5000 Students

Definition.  A nonresident student is a student who:

resides outside of the school district; or

resides within the school district on a temporary basis; or

resides within the school district on a permanent basis but with pay to the person(s) with whom the student is living; or

resides within the school district for the sole purpose of obtaining school accommodations; or is

a child placed by the Commissioner of Children and Youth Services or by other agencies in a private residential facility.  However, under this circumstance, children may attend local schools with tuition paid by the home district unless special education considerations make attendance in local schools and programs inappropriate.  Children not requiring special education who live in town as a result of placement by a public agency (other than another board of education and except as provided otherwise in this paragraph) are resident students;  those requiring special education may attend local schools (with special education cost reimbursements in accordance with statutes) unless special education considerations make attendance in local schools and programs inappropriate.

Nonresident Attendance Without Tuition.  Upon written parental request, nonresident students may be allowed by the Board of Education to attend district schools without tuition under one or more of the following conditions:

A family moved from the district after January 1st of the school year; however, if parents so request, a child may complete the marking period regardless of when the family moves from town;

A family residing outside of a district has firm plans to move into the school district within the current school year as evidenced by contract to buy, build, rent, or lease;

A twelfth grade student wishes to complete his or her education in the district;

Children reside temporarily within the district because of family changes or children attending local schools residing temporarily outside of the district because of family circumstances.  Approval shall not exceed three (3) calendar months; if subsequent approval is necessary, it shall be considered based upon information available at that time.

Exchange Students.  No tuition is required for foreign (non-U.S.A., green card, or visa) students living within the district under the American Field Service Program or under other programs or circumstances approved by the board.  Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.

Nonresident Attendance With Tuition.  Nonresident students who do not meet one or more criteria under previous sections of this policy, may attend local schools only with tuition payment.  The Board of Education may approve nonresident student attendance with tuition if class size, transportation, and other considerations permit.  Nonresident approval with tuition shall be for one (1) school year or less.  Tuition rates shall be established by the board annually.

Attendance by a nonresident tuition student may be terminated by board of education action, upon recommendation of the superintendent of schools, if the board deems such termination in the best interest of the school district.  An adjustment of tuition on a per diem basis will be made in this instance.

Evidence of Residency. The superintendent of schools or his/her designee may require documentation of family and/or student residency, including affidavits, provided that prior to a request for evidence of residency the parent or guardian, relative or non-relative, emancipated minor, or pupil eighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such student’s may not be entitled to attend school in the district.

Removal of Nonresident Student From District Schools.  If after a careful review of affidavits, registration, or other available evidence, the superintendent of schools or his/her designee believes a student is not entitled to attend local schools, the parent or guardian, the student if an emancipated minor, or a pupil eighteen (18) years of age or older shall be informed in writing that, as of a particular date, the student may no longer attend local schools, and the superintendent shall notify the board of education (if known) where the child should attend school.  If after review district residency is established by the evidence, the parent or guardian, the student if an emancipated minor, or a pupil eighteen (18) years of age or older shall be so informed.

If a student is removed from a district school for residency reasons the superintendent of schools or his/her designee shall: 1) inform the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older of hearing rights before the board of education and that the student(s) may continue in local schools pending a hearing before the board of education if requested in writing by the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older;  2) that upon request, a transcript of the hearing will be provided;  3) that a local board of education decision may be appealed to the State Board and that the student(s) may continue in local schools pending a hearing before the State Board if requested in writing by the parent, guardian, emancipated minor, or pupil eighteen (18) years of age or older;   4) that if the appeal to the State Board of Education is lost, a per diem tuition will be assessed for each day a student attended local schools when not eligible to attend.

Board of Education Hearing.  Upon written request, the board of education shall provide a hearing within ten (10) days after receipt of such request.  If there is a hearing, the board shall make a stenographic record or tape recording of the hearing; shall make a decision on student eligibility to attend local schools within ten (10) days after the hearing;  and shall notify the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of its findings.  Hearings shall be conducted in accordance with the provisions of Sections 4-177 to 4-180 inclusive of Connecticut General Statutes.

The board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board of Education.

Legal Reference:   Connecticut General Statutes

4-176e through 4-185 Uniform Administrative Procedure Act

10-186 Duties of local and regional boards of education re school attendance.  Hearings.  Appeals to state board.  Establishment of hearing board.

10-253 School privileges for students in certain placements…and temporary shelters.