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Policy Manual


Policy JFA:
Residency



I.  Objective:  

It shall be the objective of the Lyme School District to ensure to the best of its ability that only students who are legal residents of Lyme are in attendance at the Lyme School or are in attendance at a high school consistent with the high school placement and tuition policies in effect in the Lyme School District. To meet this objective, the School Board implements this policy and procedure, and adopts the administrative actions contained herein as a means of investigating, verifying, and implementing this policy.  

A.  “Residency” shall be determined in accordance with RSA 193:12, which states, “no person shall attend school, or send a pupil to the school, in any district of which the pupil is not a legal resident, without the consent of the district or of the school board except as otherwise provided…” by law.  

B.  “Legal residence” of a student is where his or her parents reside, with the following exceptions:   

1.    If the parents live apart and are not divorced, legal residence is the residence of the parent with whom the child resides.

2.    If the parents, through a divorce decree or parenting plan, are awarded joint decision-making and physical responsibility for the child, the legal residence of the child is the residence of the parent with whom the child resides.  However, the parents may decide and agree to send their child to either school district so long as the agreement is in writing, and the parents each provide a copy of the agreement to their respective school district.  

3.    Absent a written agreement as discussed above, if the court order is for equal or approximately equal periods of residential responsibility, the child's legal residence for school attendance purposes shall be as stated in the order.

4.    If a parent is awarded sole or primary residential responsibility or physical custody by a court of competent jurisdiction in New Hampshire or any other state, legal residence of the child is the residence of the parent with sole or primary residential responsibility or physical custody. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the student does not have residence in New Hampshire.  

5.    If the student is in the custody of a legal guardian, as appointed by a New Hampshire court or a court of competent jurisdiction, legal residence is where the guardian resides.  If the department of health and human services has been appointed legal guardian, the residence of the student is where the child is placed by the department or the court.  Legal guardianship shall not be appointed solely for the purpose of allowing a student to attend school in a district other than the district of residence of the minor's parent or parents.  

C.  No minor placed in a home for children or health care facility, as defined in RSA 193:27, by another state which charges the state of New Hampshire, a political subdivision of the state of New Hampshire, or a New Hampshire school district, for the regular or special education costs for New Hampshire children placed in that state, shall be deemed a legal resident for purposes of school assignment, unless the sending state agrees to reimburse the receiving district, as defined in RSA 193:27, for regular education and special education costs.

D.  If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28.
 
E.  A person may have only one legal residence at a given time.  For the purposes of this policy, a "legal resident" of the Lyme school district means a natural person who is domiciled in Lyme and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in Lyme indefinitely and to return there, coupled with an act or acts consistent with that intent. A married person may have a domicile independent of the domicile of his or her spouse. If a person removes from Lyme to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in Lyme even though the person intends to return at some future time.

F.  Nothing in this policy shall limit or abridge the right of any child placed and cared for in any home for children, or the home of a relative of that child by the department of health and human services or by a court of competent jurisdiction, to attend the public schools of the school district in which the home for children, or the home of the relative or friend, in which a child is placed.  The Lyme school district reserves the right to request proof of such placement by the department of health and human services or a court.

G.  Nothing in this policy shall require the Lyme school district to provide transportation for a student beyond the geographical limits of Lyme.

H.  The Superintendent shall decide all disputed residency issues.  If more than one school district is involved in the residency dispute, or the parents who live apart cannot agree on the residence of the minor child, the respective Superintendents will jointly decide the issue.  If an agreement cannot be reached, the commissioner of education shall make a determination, and such determination shall be final.  Any person aggrieved by a determination by the commissioner may appeal such determination in a court of competent jurisdiction.

II.  Administrative Actions for Residency Verification:

1.    It is incumbent upon the parents or guardian of a student seeking to attend the Lyme School or a high school in accordance with the Lyme School District’s policies for placement and tuition in such high school, to submit proof of residency in Lyme.  Specifically, the following groups of students in the Lyme School District must show proof of residency:

A.    All children entering kindergarten;
B.    All new registrants to the Lyme School District.
C.    All children enrolled in high school, annually, through placement under Lyme School District Policy JBCCA-2.

2.    Proof of Residency must be initially provided by completing and submitting a Proof of Residency Form, appended hereto, which shall be signed by the Lyme Town Clerk.  

3.    If the residency of a student in Lyme is indeterminate, the parents or guardian must submit an affidavit, subscribed and sworn to before a notary, establishing the facts demonstrating residence of the student in Lyme.  In any situation in which the residency of the student is indeterminate, the Lyme School Board reserves the right to require tuition be paid by the parents or guardian of the student to retain enrollment until a residency determination is made.

4.    Parents or guardians of students who are residents of the district and enrolled in school for 145 days in a school year, and who move from the district before the school year ends, may apply to the superintendent for permission to finish the school year on a pro-rated tuition basis or with a tuition waiver. The superintendent shall consider the student's age, attendance record during the year, progress in school and other relevant factors when considering requests to remain enrolled in school for the remainder of the school year, and shall make recommendations to the board accordingly.

5.    Nothing in this policy shall limit or abridge the requirements of the Lyme School District’s policy for admission and attendance by a non-resident student, in accordance with Lyme School District Policies JFAB (Admission of Non-Resident Students), and JBCB-3 (Provisional Resident and Non-Resident Students – Tuition).

6.    The Superintendent of the Lyme School District reserves right to grant special permission for out of district placement.


III.    Reservation of Right to Investigate and Enforce Policy

The Lyme School District reserves the right to investigate the residency status of any person or family seeking to enroll a student in the Lyme School or a high school under the Lyme School District’s policies for high school placement and tuition, and to use the assistance of law enforcement in that investigation should it be deemed necessary under the circumstances, as determined by the Lyme School District administration.

First Read:  6/19/12
Second Read:  9/27/12
Approved: 9/27/12
Revised:  2/7/13




PARENT AFFIDAVIT


    I attest that I, and my child or ward who is seeking enrollment in the Lyme School or a high school in accordance with the Lyme School District’s policies for placement and tuition, reside within the geographical limits of the Lyme School District, specifically at (physical address) ____________________________________________________, and that my telephone number at that address is ___________________________________.

    In submitting this affidavit, I understand that providing false information, and/or refusing to provide additional proof of residency as may be required by an investigation deemed necessary by the Lyme School District, may result in tuition fees and/or immediate loss of attendance privileges at the Lyme School or a high school through placement under the relevant Lyme School District policies.


Date: _______________    Parent/Guardian: ________________________________


    Subscribed and sworn to under oath before me, on the ____________ day of ____________________, _______.


                       Notary: ________________________________
                       Commission Expires: _____________________