The Pelham Union Free School District is committed to providing a world class education to all eligible students within our District boundaries. To ensure that our taxpayers' money is being used efficiently, the District routinely conducts residency checks when credible evidence suggests that a student may not be a resident under the terms of the District's policy.
It is important to note that in accordance with all applicable federal and state laws, as well as the Board of Education's policies, the District may legally educate certain students who do not live within the boundaries of Pelham, such as:
- Tuition-paying special education students, at the discretion of the Board of Education
- Children of current staff/faculty members, subject to the terms and conditions of the applicable Collective Bargaining Agreement
- Students determined to be homeless, in accordance with applicable law and policy
- Tuition-paying general education students, at the discretion of the Board of Education
The following is the text of the Board of Education's policy on residency.
ENTITLEMENT TO ATTEND - AGE AND RESIDENCY
All persons residing within the District who are between the ages of 5 years and 21 years and who have not received a high school diploma are entitled to enroll in the District.
A student who becomes 6 years of age on or before the first of December in any school year will be required to attend full-time instruction from the first day that the District schools are in session in September of that school year. A student who becomes 6 years of age after the first of December in any school year will be required to attend full-time instruction from the first day of session in the following September. Each student will be required to remain in attendance until the last day of session in the school year in which the student becomes 16 years of age.
Evidence of a prospective student's age and residency must be presented in such form as is permitted by state and federal law and regulation.
Determination of Student Residency
Residence is established by a child's physical presence as an inhabitant within the District and his/her intent to reside in the District.
A child's residence is presumed to be that of his/her parents or legal guardians. Where a child's parents live apart, the child can have only one legal residence. In cases where parents have joint custody, the child's time is essentially divided between two households, and both parents assume responsibility for the child, the decision regarding the child's residency lies ultimately with the family. Where parents claim joint custody, but do not produce proof of the child's time being divided between both households, residency will be determined on the basis of the child's physical presence and intent to remain within the District.
The presumption that a child resides with his/her parents or legal guardians may be rebutted upon demonstration that custody of such child has been totally and permanently transferred to another individual. The District will not acknowledge living arrangements with persons other than a child's parents or legal guardians which are made for the sole purpose of taking advantage of the District's schools.
The presumption that a child resides with his/her parents or legal guardians may also be rebutted upon demonstration that such child is an emancipated minor. To establish emancipation, a minor may submit documentation of his/her means of support, proof of residency, and an explanation of the circumstances surrounding the student's emancipation, including a description of the student's relationship with his/her parents or persons in parental relation.
Children of Activated Reserve Military Personnel
Students temporarily residing outside the boundaries of the District, due to relocation necessitated by the call to active military duty of the student's parent or person in parental relation, will be allowed to attend the public school that they attended prior to the relocation. The District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.
Undocumented children are entitled to attend the District's schools, provided they meet the age and residency requirements established by state law. Consequently, the District will not request on any enrollment or registration form, in any meeting, or in any other form of communication, any documentation or information regarding or tending to reveal the immigration status of a child, a child's parent(s), or the person(s) in parental relation. In the event the District is required to collect certain data, it will do so after the child has been enrolled or registered; in no instance will the information be required as a condition of enrollment or continued attendance.
Determinations regarding whether a child is entitled to attend the District's schools as a homeless child or youth will be made in accordance with Commissioner's regulation Section 100.2(x), as well as applicable District policy and regulation.
Family Educational Rights and Privacy Act, 20 USC § 1232g
Education Law §§ 310, 906, 3202, 3205, 3214, and 3218
Family Court Act § 657
8 NYCRR § 100.2(x) and (y)
NOTE: Refer also to Policies:
#7131 -- Education of Homeless Children and Youth
#7132 -- Non-Resident Students