5118 - RESIDENCY POLICY
The Newtown Board of Education (“Board”) shall furnish, by transportation or otherwise, school accommodations in accordance with federal and state law.
If the Newtown Public Schools (“District”) denies school accommodations, including a denial based on an issue of residency, it shall inform the parent or guardian of such child or the child, in the case of an emancipated minor, a student eighteen years of age or older or an unaccompanied youth, of the right to request a hearing by the Board in accordance with Connecticut General Statutes Section 10-186.
To facilitate compliance with Board policy and applicable law, the Board directs the Administration to develop administrative regulations regarding procedures for establishing and verifying residency for purposes of enrollment and school accommodations.
Legal References:
Federal Law:
The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student Succeeds Act, Pub. L. 114-95.
Martinez v. Bynum, 461 U.S. 321, 328 (1983)
Plyler v. Doe, 457 U.S. 202 (1982)
U.S. Department of Justice and U.S. Department of Education, Dear Colleague Letter, May 8, 2014
State Law:
Connecticut General Statutes
10-15f Interstate Compact on Educational Opportunity for Military Children
10-253 School privileges for children in certain placements, nonresident children, children in temporary shelters, homeless children and children in juvenile residential centers. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems
10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment
of hearing board. Readmission. Transfers
State Department of Education, Enrollment Guidance for Parents or Guardians Enrolling Children in a Connecticut Public School, available at https://portal.ct.gov/-/media/SDE/Digest/2022-23/Model-Enrollment-Guidance.pd f.
State Department of Education, Memorandum regarding Guidance for Connecticut School Districts: Enrollment Process and Practice (Aug. 22, 2017), available at https://portal.ct.gov/-/media/SDE/Legal/Enrollment/Enrollment-GuidanceMemo8 -22-17.pdf
State Department of Education, Guidance for Connecticut School Districts: Enrollment Process and Practice, available at
https://portal.ct.gov/-/media/SDE/Legal/Enrollment/Enrollment-GuidanceAugust 2017Updates.pdf
State Department of Education, Guidance for Connecticut School Districts: Enrollment Process and Practice At-a-Glance Overview, available at portal.ct.gov/-/media/SDE/Legal/Enrollment/EnrollmentAtAGlanceCSDE.pdf
ADOPTED: October 6, 2026 Newtown Public Schools Newtown, CT
ADMINISTRATIVE REGULATIONS REGARDING RESIDENCY
The Newtown Board of Education (“Board”) shall furnish, by transportation or otherwise, school accommodations in accordance with federal and state law. The Board shall provide school accommodations to any child (or eligible individual over the age of eighteen) who, in accordance with Connecticut law, resides in Newtown, Connecticut, meets the state’s age requirements, and has not graduated from high school. The Board’s commitment to providing school accommodations to all children (and eligible adults) who reside in Newtown includes those who are not citizens and/or whose parents are not citizens. In addition, the Board shall provide school accommodations to children who are homeless and unaccompanied youth in accordance with state and federal law and the Board’s policy regarding Homeless Students, and in any other circumstances required by law.
The Administration has approved the following procedures to facilitate compliance with Board policy and applicable law, as they relate to establishing and verifying residency for purposes of enrollment and school accommodations. The procedures described in these administrative regulations, including the requirements for the completion of forms, shall be used for all students enrolled in, or seeking to enroll in, the Newtown Public Schools (the “District”), unless a student is entitled to attend District schools in accordance with the Board’s Non-Resident Admission/Tuition Students policy. Notwithstanding the foregoing, if any procedure or form described in these administrative regulations conflicts with the procedures described in the Board’s Policy regarding Homeless Students, the provisions of that policy shall control.
In addition, prior to attending school, in accordance with state law and Board policy, the District will require proof of age and adequate proof of health assessments and immunizations.
I. PROOF OF RESIDENCY
A. Prior to Enrollment
In order for a student to enroll in the District, the student’s parent or legal guardian, or the student if the student is eighteen years or older or an emancipated minor (an “adult student”), must show proof of residency.
For children who live in Newtown with their parents, or for adult students, the District shall require completion of the Verification of Residence, Certification of Residence, and/or additional documentation that may be necessary to establish residency.
For children or adult students whose parents do not reside in Newtown, parents, guardians, and/or adult students must demonstrate that the student has established residency in Newtown with “another person” under the following conditions:
1. Residency with another person is intended to be permanent.
2. Residency is provided without pay from the student or the student’s family. 3. Residency is not for the sole purpose of obtaining school accommodations in Newtown Public Schools.
In such circumstances, the parent or adult student shall submit a notarized Residency Affidavit and Parent’s or Adult Student’s Statement, and the other person shall sign a notarized affidavit, the Host’s Statement, indicating that the student is residing with them.
