5118 - Nonresident or Tuition Students

Definition

A nonresident student is a student who:

1. resides outside of the school district; or
    
2. resides within the school district on a temporary basis; or
    
3. resides within the school district on a permanent basis but with pay to the person(s) with whom the student is living; or
    
4. resides within the school district for the sole purpose of obtaining school accommodations; or is
    
5. 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.

Request for admission to enroll as a tuition student, or for a tuition waiver when residency of the student, parents, or guardians is not in Newtown, may be granted upon application to the Board of Education. The enrollment of such student may be subject to the payment of tuition as determined annually by the Board of Education, ordinarily at the July or August business meeting.

Tuition Exceptions

1. For a family who will become residents of Newtown and are in transition, the tuition may be waived by the Superintendent for the first month of school attendance.
    
2. For a family who has a signed bona fide construction contract for a new home in Newtown, the Superintendent may grant an initial tuition waiver for 60 calendar days and can extend this waiver, not to exceed an additional 60 calendar days.
    
3. For a family who has children attending Newtown schools and then establishes residency in another community, the Superintendent shall establish a pro rata tuition rate to be payable from the date of the new community residency to the date when the children are withdrawn or transferred to the new community
    
4. For a family who moves from Newtown after May 1, the Superintendent will grant a tuition waiver for May and June.
    
5. For a family who moves from Newtown prior to July 1 of their child’s junior year, the Superintendent will establish a pro-rata tuition rate for the remainder of the school year. For a family who moves from Newtown after their child’s junior year, the Superintendent will grant a tuition waiver for the remainder of that school year.
    
6. For a family who experiences divorce and one of the parents maintains a Newtown residency, the Superintendent will grant a tuition waiver if the student lives with the nonresident parent.
    
7. Requests for special extensions or exemptions of tuition waivers will be considered on an individual basis by the Board of Education.

Transportation

When a non-resident student is granted permission to attend the Newtown Public Schools either on a tuition or tuition exemption basis, the family assumes responsibility for transportation.

Foreign Exchange Students

Students from foreign countries whose residence in Newtown is sponsored by a local service club, the American Field Service, Cultural Homestay International or by other district approved exchange programs may be enrolled in the appropriate school for not more than one year without the payment of tuition upon application to and approval of the school Principal.

Nonresident Students

Students from outside Newtown who plan to reside with a Newtown resident may be considered for enrollment, by application to the Board of Education, on a non-tuition basis if it can be demonstrated that:

1. The student has not already graduated from the equivalent of a high school elsewhere.
    
2. The student is not seeking to avoid school enrollment in the school system where legal residence is maintained.
    
3. The student’s enrollment does not cause a class to exceed class size limitations as established in the teacher’s bargaining unit agreement.

The parents or guardians of the student, and the Newtown resident with whom the student will reside, must complete and file the appropriate forms, which declare that both parties acknowledge the full legal responsibility of this decision and comply with stipulations as defined in Connecticut General Statute 10-253(d).

Children of Staff Not Living in Newtown

Full-time staff who reside outside of Newtown and wish their children to attend the Newtown schools may apply to the Superintendent of Schools for assignment to an elementary school, the intermediate school, the middle school, or the high school. The acceptance of tuition students of full-time staff will be conditioned on the impact of increased tuition students on desirable class size and available support services for students. 

Tuition for children of full-time non-resident staff members will be at an annual rate of 25% of the regular yearly tuition established by the Board of Education. Staff enrolling more than one child in the District in a school year will pay a reduced rate of 15% of the regular yearly tuition for each additional child.

Continuation of a child as a tuition student will not be contingent on class size constraints as long as the parent remains a member of the full-time staff.

An increased tuition rate for students needing special services will be set by the Superintendent on a case-by-case basis.

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 student eighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such student may not be entitled to attend school in the district. An affidavit may require a statement or
statements with documentation that there is bona fide student residence in the district, that the residence is intended to be permanent, that it is provided without pay, and that it is not for the sole purpose of obtaining school accommodations.

Removal of Nonresident Student From District Schools

If after a careful review of affidavits and 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 student 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 student 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 student 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 student 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 student 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

Policy adopted:    August 14, 2018       
Policy revised:     February 6, 2019 

NEWTOWN PUBLIC SCHOOLS
Newtown, Connecticut