The Science of Residency Determinations 2013. Carl N. Friedman NYS Education Department Prekindergarten through Grade 12 Education Student Support Services. LEGAL BASIS FOR MAKING RESIDENCY DETERMINATIONS.
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Carl N. Friedman
NYS Education Department
Prekindergarten through Grade 12 Education
Student Support Services
No Child Left Behind – School Choice – SINIs without progress – Persistently Dangerous
Stewart H. McKinney Homeless Assistance Act 42 USC 11431 et. seq.
Education Law 3202 – Entitlement
Education Law 3203 – Property Intersected…
Education Law 3209 – Education of Homeless Children
Education Commissioner’s Regulations
Judicial Decisions of the Commissioner of Education or Court Decisions
Beginning 9/10/09, Title I Schools that have been designated as needing to improve, who have failed to show adequate yearly progress, must offer supplemental educational services to eligible students. Following two years of this status, those schools must allow their Title I students the option to be transferred to another school within the district.
Who At NYSED Can Help?
Stewart H. McKinney Homeless Assistance Act
WHO AT NYSED CAN HELP?
Every school district should have a “Homeless Liaison” who will facilitate hassle-free entrance to school. The law provides that the school allow the registrant into school immediately and then do the appropriate paperwork to determine residency.
The McKinney Act requires the State and the local districts to develop and revise policies to remove barriers to enrollment and retention.
Homeless students have the right to choose the schools
Education Law 3203
Education Law 3209
Educational Entitlement – is afforded to residents of the district over five and under twenty-one years of age who have not received a high school diploma.
Where a body of land is intersected by two school districts and is the location of an owner occupied single family dwelling, the family may choose which district they may send their children.
Defines a homeless person as:
Defines school district choice as the district of origin, current location, or specific accommodations within a BOCES affiliate.
Defines – transportation benefits for persons in receipt of public assistance.
Commissioner of Education
Either of these regulations may be reviewed at http://www.p12.nysed.gov/sss/lawsregs/
Catlin v. Sobol - The Commissioner agreed that when the parents moved from the school district thus changing their residency, the district was no longer required to pay the BOCES for special education services. This position was overturned by State Supreme Court and then overturned again by Appellate Court. (4/4/91)
Plyer v. Doe – State of Texas passed a statute which prohibited the use of State funds for children who were not citizens of the U.S. Though the case concerned equal protection of the law the court found that the right to a free public education was based upon where a person lives not their alien status.
Does a record from Family Court attesting to the transfer of care and custody, tell you any more about residency than a birth certificate?
No- It only provides information on care and custody, not where the family resides.
Eyewitness accounts (notarized)
Supportive evidence linked to a place of residence
A school should not deny student enrollment for failure of the parent or guardian to provide a single document when other forms of documentation have been provided to the school.
TO REGISTER A STUDENT?
Adults other than Parents
Two Parent Household
Single Parent with Official Custody
FERPA(Family Education and Rights to Privacy Act)
Family Policy Compliance Office
Child spends equal time living with both parents
For Online Citations:Go to http://www.nysed.gov
And in the Google Search Engine type in “Commissioner’s Decisions”. You will be brought to a list of possible sites all dealing with Commissioner’s Decisions.
Where a child spends equal time with both parents commissioners have left the choice of the school district which the child will attend up to the parents.
Single Parent With Care But No Official Custody (Gen. Ed.)
Formal custody awarded by Family Court
Witnessed statement from the biological parent(s) and the new adult the minimums for care and custody
Witnessed statement from the biological parent(s) and the new adult
Irrelevant Factors in residency determinations for emancipated youth?
Relevant Factors in registering an emancipated youth?
WHAT ARE SCHOOLS REQUIRED TO DO WHEN THE RESIDENCY DETERMINATION IS NEGATIVE?
Commissioner’s Regulation 100.2(x) – where the board of education or its designee determines that the child is neither a resident nor entitled to attend the schools of the district they must
Instructions for making an appeal to the Commissioner of Education is available at www.counsel.nysed.gov
Describes the process of school and classroom enrollment
School District Enrollment Process
Enrollment at School and in a Classroom
Student Support Services
NYS Education Department
Room 318-M EB
Albany, New York 12234