Residency

Residency determinations are the basis upon which public school entitlement is based. It is also the basis upon which school districts may limit their financial responsibilities for public instruction. The information presented covers who can enroll of students within the schools of the district, the evidence that can be used to support a claim of residency, and the process of denial and appeal.

Regulations Regarding Residency

The Science of Residency Determinations - 2005 (324 KB)

Part 100.2(y) – Commissioner’s Regulations  

(y) Determination of student residency.

The board of education or its designee shall determine whether a child is entitled to attend the schools of the district. Any decision by a school official, other than the board or its designee, that a child is not entitled to attend the schools of the district shall include notification of the procedures to obtain review of the decision within the school district. Prior to making a determination of entitlement to attend the schools of the district, the board or its designee shall afford the child's parent, the person in parental relation to the child or the child, as appropriate, the opportunity to submit information concerning the child's right to attend school in the district. When the board of education or its designee determines that a child is not entitled to attend the schools or such district because such child is neither a resident of such district nor entitled to attend its schools pursuant to subdivision (x) of this section, such board or its designee shall, within two business days, provide written notice of its determination to the child's parent, to the person in parental relation to the child, or to the child, as appropriate. Such written notice shall state:

1. that the child is not entitled to attend the public schools of the district;
2. the basis for the determination that the child is neither a resident of the school district nor entitled to attend its schools pursuant to subdivision (x) of this section;
3. the date as of which the child will be excluded from the schools of the district; and
4. that the determination of the board may be appealed to the Commissioner of Education, in accordance with Education Law section 310, within 30 days of the date of the determination, and that the procedure for taking such an appeal may be obtained from the Office of Student Support Services, New York State Education Department, State Education Building, Albany, NY 12234.