Rockingham County Public Schools Admission of Non-Resident Students Policy JEC-R Update School Board Meeting February 11, 2013

File: JEC-R ADMISSION OF NON-RESIDENT STUDENTS AND SCHOOL ATTENDANCE AREAS A.Criteria. It is the policy and practice of the Rockingham County School Board ("School Board") to conditionally accept non-resident students upon the special permission of the Division Superintendent and the School Board. For purposes of this regulation, a non-resident student is one who does not satisfy the requirements of Virginia Code Section for free attendance. As contemplated by the Code of Virginia, tuition shall be charged and non-resident students shall be admitted upon review of and accepted within the following criteria: 1.A written application must be submitted to the Division Superintendent or designee in such form as prescribed by the Division Superintendent or designee, including complete student disciplinary history, made and signed under oath by the primary custodial parent or guardian of the non-resident student. 2.Any admission of a non-resident student shall be on the condition that such student shall attend the school within the Rockingham County Public Schools Division ("School Division") that is closest to the residence of the primary custodial parent or guardian. In the event that such school has been identified as being at full capacity, as described in Paragraph (A)(3) below, the Division Superintendent may designate one or more other schools at which the non-resident student may be admitted. 3.The admission of a non-resident student shall not impact the individual school enrollment in such a manner as to cause or contribute to overcrowding or require additional teachers or staff and/or classes or courses to be added in the school. Under any and all circumstances, a non-resident student shall not be admitted to a school previously identified by the Division Superintendent or designee as being at full capacity for the upcoming or current Rockingham County Public Schools (“RCPS”) school year. 4.A non-resident student who has been expelled or long-term suspended shall not be considered for admission until the earliest time when the school board or school taking such action would have reinstated such student. 5.Any admission of a non-resident student shall also be on the condition that the student accepts and shall be subject generally to the policies and regulations of the School Board and the rules of the school attended; except, to the fullest extent permitted by law, the student and the primary custodial parent or guardian shall be deemed to have waived any right to notice and an opportunity to be heard concerning any violation involving the student’s misconduct. 6.Any admission of a non-resident student shall further be on the condition that school administrators have the right to remove any non-resident student who violates either School Board or individual school regulations from school enrollment. B.Duration. The admission of non-resident students shall be only for the duration of the upcoming or current RCPS school year. A non-resident student and the primary custodial parent or guardian shall reapply to the Division Superintendent or designee annually for each RCPS school year that such non- resident student desires to attend.

C.Tuition. Non-resident students shall be charged tuition in the amount established by the School Board for the entire school year, even if attendance is for less than the school year. Such tuition shall be paid in full by the non-resident student, in current funds, and shall be received by the School Division prior to the admission of the non-resident student. There shall be no exceptions to this required payment of tuition, except as expressly stated in this regulation and as expressly provided in Virginia Code Section and RCPS Policy JEC (e.g., students whose primary custodial parent is deployed outside the United States, homeless students, and students placed in foster care). The amount of tuition paid by non-resident students does not include other fees and costs that may be charged by the school and/or School Division to all students; examples of such fees and costs include without limitation instructional fees, field trip costs, and parking permits. Under any and all circumstances, the tuition payments received by the School Division pursuant to this regulation shall be nonrefundable and non-proratable. The following non-resident students shall be excused from paying tuition: 1.Foreign Exchange Students. Students attending RCPS under a foreign exchange program approved by the School Board shall be admitted without the payment of tuition. 2.Students with a Change in Residency. A student who begins the school year as a bona fide resident of the School Division but whose residency changes during the course of the school year shall be allowed to complete only the current semester without paying tuition. 3.Children of RCPS Employees. Full-time, regular employees of the School Board, whether such employee is a non-resident or resident of the School Division, may enroll their children in the School Division free of tuition, except as provided in Section D below. The above referenced non-resident students shall only be excused from the payment of tuition. The remaining, otherwise applicable, terms and conditions set forth in this regulation shall apply to such students. D.Special Education. 1.A non-resident employee’s or other non-resident parent or guardian's proposed registration of a child with disabilities does not create a legal obligation for the School Board to provide the child with a free appropriate public education ("FAPE") under federal or Virginia law. 2.In the event that a non-resident disabled student is admitted to the School Division, the resident school division shall be solely responsible for the necessary and reasonable expenses incurred by the School Board in providing the student with educational services, beyond any state and federal funds paid to the School Board for resident students. The resident school division shall be responsible for such expenses under any and all circumstances, including whether the non-resident disabled student sought admission to the School Division because the resident school division determined that it cannot provide FAPE or that it has no appropriate placement, the resident school division declined to provide the parent’s or guardian’s preferred education program under an Individualized Education Plan ("IEP") or plan made pursuant to Section 504 of the Rehabilitation Act of 1973 ("504 Plan") for the student, or the resident school division agreed to an alternative placement pursuant to the IEP or 504 Plan for the student. 3.For non-resident students with disabilities to be enrolled in the School Division, whether or not the child of a School Board employee, there must be a prior written School Division agreement with the resident school division for payment of tuition and all costs, including but not limited to those for all related services. The Division Superintendent or designee shall make the decision on an application for enrollment of a non-resident disabled student after consulting with the Director of Pupil Personnel Services.

