SUBJECT: ENTITLEMENT TO ATTEND - AGE AND RESIDENCY

  • 2010 7130

    Students

    SUBJECT: ENTITLEMENT TO ATTEND - AGE AND RESIDENCY

    Ages of Attendance/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 September of such school year, and a student who becomes six (6) years of age after the first of December in any school year sha11 be required to attend full-time instruction from the first day of session in the following September. 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, in accordance with Education Law Section 3205(3), the Board of Education in any school district shall have the power to require minors from sixteen (16) to seventeen (17) years of age who are not employed to attend full-time instruction until the end of the school year in which the student turns seventeen (17) years of age.

    All persons dwelling within the District who are between the ages of five (5) years and twenty­ one (21) years and who have not received a high school diploma shall be entitled to enroll in the District.

    Undocumented children are no different than U.S. citizen children, have the right to attend school full-time as long as they meet the age and residency requirements established by state law.

    Proof of Age

    The State Education Department  does  not  require  districts  to  collect  students' social security numbers for any purpose. While school districts may need to collect certain data pursuant to State and/or federal laws, they should do so after a student has enrolled in school so as not to inadvertently give  the   impression   that  information   related  to  immigration status will be  used in  making registration/enrollment determinations.

    In accordance with Education Law, where a birth certificate or record of baptism is not available, a passport (including foreign passport) may be used to determine a child's age for purposes of enrollment/registration in school. Should none of these be available, the District may consider certain other documentary or recorded evidence to determine a child's age.

    The following are examples of documentation that may be used to establish a student1s age. This list is not intended to be exhaustive, nor is it a list of required documentation.

    1. School photo ID with date of birth;
    2. Hospital or health records;
    3. State or other government-issued ID;
    4. Military dependent ID card;
    5. Native American Tribal document;
    6. Record(s) from non-profit international aid agencies and voluntary agencies (VOLAGs);
    7. Consulate identification card; and
    8. Official driver's license.

    Determination of Student Residency

    The residence of children dwe11ing within the District boundaries sha11 be established in a manner consistent with State Law and the Regulations of the Commissioner. The Board of Education or its designee shall determine whether a child is entitled to attend a District school. Any adverse residency decision by a school official shall include written notice to the parent/person in parental relation of the procedures for obtaining review of the decision within the District.

    A child's residence is presumed to be that of his/her parents or legal guardians. However, the District may encounter students, particularly from other countriest who reside with persons other than their parents or legal guardians. In order to determine residency in these cases, the District may request information regarding such students custody to establish residency and to ensure the health, safety and welfare of the chi1d.

    Children Living With Noncustodial Parents

    A child's residence is usually detennined  by the residence of the custodial  parent. However, a noncustodial 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 noncustodial parent.

    Homeless Children

    The parent/person in parental relation to a homeless child; or the homeless child. together with the homeless liaison designated by the School District in the case of an unaccompanied youth; or the director of a residential program for runaway and homeless youth established pursuant to Executive Law ArticJe I9-H, in consultation with the homeless child, where such homeless child is living in such program, may designate either the schoo1 district of current location. the school district of origint or a school district participating in a regional placement plan as the district the homeless child shall attend.

    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.

    Emancipated Minors

    A determination of whether a student is to be designated as an emancipated minor in the Base School District will be based on evidence that the student is no longer under custody, control and support of his/her parents/persons in parental relation. To establish emancipation, a minor may submit documentation of his/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/her parents/persons in parental relation.

    These statements are renewable each school year. If at any time the above information is changed without prompt notification or proven to be false, the parent/person in parental relation and/or student may be subject to legal action.

    Children Living With Persons Not Their Parents - Guardianship or Custody

    In accordance with the Family Court Act and Domestic Relations Law, a person  possessing  a lawful order of guardianship or custody of a minor child who is not the parent of such chi1d may enroll the child in public school in the school district where he/she and the child reside.

    Therefore, upon application for enrollment by the guardian or custodian, the District shall enroll such a child for such time as the child resides with the guardian or custodian in the District upon verification that the guardian or custodian possess a lawful order of guardianship or custody for the child and that the guardian or custodian and the child properly reside in the same household within the District.

    McKinney-Vento Homeless Education Assistance Act, Section 722, as reauthorized by the No Child Left Behind Act of 2001

    Domestic Relations Law Section 74

    Education Law Sections 2045, 3202, 3205, 3209, 3212(4), and 3218(l)(b), 3218(1)(d)

    Family Court Act Section 657

    8 New York Code of Rules and Regulations {NYCRR) Sections I00.2(x) and (y)

    NOTE:     Refer also to Policy #7131 -- Education of Homeless Chi1dren and Youth Adopted: 5/8/l0

    Revised: 2/14/11