5055 - Guidelines on Nonresident Students

5055 (JFA) Guidelines on Nonresident Students 5055 (JFA)

A. General

Persons who do not legally qualify as residents of Milford may be admitted to Milford’s schools only upon the approval of the Superintendent of Schools. Such approval may be withdrawn by the Superintendent at any time. The decision on whether to enroll or withdraw an enrollment of a non-resident student shall not be based on whether that student has a disability as defined by applicable state or federal law and shall be in accordance with RSA 193:13.

B. Costs

If the Superintendent agrees to enroll a non-resident student, the District will either charge full tuition to the parent or, alternatively, the superintendent may enter an agreement for the payment of tuition with the school district in which the student resides.

The Superintendent acknowledges the provisions of RSA 193:3 which states the district in which the student resides shall retain all responsibility for the provision of special education and related services pursuant to RSA 186-C, and any non-resident student shall be charged full tuition plus the cost of any specific programs or special services, unless one of the following applies:

The Superintendent or Board has waived or reduced the tuition and/or other costs in accordance with section C of this policy
The student is an exchange student whose admission has been approved by the Superintendent under Policy 5060, in which case the tuition shall be waived.
The student is enrolled through a Board-approved agreement with another school district or agency, in which case the terms of that agreement shall determine the costs, if any.

Upon the admission of a non-resident student to the District, the Superintendent shall immediately notify the student’s school district of residence of the student’s name, date of birth, address, and grade assignment. This same notification shall be made at the beginning of each school year for which the child is enrolled.

Notwithstanding the above, in no case shall the District be liable for the cost of a non-resident student’s out-of-district placement.

C. Waiver of Costs

The Superintendent may reduce or waive tuition costs in accordance with the following:

1. Children of non-resident parents who will be moving into the District within forty-five (45) school days of the start of the school year may enroll prior to actual establishment of residency, provided a written request and verification of the anticipated date of residency are submitted. Such request shall be supported by appropriate documentation (lease, purchase agreement, etc.).

2. Children of non-resident parents entrusted to the permanent custody and support of residents of the District. The Milford resident must establish bonafide custody of the child (guardianship or custody agreement are examples of documents that may be submitted) and must demonstrate to the satisfaction of the Superintendent that the child is living in the District for a reason other than obtaining an education in Milford.

3. Seniors and eighth grade students whose families move out-of-district during the final semester of their senior year or eighth grade year and who wish to continue through the conclusion of that school year.

4. Students who are not seniors or eighth graders whose families move out-of-district during the final forty-five (45) school days of the school year and who wish to continue through the end of the school year.

5. Children or dependents of non-resident District employees. If approved, the discount on tuition shall be seventy-five percent (75%) for those salaried or working thirty (30) or more hours per week; fifty percent (50%) for those working twenty (20) or more, but less than thirty (30) hours per week; and twenty-five percent (25%) for all others.

6. All other requests for tuition waivers will be at the discretion of the Board.

Legal References:
RSA 193:12, Legal Residence Required
NH Code of Administrative Rules, Section Ed 306.04(a)(17), Homeless Students
No Child Left Behind Act, 2002
McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431, et seq.

Adopted: 9/1972
Revised: 7/1978, 6/1986, 7/1989, 5/1994, 10/1995, 4/1996, 5/2000, 11/2001, 9/2005, 12/2010, 4/2022