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NORTH ARLINGTON BOARD OF EDUCATION
North Arlington, New Jersey
Board Approved 12/17/07
POLICY # 5118 Rev. 1
File Code: 5118
Page 1 of 6
NONRESIDENTS TUITION
The board shall operate the schools of this district for the benefit of all children resident in the
district and such others as may be admitted, pursuant to statute and policy of the board. The
board reserves the right to verify the residency of any pupil and the validity of any affidavit of
guardianship. Documentation required to prove eligibility to attend the schools of this district
shall be in accordance with Policy 5112 Admission and the administrative code.
I.
Non-Resident Tuition Enrollment
A.
Except in special contingencies pertaining to the welfare of the community and its
schools or to case of special hardship, the North Arlington Board of Education
may selectively admit non-resident students on a tuition-paying basis, upon
recommendation of the Superintendent, provided there is room in the class to
which they are assigned.
Candidates for admission must complete an application form, submit transcripts
of previous academic and disciplinary records, authorize the release of
standardized test scores and obtain a recommendation from the principal of the
prior school or schools attended. All application documents must be submitted to
the Superintendent or other person as the Superintendent may so designate.
After submitting the foregoing application documents, the candidate and his/her
parent(s) or guardian(s) must appear for a pre-admission interview with the
superintendent or other person as the Superintendent may so designate. The
Board of Education reserves the right to test candidates for admission prior to
acceptance.
Approval of candidates for admission will be selective and given on a case-bycase basis upon consideration of the above application documents and the
Superintendent’s recommendation, placing particular emphasis on the prior
academic achievement of the candidates.
Candidates shall be considered for enrollment without regards to . race, color,
creed, religion, sex, affectional or sexual orientation, national origin, place of
residence in the district, social or economic condition, nonapplicable disability or
because of genetic information or refusal to submit to or make available the
results of a genetic test.
The board of Education reserves the right to refuse enrollment in its sole
discretion and will not enroll a student if to do so would necessitate increasing the
size of the faculty or staff, result in classes containing more than the permitted
number of students, or require the incurrence of new expenditures. Cases of
special hardship will be referred for consideration.
NORTH ARLINGTON BOARD OF EDUCATION
North Arlington, New Jersey
Board Approved 12/17/07
POLICY # 5118 Rev. 1
File Code: 5118
Page 2 of 6
In classes on part-time session, enrollment of non-residents will not be permitted
if such enrollment requires a class size in excess of the desired maximum number
of students.
The Board of Education, upon the recommendation of the Superintendent,
maintains the exclusive right to assign accepted non-resident students to a
particular grade, school, teacher and program placement.
Attendance in the North Arlington Public Schools is to be regarded by enrolled
non-resident pupils as a privilege, rather than a right. As such, the Board reserves
the right to rescind or refuse to renew any such enrollment for any reason it deems
appropriate. Enrolled pupils shall be subject to all the rules and regulations
affecting resident pupils.
Approval of enrollment shall be limited to the school year of enrollment. Reenrollment shall be limited to the school year of re-enrollment. Re-enrollment
shall require Board approval annually.
The non-resident student shall maintain a satisfactory scholastic record, as well as
a satisfactory disciplinary and attendance record. Students who cannot comply
with this requirement may not continue as tuition students in the District.
Non-resident tuition students shall be entitled to the benefits of all District
activities and instructional programs available to resident students.
The Board of Education shall, in its sole discretion, establish the annual tuition of
enrolled non-resident students on an annual basis. The parent(s) or guardian(s) of
an approved candidate must execute, prior to enrollment, a Non-resident Tuition
Agreement, setting forth the terms and conditions of enrollment and payment of
tuition for the period of enrollment. The parent(s) or guardian(s) of each child so
enrolled shall pay the tuition charges established by the Board. No refunds shall
be given where, after an advance payment is made, the student withdraws or
becomes disenrolled, regardless of reason.
Any non-resident student currently enrolled who has a non-resident tuition
agreement with the business office, which is different from the above, will be
grandfathered.
Transportation shall not be provided by the Board of Education for any nonresident pupils enrolled in the North Arlington Public Schools.
B.
