7:060-AP1 – Challenging a Student’s Residence Status
| Actor | Action |
|---|---|
| Superintendent or Designee | On behalf of the School Board, notifies the person who enrolled a student of the tuition amount due to the District for the non-resident student’s attendance. The notice shall detail the specific reasons why the Board believes that the student is a non-resident of the District and shall be sent by certified mail, return receipt requested. |
| Person Who Enrolled the Student | Within ten calendar days after receipt of the notice, may request a hearing to review the determination that tuition is due. The request shall be sent certified mail, return receipt requested, to the District Superintendent. If the person enrolling the student does not request a hearing within 10 days of the receipt of the notice of non-residency, the student shall be disenrolled. If a hearing is requested to review the Board’s decision: May request that the student continue attending at the District’s schools pending the Board’s final decision. Such attendance shall not relieve the person who enrolled the student of the obligation to pay the tuition for that attendance if the Board decides the student is a non-resident who must pay tuition. |
| Superintendent or Designee |
On behalf of the Board and within ten calendar days after receiving the hearing request, shall notify the person requesting the hearing of its time and place; the notification shall be sent by certified mail,return receipt requested.The hearing shall be held not less than ten nor more than 20 calendar days after this hearing notice is given. The hearing notice shall notify the person requesting the hearing that any written evidence and testimony or witnesses not disclosed at least three calendar days rior to the hearing are barred at the hearing without the District’s consent. At least three calendar days prior to the hearing, discloses to the person requesting the hearing all written evidence and testimony the District may submit during the hearing and a list of witnesses it may call to testify during the hearing. |
| Person Who Enrolled the Student | At least three calendar days prior to the hearing, discloses to the District all written evidence and testimony he/she may submit during the hearing and a list of witnesses he/she may call to testify during the hearing. |
| School Board or Hearing Officer Designated by the Board | Conducts the hearing. At the hearing: (1) the Board and the person who enrolled the student may use representatives of their choice, and (2) the person who enrolled the student has the burden of going forward with the evidence concerning the student’s residency. If the hearing is conducted by a hearing officer: Within five calendar days after the hearing’s conclusion, sends a written report of his or her findings to the Board and to the person who enrolled the student. The report shall be sent by certified mail, return receipt requested. |
| Person Who Enrolled the Student | If the hearing is conducted by a hearing officer: Within five calendar days after receiving the hearing officer’s findings, may file written objections to the findings with the Board. The objections shall be sent by certified mail, return receipt requested, addressed to the District Superintendent. |
| School Board | Whether the hearing is conducted by the Board or a hearing officer: Within 30 calendar days after the hearing’s conclusion, decides whether or not the student is a resident of the District and the amount of any tuition required to be charged as a result of the student’s attendance in the District’s schools. Withing five calendar days of its decision sends a copy of its decision to the person who enrolled the student by certified mail, return receipt requested. The decision must inform the person who enrolled the student that: (1) he/she may, within five calendar days after receipt of the Board’s decision, petition the Regional Superintendent or appropriate Intermediate Service Center of schools to review the decision; and (2) at his/her request, the student may continue attending the District’s schools pending the Regional Superintendent or appropriate Intermediate Service Center’s review of the Board’s decision. Such attendance shall not relieve the person who enrolled the student of the obligation to pay the tuition for that attendance if the Regional Superintendent or appropriate Intermediate Service Center decides the student is a nonresident. |
| School Board | Within five calendar days after receiving petition, delivers to the Regional Superintendent or appropriate Intermediate Service Center the Board’s decision, any written evidence and testimony submitted by the parties during the hearing, a list of all witnesses that testified during the hearing, and any existing written minutes or transcript or verbatim record of the hearing. May also provide the Regional Superintendent or appropriate Intermediate Service Center and the person who enrolled the student with a written response to the petition. |
| Regional Superintendent of Schools or appropriate Intermediate Service Center | Within ten calendar days after receipt of documentation from the District, issues a written decision as to whether or not there is clear and convincing evidence the student is a resident of the District and eligible to attend the District’s schools on a tuition-free basis. The decision shall be transmitted to the Boarrd and the person who enrolled the student, and shall, with specificity, detail the decision’s rationale. |
Legal Reference(s):
Date Adopted: March 9, 2011
Date Amended: December 20, 2016
