Student Age and Residency
7000 - Students
7130 ENTITLEMENT TO ATTEND -- AGE AND RESIDENCY
Entitlement to Attend
All persons residing within the District who are between the ages of five (5) years and twenty-one (21) years and who have not obtained a high school diploma are entitled to enroll in the District.
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 September 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 September. Each 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.
Evidence of a prospective student's age and residency must be presented in such form as is permitted by state and federal law and regulation.
Determination of Student Residency
"Residence," for purposes of this policy, is established by a child's physical presence as an inhabitant within the District and his/her intent to reside in the District.
A child's residence is presumed to be that of his/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 equally between two (2) 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/her parents or legal guardians may be rebutted upon demonstration that custody of such 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.
If a child claims to be an emancipated minor in the District, a determination as to whether such student qualifies for this designation will be based upon evidence that the student is no longer under the custody, control and support of his/her parents/persons in parental relation.
Notwithstanding the foregoing, all determinations of student residency will be made consistent with applicable state and federal laws and regulations.
The District is mindful that undocumented children are entitled to attend the District's schools, provided they meet the age and residency requirements established by state law. Consequently, for the purposes of registration, the District will not request or require on any enrollment or registration form, in any meeting, or in any other form of communication, any documentation and/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 such information,(e.g., to comply with the provisions of the Patriot Act, guidance established by ICE and/or other federal agencies; to determine cost calculations for schools registered with the Student and Exchange Visitor Program- SEVP and SEVIS; or to comply with federal and state data reporting requirements) the District will do so after the child has been enrolled. In no instance will such 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. However, the District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.
Determinations regarding whether a child is entitled to attend the District's schools as a homeless child or youth will be made in accordance with Section 100.2(x) of the Commissioner's Regulations, as well as applicable District policy and regulation.
Education Law Sections 3202, 3205 and 3218
Family Court Act Section 657
8 NYCRR Sections 100.2(x) and (y)
Policy Cross References:
- 7131 - EDUCATION OF HOMELESS CHILDREN AND YOUTH
- 7132 - NON-RESIDENT STUDENTS