In both Connecticut and New York, local and regional boards of education have a statutory obligation to provide free school accommodations to each child who is a permanent resident of the school district and is between the ages of 5 and 21 years old, provided the child has not graduated high school. School administrators should determine residency status prior to enrollment, although this is not always done. If residency issues arise, a school district may exclude a child from attending school if it is determined through a formal hearing that the child resides in another district.
Residency in the Case of Divorce
If a child belongs to a family where the parents are married or cohabiting, their residence is considered the child's permanent residence. Questions may arise when parents are divorced and the child spends equal time with each parent. In such cases, the child may attend school in the district of either parent's residence. If the child confirms living with both parents, it often allows the parents to choose the school district, even if the child spends equal time in both residences.
In some situations, a child may reside and attend school in a district where neither parent lives. In these cases, it is important to establish when this residency became permanent. According to Connecticut law, “children residing with relatives or nonrelatives, when the residence is intended to be permanent, provided without pay, and not solely for school accommodation purposes, are entitled to all free school privileges granted to resident children of the district.” This statute highlights three key elements.
First, residency must be intended as permanent for the child. While there is no strict definition, the State considers certain factors relevant in determining permanent residency:
- The location of the majority of the child’s clothing and personal possessions
- Issuance of a library card
- The child's place of religious service attendance
- Club affiliations (e.g., Cub Scouts, Boy Scouts)
- Where the child spends substantial time during school breaks
- Where the child would go if not permitted to attend school
Second, the “provided without pay” clause prevents financial arrangements with relatives or nonrelatives solely for school access. Lastly, the “not for the sole purpose of education” clause ensures residency is not established simply to receive a free education. Documentation may be required to prove these statutory requirements, and an affidavit may be requested to confirm compliance.
Residency Rules in New York
In New York, a non-parent assuming caregiving responsibilities, identified as a kinship “de facto” custodian, may enroll a student as a “person in a parental relation” via parental designation. This designation is limited to six months and must not conflict with any court orders. If the custodian lives in a different district from the child's parent or guardian, they must also establish residency. In cases where parents are unavailable, residency may be proved by affidavit for enrollment.
Under New York Education Law, caregivers may enroll a child if recognized as a “person in parental relationship” and can demonstrate the child lives with them. If the child's life is without parental involvement, emancipation is an option. Emancipated minors, aged 16 or older, not needing foster care, living independently, and not receiving parental support, can enroll themselves in school.
Documentation for Establishing Residency
The board of education may request documentation to confirm a child's residency is permanent, without pay, and not solely for school accommodation. Acceptable documents include deeds, rental agreements, tax bills, utility bills, a driver’s license, and voter registration cards.
A school district may also ask for an affidavit to verify residency. However, before such a request, the district must provide a written statement explaining why it questions the child's eligibility for school accommodations.
Homes Located on Town Lines
If a child's dwelling is physically situated within the municipal boundaries of more than one town, they are considered a resident of each town and may attend school in either district. The town line must bisect the dwelling structure, not just the property, for the child to have this choice. If the boundary line only traverses the land, school attendance is limited to the town where the dwelling is located.
Contact Us
If you have any questions about determining student residency in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
