File: JEC-R
ADMISSION OF NON-RESIDENT STUDENTS
AND
SCHOOL ATTENDANCE AREAS
A.
Criteria. It is the policy and practice of the Rockingham County School Board ("School
Board") to conditionally accept non-resident students upon the special permission of the Division
Superintendent and the School Board. For purposes of this regulation, a non-resident student is
one who does not satisfy the requirements of Virginia Code Section 22.1-3 for free attendance.
As contemplated by the Code of Virginia, tuition shall be charged and non-resident students shall
be admitted upon review of and accepted within the following criteria:
1.
A written application must be submitted to the Division Superintendent or
designee in such form as prescribed by the Division Superintendent or designee, including
complete student disciplinary history, made and signed under oath by the primary custodial
parent or guardian of the non-resident student.
2.
Any admission of a non-resident student shall be on the condition that
such student shall attend the school within the Rockingham County Public Schools Division
("School Division") that is closest to the residence of the primary custodial parent or guardian.
In the event that such school has been identified as being at full capacity, as described in
Paragraph (A)(3) below, the Division Superintendent may designate one or more other schools at
which the non-resident student may be admitted.
3.
The admission of a non-resident student shall not impact the individual
school enrollment in such a manner as to cause or contribute to overcrowding or require
additional teachers or staff and/or classes or courses to be added in the school. Under any and all
circumstances, a non-resident student shall not be admitted to a school previously identified by
the Division Superintendent or designee as being at full capacity for the upcoming or current
Rockingham County Public Schools (“RCPS”) school year.
4.
A non-resident student who has been expelled or long-term suspended
shall not be considered for admission until the earliest time when the school board or school
taking such action would have reinstated such student.
5.
Any admission of a non-resident student shall also be on the condition that
the student accepts and shall be subject generally to the policies and regulations of the School
Board and the rules of the school attended; except, to the fullest extent permitted by law, the
student and the primary custodial parent or guardian shall be deemed to have waived any right to
notice and an opportunity to be heard concerning any violation involving the student’s
misconduct.
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ROCKINGHAM COUNTY SCHOOL BOARD
6.
Any admission of a non-resident student shall further be on the condition
that school administrators have the right to remove any non-resident student who violates either
School Board or individual school regulations from school enrollment.
B.
Duration. The admission of non-resident students shall be only for the duration of the
upcoming or current RCPS school year. A non-resident student and the primary custodial parent
or guardian shall reapply to the Division Superintendent or designee annually for each RCPS
school year that such non-resident student desires to attend.
C.
Tuition. Non-resident students shall be charged tuition in the amount established by the
School Board for the entire school year, even if attendance is for less than the school year. Such
tuition shall be paid in full by the non-resident student, in current funds, and shall be received by
the School Division prior to the admission of the non-resident student. There shall be no
exceptions to this required payment of tuition, except as expressly stated in this regulation and as
expressly provided in Virginia Code Section 22.1-3 and RCPS Policy JEC (e.g., students whose
primary custodial parent is deployed outside the United States, homeless students, and students
placed in foster care). The amount of tuition paid by non-resident students does not include
other fees and costs that may be charged by the school and/or School Division to all students;
examples of such fees and costs include without limitation instructional fees, field trip costs, and
parking permits. Under any and all circumstances, the tuition payments received by the School
Division pursuant to this regulation shall be nonrefundable and non-proratable. The following
non-resident students shall be excused from paying tuition:
1.
Foreign Exchange Students. Students attending RCPS under a foreign
exchange program approved by the School Board shall be admitted without the payment of
tuition.
2.
Students with a Change in Residency. A student who begins the school
year as a bona fide resident of the School Division but whose residency changes during the
course of the school year shall be allowed to complete only the current semester without paying
tuition.
3.
Children of RCPS Employees. Full-time, regular employees of the School
Board, whether such employee is a non-resident or resident of the School Division, may enroll
their children in the School Division free of tuition, except as provided in Section D below.
The above referenced non-resident students shall only be excused from the payment of tuition.
The remaining, otherwise applicable, terms and conditions set forth in this regulation shall apply
to such students.
D.
Special Education.
1.
A non-resident employee’s or other non-resident parent or guardian's
proposed registration of a child with disabilities does not create a legal obligation for the School
Board to provide the child with a free appropriate public education ("FAPE") under federal or
Virginia law.
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ROCKINGHAM COUNTY SCHOOL BOARD
2.
In the event that a non-resident disabled student is admitted to the School
Division, the resident school division shall be solely responsible for the necessary and reasonable
expenses incurred by the School Board in providing the student with educational services,
beyond any state and federal funds paid to the School Board for resident students. The resident
school division shall be responsible for such expenses under any and all circumstances, including
whether the non-resident disabled student sought admission to the School Division because the
resident school division determined that it cannot provide FAPE or that it has no appropriate
placement, the resident school division declined to provide the parent’s or guardian’s preferred
education program under an Individualized Education Plan ("IEP") or plan made pursuant to
Section 504 of the Rehabilitation Act of 1973 ("504 Plan") for the student, or the resident school
division agreed to an alternative placement pursuant to the IEP or 504 Plan for the student.
3.
For non-resident students with disabilities to be enrolled in the School
Division, whether or not the child of a School Board employee, there must be a prior written
School Division agreement with the resident school division for payment of tuition and all costs,
including but not limited to those for all related services. The Division Superintendent or
designee shall make the decision on an application for enrollment of a non-resident disabled
student after consulting with the Director of Pupil Personnel Services.
E.
Elementary School Students. Primary custodial parents or guardians who are residents
of the School Division seeking for their elementary child to attend school in another attendance
area within the School Division must apply annually in writing to the Division Superintendent or
designee. Middle and high school students shall attend middle and high school in the attendance
area where they reside absent extraordinary circumstances beyond the control or result of action
of such parent or guardian.
F.
Transportation. All transportation to and from school and any school-related activities
must be provided by the parent or guardian of non-resident students. RCPS buses will not pick
up or discharge pupils outside of Rockingham County or home attendance area without the prior
approval of the Director of Transportation.
Adopted:
________________________________________________________________________
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Legal Ref.:
Cross Ref.:
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Va. Const. art. VIII, § 7; Code of Virginia, 1950, as amended, §§§ 22.1-3, 22.1-5,
22.1-78; 1982-83 Va. Op. Atty. Gen. 422
JECA Admission of Homeless Children
JECC Admission of Foreign Exchange Students
ROCKINGHAM COUNTY SCHOOL BOARD