failure to pay tuition when due shall result in immediate exclusion of the student.

6. The Superintendent is authorized to present the Board of Education, tuition requests for non-resident students with disabilities based on the Niskayuna School District having an appropriate educational placement not available in the student’s district of residence. Such requests shall have been reviewed by the district Committee on Special Education (CSE) and have an accompanying request for placement from the district of residence. CSE responsibility for each such child’s program remains with the district of residence. This responsibility includes payment for any tuition in excess of that for which the district is reimbursed by the State Education Department.

7. Parents are responsible for transportation of non-resident children who attend district schools pursuant to this policy, except that such children may be transported on existing bus routes when bus capacity is available. Advance notice of a request for transportation shall be submitted to the Director of Transportation. Parents are not responsible for transportation of students attending district programs under paragraph 6 above.

8. Nothing in the preceding paragraphs shall imply an inability to exclude a non-resident student whose conduct would call for suspension from school under school codes of conduct or district policies.

Adopted: Feb. 26, 1996; amended: May 15, 2000; amended: Dec. 20, 2004

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