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JFAB - Admission of Non-Resident Private Tuition Students

  • Section J: Students

JFAB - Admission of Non-Resident Private Tuition Students

The RSU 21 Board of Directors adopts this policy for accepting non-resident
students whose parents wish to pay tuition to RSU 21 to allow their child(ren) to
attend District schools.

1. RSU 21 shall accept non-resident private tuition students by application
only. Application shall be made to the Admissions Committee. Admission
may be denied to any non-resident private student who is currently subject
to an expulsion or suspension or is the subject of an expulsion or
suspension proceeding or who has a history of dangerous behavior or
conduct affecting the safety of a school in any way. Admission decisions
are made by the admissions committee on the basis of the application and
the other criteria identified in this policy. Appeal of a denial may be made
to the Superintendent of Schools, whose decision shall be final. A non-
resident private tuition student who is accepted will not be formally enrolled
in RSU 21 until the student’s parents have signed the Non-Resident Private
Tuition Student Agreement.

2. Non-resident private tuition students attending RSU 21 schools are entitled
to: (a) access to the District’s regular classes and co-curricular and
extracurricular programs on a space-available basis; (b) the provision of
any reasonable accommodations the Child Study Team (CST) determines
a student requires (in accordance with Paragraph 7) in order to participate
in the regular education program, as long as those accommodations do not
result in a substantial increase in costs to the District; and (c) access, on a
space-available and personnel-available basis (in accordance with
Paragraphs 3 and 8), to existing, in-District special education programs and
services that the CST determines a student requires in order to attend
District schools.

3. Otherwise eligible non-resident private tuition students shall be admitted
only if there is space and/or personnel available within existing programs or
classes that the student would be attending, as described in Paragraph 8.
Decisions regarding the availability of space or personnel for non-resident
tuition students in District programs and classes will be made by the
Superintendent or designee, and will be made in accordance with
applicable state and local requirements and guidelines governing program
and class size.

4. All requirements for enrollment in RSU 21 schools that apply to resident
students (such as age, health examinations and immunization
requirements) also apply to non-resident private tuition students.

5. Non-resident private tuition students are expected to meet the same
academic, extracurricular and behavioral standards and are subject to the
same disciplinary procedures as resident students, up to and including
expulsion. Any non-resident private tuition student whose enrollment is
recommended to be terminated for disciplinary reasons prior to the end of
the school year has the right to an expulsion hearing before the RSU 21
Board of Directors, as described in 20-A M.R.S.A. § 1001(9). The decision
of the Board is final.

6. RSU 21 has no obligations to non-resident private tuition students under
the Individuals with Disabilities Education Act (IDEA). A free appropriate
public education (FAPE) remains available to non-resident private tuition
students in the school district in which the student and his/her parent(s)
reside and RSU 21 has no obligation to provide a FAPE to non-resident
private tuition students under either the Individuals with Disabilities
Education Act (IDEA) or Section 504 of the Rehabilitation Act. The District
will not implement an Individualized Education Plan (IEP) or 504 Plan that
was developed for a non-resident private tuition student in a former school
or district.

7. All decisions regarding any accommodations and/or special education and
related services that a non-resident private tuition student with a disability
may need in order to participate in District schools will be made by a group
of persons knowledgeable about the student (the CST) after an individual
assessment of a student’s needs.

8. If the CST determines that a non-resident private tuition student with a
disability requires special education and/or related services to participate in
District schools, the student is entitled to access such services only on a
space-available and personnel-available basis, and only within existing, in-
District programs and from personnel currently employed by the District.
When determining whether space is available for a non-resident private
tuition student in any District special education program, a program will be
considered “closed” to non-resident private tuition students if 80% of the
spaces in the program are filled. A staff member will be considered
available to the student only if the staff member is serving no more than
80% of his/her maximum case load. The District shall not create new
programs or classrooms to serve non-resident private tuition students, hire
additional staff to serve those students, or serve non-resident private tuition
students in any educational program outside of the District.

9. The Superintendent may deny or revoke the admission of a non-resident
private tuition student if the Superintendent determines that the student
cannot obtain an appropriate education in existing programs or classes at
the school. In the case of students with disabilities, the Superintendent’s
decision will be made in consultation with, and after review of the
determinations of, the CST and in accordance with all applicable laws.

10. RSU 21 will charge an annual tuition up to the maximum rate permitted by
state law, 20-A M.R.S.A. § 5805, and shall include a debt service factor in
that tuition charge for newly incurred capital outlay and debt service to the
maximum extent permitted by law. Tuition amounts for the upcoming
quarter shall be paid in full by the first day of each school quarter. Failure
by a parent to pay tuition as due shall be grounds for revoking the
admission of the non-resident private tuition student. In the event of a
default in the timely payment of the tuition as set forth in this Agreement,
and if the District allows the student to continue to attend District schools,
all payments which are in arrears shall accrue interest at a rate of 18% per
year until paid in full, and the parents shall pay, in addition to the principal
and interest, all costs of collection, including reasonable attorney’s fees.

11. RSU 21 shall not furnish transportation for non-resident private tuition
students except where the student can otherwise access normal bus runs
offered by the District.

References: 20-A M.R.S.A. §§ 5203(1), 5204(1), 5801, 5804, 5805, 6001-B(3).
Adopted: 07/07/2008
Reviewed: 02/01/2010

  • Section J