According to Education Law, a student who becomes six years of age on or before the first December in any school year shall be required to attend full-time instruction from the first day that the District schools are in session in September of such school year, and a student who becomes six years of age after the first of December in any school year shall be required to attend full-time instruction from the first day of session in the following September. Except as otherwise provided in Education Laws Section 3205(3), a student shall be required to remain in attendance until the last day of session in the school year in which the student becomes sixteen years of age. In all city school districts, union free and central school district having a population of more than 4,500 inhabitants and employing a Superintendent of Schools, the Board of Education may choose to require students who are not employed to attend full-time instruction until the end of the school year in which the student turns seventeen (17) years of age. The residence of children dwelling within the District boundaries shall be established in a manner consistent with State Law and the Regulations of the commissioner.
All persons dwelling within the District who are between the ages of five (5) and twenty-one (21) years and who have not received a high school diploma shall be entitled to enroll in the District.
In cases where a student's parents are residents of the School District, the student's parents are divorced and the student's time is essentially divided between the two separate households of the student's parents, and the student's parents both assume the day to day responsibility for the student, the student shall be able to attend the elementary school located within the respective elementary attendance area in which either of his/her parents resident, and shall be able to attend the middle school located within the respective middle school area in which either his/her parents resides.
In recognition of statements given to individual parents permitting them to allow their children to complete their educations at the school of the former attendance zone, those children will be able to remain in the original school if their attendance there has been uninterrupted. This exception expires with the conclusion of the 2001-2002 school year and applies only to students beginning their fifth and eighth grade years. This exception does not apply to siblings, and parents are responsible for making their own arrangements for transportation to or from the school of attendance if different from the school of residence.
Determination of Student Residency
The Board of Education or its designee shall determine whether a child is entitled to attend a District school. Any adverse residency decision by a school official other than the Board or its designee shall include written notice to the parent/legal guardian of the procedures for obtaining review of the decision within the District.
The Board of Education directs the Superintendent to develop regulations to implement this policy.
Revised: 01/11/93; 02/08/93; 11/29/93; 01/12/99; 09/25/01