Admission of Non-Resident Students

5152 – Admission of Non-Resident Students

The Board of Education affirms that its primary responsibility is to provide the best possible educational opportunities for the children who are legal district residents and who are of legal age to attend school.

Non-resident students may be admitted to the district's schools by the Superintendent of Schools according to the following guidelines:

This policy is not applicable to homeless students entitled to attend district schools under federal and state law and regulations, who may not be currently residing in the district (see policy 5151, Homeless Children).

Future residents

Future students whose parents/legal guardians have signed a contract to buy or build a residence in the school district may be enrolled during the month in which they expect to become residents. Tuition will be charged at the rate established by the Board of Education under the formula set forth in the Commissioner's Regulations and paid on a monthly basis prior to the first of each month. If, at the end of the month, such residence is occupied by the family, the tuition payment will be returned to parents for the month during which residence is established.

School taxes paid on this property owned within the district, by the parents of a non-resident student who will be a future resident, shall be deducted from the price of tuition for the non-resident student in accordance with the Commissioner's Regulations.

Resident Students Who Move Out of the District

Any student who moves out of the district on or after the beginning of the second semester for grades 7-12, or after

May 1st for students in grades K-6, of any school year may be allowed to finish the year without payment of tuition. Transportation will be the responsibility of the parents.

In the case of 12th grade students who have been continuously enrolled for grades 9, 10, and 11 whose parents move out of the district at any time during the school year, the student may complete grade 12 without payment of tuition. Transportation for non-resident students shall be the responsibility of the parents.

Children of Full-Time Employees

The School District recognizes its primary obligation is to provide a free public education to all school age children who reside within the District. However, the Board understands and appreciates that full-time District employees who do not reside within the District may want their children to attend school in Pawling. Thus, the Board adopts the following policy governing the admission of children of non-resident, full-time District employees.

Where the Superintendent of Schools determines that classroom space is available within the District and the District is able to offer such placement without incurring any additional cost to the taxpayers of the District, it shall be the policy of the Board of Education to admit such non-resident full-time District employees' children to its schools without the payment of tuition. Admission is specifically subject to the following:

1. Nothing in this policy shall authorize the admission or maintenance of a nonresident full-time District employee's child whose admission or maintenance as student in the district requires any additional expenditure to the Board of Education, the hiring of additional staff or a waiver of an existing classroom teacher student ratio, as established by law, board policy, contract, or regulation.

2. Non-resident full-time District employee's children shall be admitted to the extent space is available in existing classrooms and upon a determination that the needs of the students can be met within the District's existing programs. The District's existing programs are defined as those programs which the District sponsors, are conducted "in house" and for which no outside contracts exist.

3. The Superintendent of Schools shall be authorized to admit a non-resident full-time District employee's child upon his or her determination that:

1. The student's educational needs can be met by existing staff;

2. The District can provide all services needed within the District's existing programs, as that term is defined above;

3. Such admission shall not require the expenditure of additional local funds or the hiring of additional staff;

4. The student's admission shall not cause a classroom to exceed student capacity as defined by law, regulation or board policy;

5. The student is determined to be a student in good standing in his or her district of residence (i.e., is not on academic probation or otherwise the subject of any in school/out of school suspensions in the past school year). The student's academic and disciplinary record must accompany the student's request for admission.

d. As a condition of acceptance of a non-resident full-time District employee's child, the parents of such student and the student, as applicable, agree to the following:

1. The parents shall be responsible for arranging the transportation of the student to and from the District and shall provide the District with the name of another adult who shall be responsible for the transportation of the student, if the parent is not available, in the event of early dismissal or unavailability of the parent. Failure to make appropriate arrangements for the transportation of a non-resident full-time District employee's child, including on days requiring early dismissal due to emergency or otherwise, may result in the student's dismissal.

2. The student shall be subject to the same rules governing student attendance and student discipline as resident students and shall be required to comply with the same rules. Any violations of school rules, including, but not limited to, excessive tardiness, truancy or other infractions that would result in an in school or out of school suspension of a resident student from school, may constitute a basis for the student's immediate dismissal.

e.  A non-resident full-time District employee's child may lose their privilege to attend school within the District if they fail to follow school rules, policies and procedures related to attendance, grades and/or discipline.

1. Prior to such dismissal, the District shall provide the parent with written notice of the basis for its determination and shall notify the parent of the right to request an informal conference with the Superintendent of Schools, which shall provide an opportunity for the parent and student to respond to the District's concerns and present any rebuttal.

2. The decision of the Superintendent shall be final, except a parent may appeal such decision to the Board of Education within 30 days of such determination upon written notice with a statement of the reasons for such appeal.

3. A non-resident full-time District employee's child dismissed for attendance, grades or disciplinary reasons pursuant to this policy shall not be readmitted under this policy.

f.  Extracurricular Activities - To the extent otherwise eligible, all non-resident full-time District employee's children admitted pursuant to this policy shall be allowed to participate in all activities/ sporting opportunities to the same extent as resident students of the District, except that the parents of such students shall be responsible for their transportation from any after school activities to their home.

g. Modification of Policy - This policy is subject to modification, in whole or in part, with or without prior notice, at the sole discretion of the Board of Education and nothing in this Policy should be read to create a reasonable expectation by any party that this Policy shall remain in force and effect, altered or unaltered, for any specified or unspecified period of time.    

Dissemination of Policy

A copy of this policy shall be provided to any parent, guardian, or family member who receives a non-resident tuition application. No application for admission of a non-resident student shall be considered until the parent or guardian of such student has provided the district with a written affirmation setting forth the following:

• The parent/guardian has read Policy 5152

• The information in the application is accurate to the best of the parent’s/guardians’ knowledge;

• The parent/guardian has set forth the students’ program needs and/or required services to the best of the parent’s/guardian’s ability; and

• The parent/guardian understands that the student will be considered for admission based on the understanding that such admission will not result in additional costs to the district taxpayers.

• The parent or guardian understands that admission maybe revoked at any time during or prior to the school year subject to the needs of the District

• Any person or persons, who willfully provide false information regarding residency, will be subject to criminal penalties.  If it is determined that a registrant’s child resides outside the boundaries of the Pawling Central School District, the student(s) shall be removed from school and the District will take legal action to collect past tuition charges and associated costs.  The District reserves the right to investigate any student’s residency by any legal means available, including, but not limited to public records, site visits and other lawful methods of investigation. 

Adoption date: April 5, 2021

Revised March 18, 2021