The District shall carefully review affidavits, documentation, and other available evidence and inform the parent, guardian, or adult student of the results of such review.
B. When There Is Reason to Believe an Enrolled Student Is No Longer Entitled to School Accommodations in the District
The District recognizes that there may be circumstances in which there is reason to believe that a student attending school in the District is not entitled to school accommodations based on residency. In such instances, the District shall seek additional information and documentation from the student’s parent or legal guardian, the individual with whom the student lives, and/or the adult student. Depending on the particular facts and circumstances, the District may direct the parent, guardian, other responsible adult and/or adult student to submit and/or complete relevant documentation, including but not limited to documents described in Section I.A of these regulations.
The District shall carefully review affidavits, documentation, and other available evidence and inform the parent, guardian, or adult student of the results of such review.
II. DECISIONS REGARDING RESIDENCY AND ENROLLMENT
The decision regarding the residency status of any student shall be made by the Superintendent or designee. The Superintendent or designee’s decision and approval of the enrollment of a non-resident student in any school year shall not be binding in any subsequent school year. At the end of each school year, the Superintendent or designee will review the status of each non-resident student enrolled pursuant to this policy and the Board’s policy on Non-Resident Admission/Tuition for approval or denial for the ensuing school year. The Superintendent’s decision regarding the acceptance for enrollment or continued enrollment of a non-resident student under the Board’s policy on Non-Resident Admission/Tuition is final and not appealable to the Board of Education.
III. DENIAL OF SCHOOL ACCOMMODATIONS ON THE BASIS OF RESIDENCY
If a student is denied school accommodations for residency reasons, the District shall inform the parent, guardian, or adult student of the right to request a hearing before the Board in writing within ten (10) school days of receiving notice of denial of school
accommodations. A copy of the Board’s Residency policy and these regulations shall also be provided.
The Board shall provide a hearing within ten (10) days after receipt of such request. The Board may (A) conduct the hearing, (B) designate a subcommittee of the board composed of three board members to conduct the hearing, or (C) establish a local impartial hearing board of one or more persons not members of the Board to conduct the hearing. After such hearing is held, the Board shall (1) make a stenographic record or tape recording of the hearing; (2) make a decision on student eligibility to attend District schools within ten (10) days after the hearing; and (3) notify the parent, guardian, or adult student of its findings. Hearings shall be conducted in accordance with the provisions of Section 10-186 of the Connecticut General Statutes.
Any parent, guardian, or adult student aggrieved by the Board’s finding shall, upon request, be provided with a transcript of the hearing within thirty (30) days of such request and may take an appeal from the finding to the State Board of Education (“State Board”). If an appeal is not taken to the State Board of Education within twenty (20) days of the mailing of the finding to the aggrieved party, the decision of the Board, subcommittee or local impartial hearing board shall be final.
If a State Board hearing is requested in writing, the student has the right to attend District schools pending a hearing before the State Board. In addition, the Board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board.
If the State Board determines that the student was not a resident of the District and therefore not entitled to school accommodations in the District, a per diem tuition (equal to the District expenditure per student divided by 180) will be assessed for each day the student attended District schools when not eligible to attend.
Legal References:
Federal Law:
The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student Succeeds Act, Pub. L. 114-95.
Martinez v. Bynum, 461 U.S. 321, 328 (1983)
Plyler v. Doe, 457 U.S. 202 (1982)
U.S. Department of Justice and U.S. Department of Education, Dear Colleague Letter, May 8, 2014
State Law:
Connecticut General Statutes
10-15f Interstate Compact on Educational Opportunity for Military Children 10-253 School privileges for children in certain placements,
nonresident children, children in temporary shelters, homeless children and children in juvenile residential centers. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems
10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment
of hearing board. Readmission. Transfers State Department of Education, Enrollment Guidance for Parents or Guardians Enrolling Children in a Connecticut Public School, available at https://portal.ct.gov/-/media/SDE/Digest/2022-23/Model-Enrollment-Guidance.pd f.
State Department of Education, Memorandum regarding Guidance for Connecticut School Districts: Enrollment Process and Practice (Aug. 22, 2017), available at https://portal.ct.gov/-/media/SDE/Legal/Enrollment/Enrollment-GuidanceMemo8 -22-17.pdf
State Department of Education, Guidance for Connecticut School Districts: Enrollment Process and Practice, available at
https://portal.ct.gov/-/media/SDE/Legal/Enrollment/Enrollment-GuidanceAugust 2017Updates.pdf
State Department of Education, Guidance for Connecticut School Districts: Enrollment Process and Practice At-a-Glance Overview, available at portal.ct.gov/-/media/SDE/Legal/Enrollment/EnrollmentAtAGlanceCSDE.pdf
ADOPTED: October 6, 2026 Newtown Public Schools Newtown, CT
***SEE PDF FOR FORMS