JFAB - Admission of Non-Resident Students

JFAB - ADMISSION OF NON-RESIDENT STUDENTS

1. Purpose
   The purpose of this policy is to provide clear, lawful guidelines for when Regional School Unit 21 (RSU 21) may admit non-resident students. It defines the circumstances under which enrollment is permitted and ensures that all legal requirements applicable to resident students also apply to non-resident students.
    
2. Definitions
   1. Non-Resident Student:
      A non-resident student is a student whose parent does not reside within the school unit, as defined in this policy JFAA. A student is considered non-resident when the parent does not maintain a bona fide residence—meaning an actual home lived in and maintained in good faith, where the family conducts its daily life (eating, sleeping, and living)—within the school unit for the year in which the student seeks admittance or enrollment. A student is also deemed non-resident when the Parent’s presence in the school unit is based on a temporary, superficial, or school-year-only arrangement (such as a winter rental or short-term lease) while the Parent maintains their actual home elsewhere.
   2. Contract for School Privileges:
      A formal, written agreement approved by the governing boards of two or more local school administrative units under 20-A M.R.S.A. §§ 2701–2703, pursuant to which all or a portion of a unit’s resident students are permitted to attend school in another unit. The contract defines the rights and obligations of the parties, including tuition payments, enrollment terms, and the educational services to be provided.
   3. Superintendents’ Agreement:
      A written agreement between the superintendents of two local school administrative units, as defined in 20-A M.R.S.A. § 5205(6), that allows an individual student to attend school outside of the student’s district of residence. A Superintendents’ Agreement applies to specific students, does not require school board approval, and may be terminated by either superintendent in accordance with law.
   4. Tuition Student:

A non-resident student who is permitted to attend school in a school administrative unit upon payment of tuition, as authorized under 20-A M.R.S.A. §§ 5801–5814. Tuition students may be accepted pursuant to a tuition contract.

3. Conditions for Non-Resident Admission
   Individual non-resident students may be accepted under any of the following conditions:
   1. Pursuant to a contract for school privileges with another local school administrative unit as provided under 20-A M.R.S.A. §§ 2701-2703;
   2. Pursuant to a Superintendent’s agreement as that term is defined under 20-A M.R.S.A. § 5205(6); 
   3. Pursuant to Board approval to accept tuition students, in absence of a tuition contract (listed in subsection 3a) or a Superintendent’s agreement (listed in subsection 3b) as provided under 20-A M.R.S.A. §§ 5801-5814; or,
   4. In accordance with exceptions to the general residency rules pursuant to Maine and federal law, such as legal requirements related to the educational placement of homeless students, other students not living at home, students placed by state agencies, etc.

All legal requirements regarding age, health examinations, immunizations, etc., which apply to resident students shall also apply to non-resident students accepted for enrollment in this school system.

Legal References:

20-A M.R.S.A. §§ 2701, 2702, 2703

20-A M.R.S.A. §§ 5203, 5204, 5205

20-A M.R.S.A. §§ 5801-5814

42 U.S.C. §§ 11431-11435

Cross References:

JFAB - R - Administrative Procedures for Admission of Non-Resident Students

JFAA - Admission of Resident Students

JGAA - Assignment of Students to Classes - 5 year olds

JLG - Education of Homeless Children and Youth

JFABD - Education of Homeless Students

Adopted: 07/07/2008

Reviewed: 02/01/2010

Revised: 03/02/2026