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POLICY
5118 |
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STUDENTS 5118
No child shall be enrolled in school until the criteria of age and residency are met. The School Safety Department of the Manchester Board of Education shall investigate all questions of residency and age and make a recommendation to the superintendent or his or her designee as to the child's eligibility for school accommodations in Manchester Public Schools. If the child or his or her guardian(s) disagree with the decision of the superintendent, they may appeal to the Manchester Board of Education. The burden of proof in student residency disputes shall be on the party claiming residency (sec. 10-186(b)(1)). For matters regarding the removal from district rolls, refer to policy #5112.4 - Disenrollment. Legal Reference:
Connecticut General Statutes: 10-186 Adopted:
October 10, 1973 STUDENTS 5118
1. For each child 5 years of age and over who reaches age five on or before the first day of January of any school year and up to 21 years of age who is not a high school or a vocational school graduate. 2. For children who have not attained school age and require special education whose degree and type of exceptionality, based on evaluation by the Placement and Planning Team, is such that their educational potential will be irreparably diminished without special education at an early age. B. Any student wishing to enroll in the Manchester Public Schools who is a resident is entitled to a free public school program in the Town of Manchester. The burden of proof in student residency disputes shall be on the party claiming residency. For the purposes of determining "permanent residency" and whether such residency is "provided without pay", the board of education and administration shall consider the following: 1. The child resides full time, typically seven (7) days per week, with parent(s) or legal guardian(s) who is a resident of the Town of Manchester. Parents or guardians of students transferring to the Manchester schools for the first time, or registering for the first time, must submit evidence of Manchester residency on the NEW ENROLLEE VERIFICATION OF RESIDENCE FORM (YSB:1) using such evidence as deed to home, recent rent receipt including landlord's name, address, and phone number, recent utility bills to the address within the district, or deposit receipt for gas, electric, or phone start-up.
a. the residence is to be permanent and full time, typically seven (7) days per week b. the residence is provided to the student without pay to those providing it and not for the sole purpose of obtaining school accommodations provided by the school district. 3. The student is residing in a facility or home as a result of placement by a public agency other than a local or regional board of education except as provided in 10-253(b). 4. An emancipated minor shall submit appropriate court documents regarding the emancipation decree as well as evidence of Manchester residency. 5. The student is an immigrant, regardless of status, residing in Manchester. 6. The
student is living in a temporary shelter in the Town of Manchester and
the school district where the child would otherwise reside cannot be
identified. If the school district can be identified, Manchester Board
of Education must notify the school district where the child would otherwise
reside so that it may determine whether to transport the child to that
district or to pay tuition to Manchester Public Schools. 8. The
student meets the criteria for being considered homeless as contained
in federal and state regulations and the parent requests continued enrollment
in Manchester Public Schools or the child moves in from another LEA
and the parent requests e enrollment in Manchester Public Schools. Manchester,
the LEA where the parent temporarily resides and/or the nexus town determines
transportation and cost. In the event that there is a question as to whether the above requirements have been met, the matter shall be referred by the building principal, or other proper school authority, to the Department of Student Support Services for resolution and the School Safety Office shall investigate and either verify residency of parent or guardian and child or document reasons to deny educational accommodation on the basis of residency. Documentation of residency or non residency shall be written on a Residency Report Form (YSB:3). A copy of each report shall be filed in the offices of the Director of Student Support Services or designee and with the building principal in the cumulative file. A copy of the report shall also be made available to the parents and the persons with whom the child resides in Manchester, and to the student who is 18 or older or emancipated upon request.
