Which School District is Responsible for Educating Your Child?
By Ira M. Fingles, Esq. and Hillary D. Freeman, Esq.
Sometime, particularly in situations of divorce or separation, there is a question of which school district is responsible for educating a student with a disability. The answer hinges upon the definition of domicile.
A student is domiciled in a school district if (1) he or she is living with a parent or guardian who’s permanent home is within the district; (2) lives with a person, other than the parent or guardian, who is domiciled within the district and is supporting the student without compensation, as if the student were his or her own child, because the parent cannot support the child due to family or economic hardship; or (3) the child was placed in the home of a district resident by court order. There are, however, increasing situations where the child may reside in two different towns because of their family situation. When this occurs, school districts often question whether it is in fact the school district responsible for educating the student and may challenge the student’s residency.
Here are some factors that the Courts have relied upon when making this determination:
(1) Has a primary custodian been appointed for the student?
(2) Does the student live in one location more often than the other?
(3) Who purchases clothes for the student?
(4) Who pays for the student’s medical bills?
(5) Who consents to the IEP or §504 plan for the student?
If it is determined that the student has been educated by the wrong district, the parents may be obligated to reimburse the district for educational expenses. Prior to this occurring, however, parents are afforded due process procedures to challenge the district’s residency determination.
Hinkle,
Fingles, & Prior a multi-state law practice with offices in Lawrenceville, Cherry Hill, Florham Park, and Paramus, New Jersey, and Plymouth Meeting and Bala Cynwyd, Pennsylvania. They lecture and write frequently on topics of elder law, estate planning, special needs trusts, guardianship, special education, health care insurance & Medicaid, and accessing adult services and are available to speak to groups in New Jersey and Pennsylvania at no charge.
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2009 Hinkle, Fingles & Prior, Attorneys at Law. All rights reserved.
