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FILE:  JECB
CRITICAL

 

ADMISSION OF NONRESIDENT STUDENTS

(Districts Accepting Nonresident Students)

 


Nonresident students living in Missouri will be permitted to attend the district's schools as long as the admission will not require the district to exceed the district's target class sizes and student-to-teacher ratios set by the Board. Nonresident students will only be permitted to enroll upon agreement to pay tuition, as calculated by the Lindbergh Schools or the Missouri State Board of Education (State Board), unless the student is exempt from payment of tuition as allowed by law or another arrangement has been made with Board approval. Tuition rates shall be determined annually on the basis of the per-pupil cost for the preceding year for the operation, maintenance and debt service of the schools, as prescribed by state law. A nonresident student shall be defined as a student who does not meet the requirements to be a resident student of the Lindbergh Schools, as defined in Board policies and law.


Nonresident students admitted pursuant to the following exceptions or as otherwise mandated by law will not be required to file for a waiver of residency.

 

1.         The following nonresident students will be admitted and are exempt from complete or partial tuition charges:

 

                      Children placed by the department of mental health, the department of social services or by court order in facilities or programs located within the district will be admitted even if the child’s domicile is in another district. The district is entitled to local tax effort from each student's domiciliary district. The district may, if such funds are available and pursuant to law, receive payment from the Department of Elementary and Secondary Education (DESE) for such students in lieu of the local tax effort payments from the domiciliary district.

 

                      Interdistrict transfer students in the desegregation program.

 

                      Orphaned children, as defined by the courts, who have a permanent or temporary home within the school district may attend school without paying tuition.

 

                      Children with only one living parent who have a permanent or temporary home within the school district may attend school without paying tuition.

 

                      Children whose parents do not contribute anything to their support and are unable to pay tuition, and who have a permanent or temporary home within the school district, may attend school without paying tuition.

 

                      Children whose parents or guardians pay school taxes on property in the school district but do not live in the district may attend school in the district and pay tuition on a tuition/tax credit basis. School taxes paid to the school district by the parents or guardians of nonresident students shall be deducted from the tuition charge applicable to the school term or fractional part thereof, concurrent with the calendar year in which the taxes are paid. The deduction will be prorated among the number of students per family attending the district's schools. A tax statement must be submitted to the appropriate administrator before a student can be admitted.

 

                      Children whose parents or guardians own real estate of which 80 acres or more are used for agricultural purposes and upon which their residence is situated may attend school, without paying tuition, in any district in which a part of such real estate, contiguous to that upon which his or her residence is situated, lies, provided that 35 percent of the real estate is located in the district of choice. Such parents or guardians are required to send notification by June 30 to all school districts involved specifying which district their children will attend. If notification is not received, such children shall attend the school in which the majority of the parent or guardian's property lies. Attendance at any other district will require the payment of tuition.

 

2.         Children residing in institutions located within the district that provide a place of residence for three or more such children whose domicile is not in the state of Missouri may be admitted pursuant to a contractual arrangement, provided that the school district, its taxpayers, the state of Missouri or its political subdivisions bear no financial burden as a result of the placement.

 

3.         In the event the Board allows nonresident teachers employed by the district to send their children to the district, such children will be considered resident students for the purpose of determining average daily attendance. The Board shall not solicit or receive money from a teacher employed by the district for the purposes of paying tuition or any other expenses of the operation of schools. For certified, Board-approved employees, including teachers, regular employee is defined as any nine- or 12-month employee who is regularly scheduled to teach at least three periods a day for the term of a school year. Furthermore, the Board authorizes nonresident regular employees of the district to send their children to the district and such children are considered resident students for the purposes of determining average daily attendance when the district of residence is not otherwise liable for them. For non-certified, Board-approved employees, “regular employee” is defined as any nine- or 12-month employee who is regularly scheduled to work more than 20 hours a week for the term of a school year. Employees hired on an as-needed, temporary basis; independent contractors; and/or consultants are excluded from this definition of regular employee. The district will be responsible for reasonable and customary educational expenses. This policy does not cover the expense associated with Special Education screening, assessment and/or services (including 504) should an employee choose to keep a child in the district who requires services beyond what is required of a regular education student. The employee will be responsible for the additional costs.

 

4.         Foreign exchange students living within the boundaries of the school district who have obtained a J-1 visa and who are sponsored by an organization listed on the Council on Standards for International Educational Travel (CSIET) Advisory List will be allowed to enroll in the school district. Such enrollment will be conditioned upon the exchange program and student having prior approval by district officials and in accordance with procedures set forth by the superintendent or designee. The Board of Education reserves the right to limit the number of foreign exchange students enrolled in a given year. Attendance by foreign exchange students is a privilege, not a right.

 

5.         The district may admit nonresident students pursuant to a contractual arrangement, the Enrollment Option Act or as otherwise permitted by law. A nonresident student enrolled pursuant to an enrollment option program shall be counted as a resident pupil for the purposes of determining state aid.

 

6.         Students who by definition were former residents of the district, who attended a Lindbergh Schools school on a full-time basis for at least two consecutive years and are now considered nonresident students may be permitted to attend the district schools upon payment of tuition as established by the Board unless exempt from payment of tuition as allowed by law.

 

7.         Students who live outside of the district and who wish to attend Lindbergh High School for the specific purpose of enrolling in the International Baccalaureate Diploma Track will be accepted on a tuition basis. Those students will be accepted on a tuition basis only if they remain in good standing as a legitimate candidate for the International Baccalaureate Diploma.

 

8.         For students assigned to the district by the Commissioner of Education whose residence in another district is so located that attendance in the district of residence constitutes an unusual or unreasonable transportation hardship because of natural barriers, travel time or distance, the Board of Education of the district in which the student lives shall pay the tuition of the assigned student.

 

9.         Students who live outside of the district but have a sibling(s) attending the district via enrollment in the PEGS program will be accepted on a tuition basis. Those students will be accepted on a tuition basis only as long as the sibling(s) maintains participation in the PEGS program.

 

10.       In accordance with law, the district will admit nonresident students residing in a Missouri school district that has been declared unaccredited by the State Board and that is located in the same county as the Lindbergh Schools or an adjoining county, provided that the admission will not require the district to exceed the district's target class sizes and student-to-teacher ratios set by the Board. The unaccredited district will pay tuition as calculated by the Lindbergh Schools or the State Board. The Lindbergh Schools is not responsible for providing transportation.

 

The Board will annually set tuition for each grade-level grouping in accordance with law. If an unaccredited district disputes the amount of tuition, the Board will submit the dispute to the State Board for resolution.

 

The Board directs the superintendent or designee to create procedures for enrolling transfer students and collecting the tuition.


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Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         02/11/1986

 

Revised:          06/08/2004; 08/10/2004; 08/09/2005; 08/28/2007; 07/25/2013

 

Cross Refs:     IGBCA, Programs for Homeless Students

IGBE, Students in Foster Care

IHB, Class Size

 

Legal Refs:     §§ 162.1040 - .1059, 163.011, 167.121 - .151, 168.151, RSMo.

8 U.S.C. §§ 1101, 1372

Breitenfeld v. Sch. Dist. of Clayton, __ S.W.3d__ (Mo.banc 2013)


Lindbergh Schools, St. Louis, Missouri

 

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For Office Use Only: JECB-C.LDB (07/13)

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