Readers Write: District students must live in school district

The Island Now

We are writing to remind members of our school community that all students who attend Manhasset Public Schools must be Manhasset Union Free School District (“District”) residents in accordance with New York State Education Law §3202 and Board of Education Policy 5151. The lawful and consistent enforcement of student residency requirements is one of the many ways that the District endeavors to safeguard the interests of our taxpayers and to maximize resources for our students.

Any individual with information indicating that a family or student may be in violation of the district’s residency policies may contact the district (anonymously, if preferred) by telephone at 516-267-5212 or by email at tips@manhasset.12.ny.us.

A student’s residence is presumed to be that of his or her parents or legal guardians. 

Residency within a particular school district requires both physical presence as an inhabitant in the district and the intention to reside in that district. A student who claims to reside with someone other than his or her parents or legal guardians must meet the strict residency standards set forth in New York State Law and administrative decisions of the New York State Commissioner of Education (“Commissioner”). 

For example, a student will be deemed a nonresident if he or she resides with someone other than a parent or guardian for the sole purpose of attending Manhasset Public Schools. In addition, a student will be deemed a nonresident if his or her parent or guardian falsely claims to reside with a friend, relative or acquaintance within the District.

Manhasset residents, of course, are entitled to all the benefits of a Manhasset public education. 

However, students who are not Manhasset residents – regardless of their race, color, gender, religion, national origin, immigration status, sexual orientation, age or disability – are not permitted to attend Manhasset Public Schools, as it places an unfair burden upon our law-abiding District taxpayers who must then fund the costs of education and services for nonresidents. Nonresidents whose children attend Manhasset Public Schools illegally will be pursued and prosecuted to the fullest extent of the law.

The district routinely conducts residency investigations and makes announced and unannounced home visits to verify whether students actually reside within the district. Any student who is found to be enrolled in Manhasset Public Schools in violation of the District’s residency policies will be dismissed from school immediately in accordance with such policies. 

Anyone who submits false claims or documents in order to enroll a nonresident child in Manhasset Public Schools may be subject to legal and financial consequences. Effective July 1, 2014, anyone who violates the District’s residency policies will receive a tuition bill for the total cost of providing educational services to each nonresident student for the full period of non-residency, retroactive to the first day of admission. 

The district’s annual tuition rate as established by the New York State Education Department is approximately $17,000 per child. 

Please be advised that public school districts have the right to sue individuals to recover the cost of educating nonresident students based upon causes of action for fraud and/or misrepresentation. Accordingly, legal proceedings may be instituted for the prompt collection of nonresident tuition. 

Please be advised that theft of governmental services is a crime punishable under the New York State Penal Law. 

Any false statement or document submitted in connection with a child’s application to enroll in Manhasset Public Schools may result in individual liability for civil and/or criminal penalties. Any such false statement or document may be used as evidence against the individual in any legal proceedings pursued by the district. When circumstances warrant, the district has and will continue to refer such matters to appropriate law enforcement and regulatory authorities, including but not limited to the Office of the Nassau County District Attorney. 

Thank you for your anticipated cooperation. Please do not hesitate to contact my office with any questions or concerns you may have regarding residency matters.

Rosemary Johnson

Deputy Superintendent for Business and Finance

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