II. Procedures for due process hearing upon denial of free accommodations in the Manchester Public Schools. Entitlement to free school accommodations for students applying for enrollment or attending the Manchester Public Schools shall be determined in accordance with state law and Manchester Board of Education policy as set forth in the following procedures. A. In the event the administration seeks denial of admission or disenrollment under any such provisions, the School Safety Office shall conduct an investigation. Upon the approval of and/or consultation with the Superintendent or his or her designee, provide a statement of the basis for a determination of ineligibility, notice of the right to a hearing, and notification to the board under whose jurisdiction the investigator believes the child's schooling belongs. Notice to the child who is over eighteen, or to an emancipated minor, or to a parent or guardian shall be by certified mail, return receipt requested, or service delivered in hand, and shall include a request that said child, parent or guardian notify the board of his or her intention to request a hearing in writing within ten (10) school days of receipt of notice. In the case of a request for a hearing on disenrollment, such notice shall inform the child, parent, or guardian of his or her right to request that the child continue attending Manchester Public Schools pending the hearing. If no such request is received in ten (10) school days, the child will be denied admission or be disenrolled. B. In the event that a hearing is requested, the Board of Education shall conduct a hearing in accordance with section 10-186 of the Connecticut General Statutes, and make a finding within ten (10) days of the hearing. The burden of proof in student residency disputes is on the party claiming residency. C. At such
hearing, the parent, guardian, or other person with whom the child allegedly
resides or the emancipated minor or child over eighteen shall have the
right and choice of representation at their own expense, i.e. at no
cost to Manchester Board of Education; all witnesses may be sworn, and
any oral or documentary evidence may be received, but the board may
exclude irrelevant, immaterial or unduly repetitious evidence. At such
hearing, opportunity shall be afforded all parties to present evidence,
cross-examine witnesses and make argument on all issues involved. A
representative of the board in whose jurisdiction the Manchester Public
Schools believes the child's schooling belongs may attend and participate
to the extent provided by law. D. Any person aggrieved by the finding of the board shall upon request, be provided with a tape recording or a transcript of the hearing, within thirty (30) days after said request, and may take an appeal from the finding to the state board of education. If an appeal to the state board of education is not taken within twenty (20) days of the mailing of the finding to the aggrieved party, the decision of the Manchester Board of Education shall be final. E. For students who are already enrolled in Manchester Public Schools, throughout the pendency of the appeal for disenrollment, the child, on request of his or her parent(s) or guardian, may continue in attendance in Manchester Public Schools. F. Upon the final decision of the State Board of Education hearing board, the Manchester Board of Education shall be subject to the findings and orders of the hearing board. G. Where it is determined that the child was not eligible for free accommodations in Manchester, Manchester may collect reimbursement from the parent or guardian for any assessed costs of said schooling to the extent of its remedies at law or equity, as provided in Conn. Gen. Stat. Section 10-186 (b) (4). III. Nonresident students may be accepted as tuition students in the schools under the following conditions: A. Space is available in an appropriate program. B. Payment of tuition that is set by the Board. C. Transportation will not be provided if the student lives outside the district. D. Admission is probationary, subject to periodic review and must be approved annually. Such students are required to follow all school rules and are subject to disciplinary action in accordance with Manchester Board of Education Policy 5144 and Connecticut General Statute 10-233c and 10-233d. Should a student be expelled by the Board of Education, tuition paid shall be refunded on a proportionate basis and the student shall be disenrolled. E. At the sole discretion of the Manchester Board of Education, students who are residents of nations other than the United States may be admitted without payment of tuition under recognized foreign student exchange programs in which students are accepted on an equivalent basis in foreign countries. 1. Students holding a valid J-1 visa, which is a student exchange visa, who are residing with a host family in Manchester, may be admitted at the discretion of Manchester Board of Education. 2. The student entering the country with a valid F-1 or M-1 visa from Immigration and Naturalization Services may be admitted at the discretion of Manchester Board of Education if INS requirements are also met. Students with an F-1 Student Visa or an M-1 Vocational Training Visa must have documents from INS before they may attend school. F. A tuition rate of one third (1/3) of the full tuition rate will be charged for attendance at Manchester High School under the following circumstances: 1. the student has begun the junior year (11th grade defined as having at least 9.0 credits as a resident student) 2. the student has been in the Manchester Public Schools continuously since at least the seventh (7th) grade 3. enrollment is in courses on a "space available" basis 4. transportation is the responsibility of the student and/or his or her parent(s) or guardian 5. the student continues to live with his or her parent(s) or legal guardian. G. No other nonresident students will be admitted without tuition with the exception that students entering or in their senior year at Manchester High School will be permitted to complete their high school education without charge and children of Manchester Board of Education employees will be accepted at any grade level at an annual tuition rate set by the Superintendent. Students, who are already enrolled, will be charged an additional $100 per year until they reach that tuition rate. A senior is defined as a student who has successfully completed 14.5 credits. Recommendations
of the Superintendent shall be based on the Principals
shall not permit out-of-district pupils to enroll or attend classes
until approved by the Parents desiring out-of-district attendance permits for their children shall make written application to the office of the Superintendent. Forms regarding enrollment eligibility and residency, including sample letters, are available through the Department of Student Support Services.
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©2006
Manchester, CT - Board of Education
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