JFABA-E - Privately-Placed, Non-Resident Student Tuition Agreement

JFABA-E - Privately-Placed, Non-Resident Student Tuition Agreement

RSU 21

WHEREAS, ________________________ (the “Parents”) desire to have their child, ___________ (the “Student”), attend RSU 21 (the “District”) schools for the 20__-__school year; and

WHEREAS, the Parents reside outside RSU 21 and the student has no legal right to attend District schools; and

WHEREAS, RSU 21 has no duty, legal or otherwise, to provide educational services of any kind to the Student, other than as provided in this Agreement;

NOW, THEREFORE, RSU 21 and the Parents hereby agree as follows:

The Parents agree to pay to RSU 21 tuition in the amount of $__________ for the Student’s attendance at ___________________ for the 20__-__ school year.

The District agrees to enroll the Student as a privately-placed, non-resident, tuition student for the 20__-__ school year under the terms of this Agreement.

This Agreement terminates on the last student day of the 20__-__ school year, and all District obligations under this Agreement end on that date, unless the Agreement is terminated earlier as described herein.

As a private, non-resident student in good standing in District schools, the Student is entitled to the following: (1) access to the District’s regular classes and co-curricular and extracurricular programs; (2) the provision of any reasonable accommodations the District’s Child Study Team (CST) determines the Student requires (in accordance with Paragraph 6 below) in order to successfully participate in the regular education program, as long as those accommodations do not result in a substantial increase in costs to the District; and (3) access, on a space-available and personnel available basis (in accordance with Paragraph 11 below), to existing, in-District special education programs and services that the CST determines the Student requires in order to successfully attend District schools.

The Parents agree that the District has no obligation to provide a free appropriate public education (FAPE) to the Student under either the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act, and the Parents acknowledge that the Student has no right to a FAPE while attending District schools and that the District will not implement an Individualized Education Plan (IEP) or 504 Plan that was developed for the Student in any former school or district. The Parents further acknowledge that a FAPE remains available to the student in the school district in which the Student and the Parent(s) reside.

All decisions regarding whether the Student has a disability under Section 504, and, if so, what accommodations, supports, or services the Student requires in order to successfully participate in District schools will be made by a group of persons knowledgeable about the Student, the CST, and only after an individual assessment of the Student’s needs.

The Parents agree that if the CST determines that the Student with a disability requires special education services and/or related services to successfully participate in District schools, the student is entitled to access such services only on a space- available and staff-available basis, and only within existing, in-District programs and from personnel currently employed at that time by the District.

Decisions regarding the availability of space for privately-placed, non-resident tuition students in existing, in- District programs will be made by the Superintendent or designee. When determining whether space is available for a non-resident student in any District program, 20% of the total spaces in each program will be reserved at all times for resident students and a program will be considered “closed” to new non-resident students when 80% of the spaces in the program are filled. Staff 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 never have a duty to hire
additional staff or serve the Student or to assign a current staff member to the exclusive use of the student, and shall never have a duty to serve the Student in any educational program outside of the high school.

The District will not accept or continue to enroll a student who, in the determination of the Superintendent or designee, requires special education and/or related services beyond those to which the Student is entitled under the terms of this Agreement.

The tuition charges specified in Paragraph 1 shall be payable in four equal payments, which shall be paid in advance of the first day of each quarter: (list dates). The Parents agree that, 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 further agree to pay, in addition to the
principal and interest, all costs of collection, including reasonable attorney’s fees.

All admission decisions will be made by the Admissions Committee, with an opportunity for appeal to the Superintendent, whose decision is final, and the District reserves the right to deny enrollment to any private, non-resident student for any reason not prohibited by federal or state non-discrimination statutes or regulations.

Privately-placed, non-resident tuition students are subject to the same enrollment requirements as resident students (age, immunizations, etc.).

The District will only enroll students who are in good academic and disciplinary standing in the school they last attended. The District will not enroll any non-resident student who is under suspension or expulsion from another district or school or who, in the opinion of the Superintendent or his/her designee, has a history of conduct involving dangerous behavior or affecting the safety of the school in any way.

The Parents agree to provide transportation for the Student to and from school.

Private, non-resident students will be subject to the same policies and rules of conduct as resident students and the District reserves the right to take disciplinary action, up to and including termination of enrollment in District schools, in response to misconduct by a non-resident student. Any private, non-resident tuition student whose enrollment is recommended to be terminated for disciplinary reasons prior to the end of the school year has the right to a hearing before the RSU 21 school board, as described in 20-A M.R.S.A. § 1001(9). The decision of the school board is final.

This Agreement may be terminated for the reasons specified herein. If the District terminates the Agreement prior to the end of a quarter, the District will reimburse the Parents a pro-rata share of any tuition already paid for any days remaining in the quarter after the termination date.

This Agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements and understandings, whether oral or written between the parties pertaining to the subject matter of the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date indicated.

_______________________________________ ____________________
Parent                                                                    Date

_______________________________________ ____________________
Parent                                                                    Date

For RSU 21, by

_______________________________________ ____________________
Superintendent                                                      Date

 

Updated: 1/12/26