E.Elementary School Students. Primary custodial parents or guardians who are residents of the School Division seeking for their elementary child to attend school in another attendance area within the School Division must apply annually in writing to the Division Superintendent or designee. Middle and high school students shall attend middle and high school in the attendance area where they reside absent extraordinary circumstances beyond the control or result of action of such parent or guardian. F.Transportation. All transportation to and from school and any school-related activities must be provided by the parent or guardian of non- resident students. RCPS buses will not pick up or discharge pupils outside of Rockingham County or home attendance area without the prior approval of the Director of Transportation. G.The School Board intends for this regulation to be a pilot regulation, in effect solely for the school year. The School Board shall further review this regulation. Adopted: ________________________________________________________________________ ___________________________________________________________________________ Legal Ref.:Va. Const. art. VIII, § 7; Code of Virginia, 1950, as amended, §§§ , , ; Va. Op. Atty. Gen. 422 Cross Ref.:JECAAdmission of Homeless Children JECCAdmission of Foreign Exchange Students 1/10 RCPSROCKINGHAM COUNTY SCHOOL BOARD Revised: ___/2012

Application for Nonresident Attendance in RCPS under Special Permission School Year _______________ Student Information Student Name ______________________________________________________________________________________________________________ Last First Middle Current School Division/Locality ________________________________________________________________________________________________ Date of Birth ____________________ Grade for school year requested _____________________ Closest RCPS school _________________________ Latest school attended ___________________ Special classes, programs or services requested /required_________________________________________________________________________ ______________________________________________________________________________________________________________________ Has Current School Division Already Consented and Agreed in Writing to Pay RCPS for Special Classes, Services, etc.?_______. Please list disciplinary history at all schools student has attended and is attending, including current or previous suspensions or expulsions (if necessary, please attach an additional page) ______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Parent/Guardian Information Parent/Guardian Name _________________________________________Telephone Number ______________ Home Address _____________________________________________________________________________ If other than parent, attach a copy of the order for guardianship as entered by a court of competent jurisdiction. Note: An application must be fully completed for each new school year and must be submitted to the Superintendent’s Office. Non-resident attendance acceptance expires at the end of each school year if not otherwise withdrawn or terminated earlier for some other reason.

VERIFICATION— By my signature below, upon my oath and under penalty of perjury, I swear or affirm and certify that: the foregoing information and any attachments or enclosures are true and complete; I have received a copy of Rockingham County Public Schools (“RCPS”) Regulation JEC-R, which sets forth the terms and conditions upon which the referenced non-resident student may be accepted for attendance in RCPS; I fully understand and agree to the terms and conditions set forth in RCPS Regulation JEC-R; I fully understand and agree that if this request is approved, my child must be at school on time each day, transportation will NOT be provided by RCPS, that I have no reason to suspect or anticipate that there will be any behavior, discipline or attendance issues with the student, any tuition fees must be paid in full before enrolling in and attending RCPS, with such tuition being non-refundable under all circumstances, attendance under special permission is a privilege, the student and I/we become subject to all obligations upon students and parents upon the student policies, regulations and guidelines of RCPS and the rules of the school attended, including the Code of Student Conduct, and any failure by the student or me/us to adhere to those policies, regulations and guidelines will result in immediate conclusion of attendance privileges, without any refunding of tuition. _________________________________ [SEAL] Parent(s)/Guardian(s) COMMONWEALTH OF VIRGINIA) CITY/COUNTY OF ) The foregoing instrument appeared was subscribed and sworn before me on this ___ day of _______________, 20____ by _____________________________________. My commission expires:. My registration number is:. Notary Public

School Year Data Tuition: $3,000 Number of Information Packets Requested/Mailed: 13 Number of Students Attending from Out of Attendance Area: 5 Elementary Peak View Elementary – 1 Kindergarten; 1 Second Grade Middle Wilbur S. Pence Middle School – 1 Seventh Grade High Turner Ashby High School – 1 Tenth Grade; 1 Eleventh Grade