Policy 7132

ATTENDANCE
7132 NON-RESIDENT STUDENTS

The District accepts only those students who are legal residents of the District, except as otherwise provided by law or provided in this policy. Non-residents students are accepted only under the following circumstances:

a) Future Students-Students whose families have signed a contract to buy or build a residence in the District may be enrolled for the semester in which they expect to become residents if they provide bona-fide evidence of their intent; i.e., sales contract, deed, etc. Non-resident tuition will be charged from the time of enrollment until legal residency is established. The Superintendent shall determine the extent of further enrollment, if any, if tuition payments are not timely. 

b)    Former Residents-Any student, other than a high school senior, moving out of Spencerport Central School District following the beginning of the second semester, may request from his/her current principal to complete the current school year in which the move occurred in his or her present school, tuition free.  

c)    Former Residents-Any high school senior moving out of the Spencerport Central School District, following official designation of the student as a senior, may request, with his or her current principal’s recommendation, to complete the senior year in his or her present high school, tuition free.   -    In determining senior student status, the beginning of the school year will be designated as the day following the student's completion of all academic requirements necessary to be enrolled as a senior student.

d) Foreign Exchange-Foreign exchange students participating in a recognized Student Exchange Program may attend District schools without payment of tuition. The District will neither sponsor nor accept for admission students whose permanent residence is outside of the United States who are not participating in a recognized student exchange program.

e) Other-The District has contractual agreements with other school districts or BOCES for the admission of non-resident students into certain programs specifically open to non-resident students in cooperation with such other districts or the BOCES and /or pursuant to Education Law § 2045.  The District may enter into additional agreements for similar such programs from time to time that allow the attendance of non-resident students.  In all such cases, the non-resident students’ tuition is paid by the partner school district or the BOCES.

In the event a non-resident student is permitted to attend the District's schools, the following conditions apply to their enrollment:

a) Placement will be made on a first come, first served basis,
b) The placement will not require any increase in the size of the teaching faculty or other staff members,
c) The placement will not result in class or course sizes exceeding limits established by policy or by contractual obligation,
d) The parents/guardians will assume all responsibility for transportation,
e) The student will at all times be in “good standing” in regards to attendance, behavior, and academics.

Applications

Non-resident families who wish to enroll students in the District must submit a request in writing to the Director of Student Services who will review the application.  The Superintendent, or designee, shall determine whether or not the student(s) will be admitted and also which building the student will attend.  
In making determinations regarding the admittance of non-resident students, the District will not discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, age, disability, or other legally protected category.

Reservation of Claims

Should a material misstatement of fact be made and relied upon by any administrator or the Board in admitting a non-resident student without tuition, the Board will be entitled to recover the cost of instruction for the time the student was not authorized to attend a school in the District from the person who made the misstatement or from the student's parent or person in parental relation.

Tuition Fees

Where applicable, tuition fees are computed according to a formula established by the Commissioner of Education.

Tuition of individual non-resident students will be computed in advance at the time of enrollment. Methods of payment (e.g., monthly) may be arranged in the District Office and approved by the Superintendent. Non-resident student status is contingent upon timely payment of tuition fees as established by the Board.

Legal Residence

Parents who maintain more than one residence, but whose legal residence for the purposes of voting or filing income tax is within the District, are eligible to send their children to District schools. However, school tax payments of non-residents who own assessable property in the District will be deducted from any tuition charges levied against the non-resident. 



Policy References:
Education Law §§ 1709(13) and 3202
8 NYCRR § 174.2

NOTE:  Refer also to
Policy 7130 - Entitlement to Attend -- Age and Residency
Policy 7131 - Education of Students in Temporary Housing



Adopted: 6/22/99
Revised: 9/6/22, 6/6/23

Policy 7132