2020                      7130

Students

 

SUBJECT:    ENTITLEMENT TO ATTEND — AGE AND RESIDENCY

All persons residing within the District who are between the ages of five years and 21 years and who have not received a high school diploma are entitled to enroll in the District.

A student who becomes six years of age on or before the first of December in any school year will be required to attend full-time instruction from the first day that the District schools are in session in September of that school year. A student who becomes six years of age after the first of December in any school year will be required to attend full-time instruction from the first day of session in the following September. Each student will be required to remain in attendance until the last day of session in the school year in which the student becomes 16 years of age.

Evidence of a prospective student’s age and residency must be presented in the form as is permitted by state and federal law and regulation.

Determination of Student Residency

Residence is established by a child’s physical presence as an inhabitant within the District and his or her intent to reside in the District.

 A child’s residence is presumed to be that of his or her parents or legal guardians. Where a child’s parents live apart, the child can have only one legal residence. In cases where parents have joint custody, the child’s time is essentially divided between two households, and both parents assume responsibility for the child, the decision regarding the child’s residency lies ultimately with the family. Where parents claim joint custody, but do not produce proof of the child’s time being divided between both households, residency will be determined on the basis of the child’s physical presence and intent to remain within the District.

 The presumption that a child resides with his or her parents or legal guardians may be rebutted upon demonstration that custody of the child has been totally and permanently transferred to another individual. The District will not acknowledge living arrangements with persons other than a child’s parents or legal guardians which are made for the sole purpose of taking advantage of the District’s schools.

The presumption that a child resides with his or her parents or legal guardians may also be rebutted upon demonstration that the child is an emancipated minor. To establish emancipation, a minor may submit documentation of his or her means of support, proof of residency, and an explanation of the circumstances surrounding the student’s emancipation, including a description of the student’s relationship with his or her parents or persons in parental relationship.

Undocumented Children

Undocumented children are entitled to attend the District’s schools, provided they meet the age and residency requirements established by state law. Consequently, the District will not request on any enrollment or registration form, in any meeting, or in any other form of communication, any documentation or information regarding or tending to reveal the immigration status of a child, a child’s parent(s), or the person(s) in parental relation. In the event the District is required to collect certain data, it will do so after the child has been enrolled or registered; in no instance will the information be required as a condition of enrollment or continued attendance.

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. The District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.

 

• Family Educational Rights and Privacy Act, 20 USC § 1232g
• Education Law §§ 310, 906, 3202, 3205, 3214, and 3218
• Family Court Act § 657
• 8 NYCRR § 100.2(x) and (y)

NOTE:      Refer also to Policies

• #7131 — Education of Students in Temporary Housing
• #7132 — Non-Resident Students

Adopted:  8/24/11
Revised:  10/24/17; 9/22/20