Affidavit Students
Any student whose parent(s)/guardian(s) reside outside the District may attend
school within the District on a tuition-free basis only if:
NORTH ARLINGTON BOARD OF EDUCATION
North Arlington, New Jersey
Board Approved 12/17/07
File Code: 5118
Page 3 of 6
1.
The student is kept in the home of a North Arlington resident and
supported by the North Arlington resident gratis as if s/he were the North
Arlington resident’s own child;
2.
The North Arlington resident submits to the Superintendent a sworn
affidavit which provides:
3.
C.
POLICY # 5118 Rev. 1
a.
a statement, and supporting documentation pursuant to Board
Policy No. 5112.1 and/or applicable law, of his/her residence in
North Arlington; and
b.
a statement, and supporting documentation that s/he is supporting
the student gratis, will continue to so support the student for longer
than just the school term and will assume all personal obligations
for the student relative to school requirements; and
The student’s parent(s)/guardian(s) submit a sworn affidavit which
provides:
a.
a statement, and supporting documentation, that the
parent(s)/guardian(s) are not capable of supporting or providing
care for the student; and
b.
a statement, and supporting documentation, that the student is not
residing with the North Arlington resident solely for the purpose of
receiving a tuition-free education in the District’s schools.
4.
The North Arlington resident and the affidavit student’s
parent(s)/guardian(s) must submit such sworn statements prior to the
beginning of each school year of attendance.
5.
Any claim of residence within the District may be verified by the Board of
Education or its agents. Upon instruction, an Attendance Officer shall
visit the claimed resident at such times of day and week as will enable the
officer to make a determination of the child’s actual occupancy of the
residence or domicile claimed.
6.
If the evidence does not support a claim for tuition-free enrollment, the
Board may deny admission to the student. The resident may contest the
Board’s decision pursuant to sections 1(C) below.
If the Superintendent finds that the guardian(s) of a student already admitted, do
not reside in the District, or that the evidence does not support the tuition-free
NORTH ARLINGTON BOARD OF EDUCATION
North Arlington, New Jersey
Board Approved 12/17/07
POLICY # 5118 Rev. 1
File Code: 5118
Page 4 of 6
enrollment of an affidavit student already admitted, s/he may apply to the Board
for removal or transfer of the student from the Districts’ schools.
II.
1.
The parent(s)/guardian(s), or the resident where appropriate, shall be
entitled to prior written notice of such an application and, to a hearing
before the Board to oppose the application. If the Board concludes that
any of the criteria in sections I(B)(1) through (3) above have not been met,
it may order the transfer or removal of the student from school.
2.
The parent(s)/guardian(s) or resident may, pursuant to law, contest the
Board’s decision to remove or transfer the student before the
Commissioner of Education within 21 days of the decision date.
3.
At the time of its decision, the Board shall notify the parent(s)/guardian(s)
or resident in writing of its decision and his/her/their right to contest the
decision within 21 days. No student shall be removed from school during
that 21 day period or during the pendency of any proceeding before the
Commissioner.
4.
If no appeal is taken from the Board’s decision, or if the Commissioner
concludes that the evidence does not support a claim for tuition-free
enrollment, prorated tuition shall be assessed for the period of the
student’s ineligible attendance in the District’s schools. The Board may
pursue all available legal remedies to recover assessed tuition from the
student’s parent(s)/guardian(s), from the student if s/he is an adult and/or
from the North Arlington resident if an affidavit has been executed
pursuant to section I(B)(2) above.
Future Residents
A.
Upon proper application, the children of families who expect to become residents
of the North Arlington School District during a given semester and who have
signed a contract to buy or build a residence in the District, shall be admitted to
school on or after the beginning of the semester during which they expect to
become residents, No tuition will be charged. Proof of residency shall be
submitted, to the extent possible at the time of application, in accordance with the
requirements of Board Policy No, 5112.1 (Admission Policy). At a minimum,
this proof shall include a fully executed, binding contract for the purchase of a
residence within the District. Future residents shall, if necessary, fulfill their
proof of residency requirements subsequent to the submission of their applications
as additional required proofs become available, but in no event later than thirty
(30) days after the original date of closing listed on the contract. Failure to do so
will result in contact by the District attendance officer. Lack of required proofs
may result in tuition charges retroactive to the original date of closing.
