CODE: 5118
SECTION: PUPILS
NONRESIDENTS
I. Tuition Enrollment
A. Except in special contingencies pertaining to the welfare of the community and its schools or to cases of special hardship, the West Milford Board of Education will accept nonresident students upon the payment of tuition only when such acceptance will not necessitate increasing the size of the faculty or staff or result in classes containing more than the permitted number of students. Cases of special hardship will be referred to the Board of Education for consideration. Nonresident teachers' children may also be admitted under this policy.
B. Affidavit Students
1. Any adult student domiciled in the district may attend school on a tuition-free basis as provided by law.
2. Any non-adult student whose parent(s)/guardian(s) reside outside the district may attend school within the district on a tuition-free basis only if:
a. The student is kept in the home of a West Milford Township resident and supported by the West Milford Township resident gratis as if he/she were the West Milford Township resident's own child.
b. The West Milford resident files with the Board Secretary a sworn statement that the resident is domiciled within the district and is supporting the child gratis and will assume all personal obligations for the child relative to school requirements and that the resident intends so to keep and support the child gratuitously for a longer time than merely through the school term, and a copy of his lease if a tenant, or a sworn statement by his landlord acknowledging his tenancy if residing as a tenant without a written lease.
c. The child's parent(s) or guardian(s) files with the Board Secretary a sworn statement that he is not capable of supporting or providing care for the child due to a family or economic hardship and that the child is not residing with the resident of the district solely for the purpose of receiving a free public education within the district.
d. The statement(s) shall be accompanied by documentation to support the validity of the sworn statements, information from or about which shall be supplied only to the board and only to the extent that it directly pertains to the support or nonsupport of the child.
e. If the evidence does not support a claim for tuition-free enrollment, the Board may deny admission to the student. The resident may contest the Board's decision pursuant to sections I(C) below.
C. If the Superintendent finds that the parent(s)/guardian(s) of a student already admitted does not reside in the district or that the evidence does not support the tuition-free enrollment of an affidavit student already admitted, he/she may apply to the Board for removal or transfer of the student from the district's schools.
1. The parent(s)/guardian(s) or the resident, where appropriate, shall be entitled to prior written notice of such an application and to a hearing before the Board to oppose the application. If the Board concludes that any of the criteria in sections I(B) (1) through (3) above have not been met, it may order the transfer or removal of the student from school.
2. The parent(s)/guardian(s) or resident may, pursuant to law, contest the Board's decision to remove or transfer the student before the Commissioner of Education within 21 days of the decision date.
3. At the time of its decision, the Board shall notify the parent(s)/guardian(s) or resident in writing of its decision and his/her/their right to contest the decision within 21 days. No student shall be removed from school during that 21-day period or during the pendency of any proceeding before the Commissioner.
4. If no appeal is taken from the Board's decision, or if the Commissioner concludes that the evidence does not support a claim for tuition-free enrollment, prorated tuition shall be assessed for the period of the student's ineligible attendance in the district's schools. The Board may pursue all available legal remedies to recover assessed tuition from the student's parent(s)/guardian(s), from the student if he/she is an adult, and/or from the West Milford Township resident if an affidavit has been executed pursuant to section I(B) (2) above.
D. Re-evaluation of Tuition-Free Enrollment Eligibility
If the Board reasonably determines that such action is warranted, it may, by Resolution, authorize the Superintendent to conduct a districtwide re-evaluation of the eligibility for tuition-free enrollment of any or all students currently so enrolled in the West Milford Township Public Schools. If the re-evaluation is authorized during the summer recess, all students enrolled on a tuition-free basis as of the end of the preceding school year, shall be subject to re-evaluation.
II. Future Residents
Upon proper application, the children of families who expect to become residents of the West Milford Township School District during a given semester and who have signed a contract to buy or build a residence in the district, shall be admitted to school on or after the beginning of the semester during which they expect to become residents. No tuition will be charged. Proof of residency shall be submitted, to the extent possible at the time of application, in accordance with the requirements of Board policy on School Admissions (File Code: 5111). At a minimum, this proof shall include a fully executed, binding contract for the purchase of a residence within the district. Future residents shall, if necessary, fulfill their proof-of-residency requirements subsequent to the submission of their applications as additional required proofs become available but in no event later than thirty (30) days after the original date of closing listed on the contract. Failure to do so will result in contact by school officials. Lack of required proofs may result in tuition charges retroactive to the original date of closing and/or the removal from school of the non-resident student.
III. Former Residents
A. Regularly enrolled children of former residents shall be permitted to complete any school year provided that they become nonresidents after February l of that school year. Students who have completed their junior year in West Milford Township High School may, at the Board's option, complete the senior year tuition-free.
B. Approved tuition-free, nonresident students must provide their own transportation to and from school.
IV. Tuition Students
A. Nonresident students may be accepted on a tuition basis subject to the recommendation of the Superintendent and approved by the Board of Education.
B. A child of a school district employee who does not reside in the school district may be admitted at a rate of one-half (1/2) of full tuition provided:
1. Application in writing has been made by the employee to the Superintendent; and
2. All locally required records have been presented; and
3. Approval by the Board of Education.
C. Tuition rates shall be established by the School Business Administrator on an annual basis.
V. Foreign Exchange Students
A. The West Milford Board of Education may admit foreign exchange students into district schools in order to promote cultural awareness and understanding among students.
B. The West Milford Board of Education may accept exchange students on a J-1 visa who reside within the district as participants in group-sponsored exchange programs approved by the Board. Tuition may be waived for students on a J-1 visa.
C. The West Milford Board of Education may accept privately sponsored exchange students, who have proven residency in the Township, on an F-1 visa, for attendance only in secondary schools upon payment of 50% of the district’s tuition rate established for that school year. Tuition cannot be waived for students on an F-1 visa, and attendance in district schools shall not exceed 12 months. Additionally, these students will be charged 50% of the per pupil cost for any extra curricular activities in which they participate.
D. All potential organizations or individuals applying for admission shall forward the request to the Superintendent of Schools by July 1 preceding the school year of attendance. Foreign exchange students shall comply with all immunization requirements for students of this district. The Superintendent of Schools shall be responsible for determining the visa status and eligibility of foreign exchange students applying for admission.
First Reading: August 28, 2001
Adopted: September 25, 2001