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