NORTH ARLINGTON BOARD OF EDUCATION
North Arlington, New Jersey
Board Approved 12/17/07
B.
III.
POLICY # 5118 Rev. 1
File Code: 5118
Page 5 of 6
The parent(s) or guardian(s) of future resident students must submit written
affirmation that they will provide transportation for these students to ensure
proper attendance.
Former Residents
A.
Regularly enrolled children of former residents shall be permitted to complete any
school year provided that they become non-residents on or after October 15 of
that school year. Children enrolled in grade 11 as of October 15 of any school
year shall be eligible to complete their education in the North Arlington Schools
under the provisions outlined, and shall receive priority over other non-residents,
but those who have attended other schools since becoming non-residents, shall
forfeit such priority. Tuition in all cases will be pro-rated except for those
students who have completed their junior year in North Arlington and who, at the
Board’s option, may complete the senior year tuition-free.
B.
Any child enrolled in the public schools of the District whose residence or
domicile is moved from the District on or after April 1 of any year, may continue
through the last day of school of that year without payment of tuition provided
his/her parents or guardian submits a written request to the Superintendent, in
which they agree to provide for any needed transportation to assure proper
attendance and receives the Board’s approval, upon the recommendation of the
superintendent, for such continuance.
C.
Any student in the eleventh grade who has attended the North Arlington High
School for three immediately prior years, who becomes a non-resident of the
school district on or after April 1 of that year, may be permitted to attend the High
School for the senior year without payment of tuition, provided the parent or
guardian submits a written request to the superintendent, in which they agree to
provide any needed transportation to assure proper attendance, and receives the
Board’s approval, upon the recommendation of the superintendent, for such
continuance.
D.
Any pupil in the twelfth grade at North Arlington High School whose domicile or
residence is moved from the District prior to the close of that year, may be
permitted to continue in enrollment to completion of that school year without
payment of tuition provided, his/her parent or guardian submits a written request
to the Superintendent, in which they agree to provide for any needed
transportation to assure proper attendance, and receives the Board’s approval,
upon the recommendation of the Superintendent, for such continuance.
E.
Failure of the former resident student to graduate at the end of that school year
will be a bar to continued non-resident tuition-free enrollment.
NORTH ARLINGTON BOARD OF EDUCATION
North Arlington, New Jersey
Board Approved 12/17/07
IV.
POLICY # 5118 Rev. 1
File Code: 5118
Page 6 of 6
Homeless Pupils
A.
The district will determine the educational placement of homeless students in
each child’s best interest and respond to appeals concerning them made by
parents/guardians or other parties in accordance with New Jersey statutes and
administrative code, as well as pertinent federal law.
Adopted by the North Arlington Board of Education on January 27, 1997
Revised and adopted by the North Arlington Board of Education on ________________.
Legal References:
N.J.S.A. 18A:46-20
N.J.S.A. 18A:54-20
N.J.A.C. 6A:12-1.3 et seq.
N.J.A.C. 6A:17-1.1 et seq.
N.J.A.C. 6A:23-3.1
N.J.A.C. 6A:23-5.2
N.J.A.C. 6A:23-5.3
N.J.A.C. 6A:28-2.1 et seq.
Receiving pupils from outside district; establishment
of facilities
Powers of board (county vocational schools)
Interdistrict Public School Choice
Students at Risk of Not Receiving a Public Education
Method of determining tuition rates for regular
public schools
Method of determining the district of residence
Address submission for determining the district of
residence
Entitlement to Attend School Based on Domicile or
Residency in District
See particularly:
N.J.A.C. 6A:28-2.3, -2.4,-2.5
Illegal Immigrant and Immigration Responsibility Act of 1997, 8 U.S.C.§ 1101
Board of Education of the Borough of Englewood Cliffs v. Board of Education of the
City of Englewood, 132 NJ 327; cert. denied, 510 U.S. 991 (1993); subsequent listing
333 N.J. Super. (App. Div. 2000)
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.
Cross References:
5112
5118.1
Admissions Policy
Admission of Non-Resident’s Staff Member’s Children
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