We enroll all children who meet the age, residency, and public health requirements established by New York State law. We also enroll students who are considered homeless, following the standards and procedures of federal and state law.
Conditional Enrollment and Attendance
When a child’s parent, or a person in parental relation to a child, requests enrollment of the child in our school district, we enroll the child on a conditional basis, and the child is expected to begin attendance the next day or as soon as necessary arrangements can be made. Enrollment is considered conditional pending our review of documentation presented by the child’s parent, or the person in parental relation to the child. The child shall continue to be conditionally enrolled, and expected to attend school pending a complete review of documentation, as well as the duration of any review of an unfavorable decision.
Process and Documentation for Enrollment Review
The determination regarding the student’s eligibility for continued enrollment, including the student’s residency status is made by the Superintendent of Schools. The required documentation should be provided to the appropriate building principal.
For purposes of processing an enrollment request, the District does not request a Social Security card or number, and does not request any information about the immigration status of the child or the adult requesting the student’s enrollment.
The District seeks documentation to verify that the child to be enrolled resides with the parent or person in parental relation, and that the parent or person in parental relation maintains a physical presence in the District that qualifies as a residence.
To establish that the child resides with the parent or person in parental relation, the District requests that the adult sign an affidavit that the child lawfully resides with them. In the case of a person in parental relation, the affidavit must also state that the adult has total and permanent custody and control of the child, and explain how they obtained that custody and control.
To establish that the adult maintains a residence in the District, the District first requests this documentation:
- A copy of a residential lease or proof of ownership of a house or condominium;
- A statement signed by a landlord, property owner, or tenant from whom the adult leases or rents property, or with whom the adult shares property within the District (the District prefers a sworn statement, but this is not required); or
- Some other signed statement from a third party establishing that the adult maintains a physical presence within the District.
If these forms of documentation are not available, the District will accept for review other forms of documentation of residency, including but not limited to:
- Pay stub;
- Income tax form;
- Utility or other bills;
- Membership documents based on residency (e.g., library card);
- Voter registration documents;
- Official driver license, learner permit, or non-driver identification;
- State or other government issued identification or documents relating to government services or benefits, and
- Evidence of custody of the child.
As a general rule, the district does not accept enrollment of out of district students. When a student moves out of the district mid-year, non-resident families who wish to enroll their children in the Herkimer School District shall submit a written admission request to the Superintendent, who shall determine whether or not admission will be granted in accordance with District policy. Permission must be obtained on an ANNUAL basis for non-resident students to continue to attend Herkimer Central Schools.
Continued attendance in our school district will be strictly governed by the practices and policies of the school district. In addition, it should also be understood that as a non-resident student, the student and the parents must assume the responsibility for daily transportation to and from school.
Age of Child
A child will be enrolled if the child will be age 5 before Dec. 1 of the school year for which the student seeks to enroll, and will be enrolled through the school year in which the child either completes high school graduation requirements or reaches age 21.
If there is available a certified transcript of a birth certificate or record of baptism, including a certified transcript of a foreign birth certificate or certificate of baptism, no other form of evidence will be accepted to establish the child’s age.
If a certified transcript of a birth certificate or record of baptism is not available, the District will request a passport, including a foreign passport, to establish the child’s age.
If neither a certified transcript of a birth certificate or record of baptism, or a passport, is available, the District will consider other documentation, including but not limited to the types in this list, provided that those documents have been in existence for two (2) years or more:
- Official driver’s license for the child;
- State or other government issued identification, or government agency documents providing a date of birth or age;
- School photo identification with date of birth;
- Consulate identification card;
- Hospital or health records;
- Military dependent identification card;
- Court orders or court issued documents;
- Native American tribal documents; or
- Records from non-profit international aid agencies and voluntary organizations.
Where documents are presented that originate in a foreign country, the District may request verification of the documents from an appropriate foreign government of agency, consistent with the requirements of FERPA concerning the confidentiality of education records.
Public Health Requirements
The District requires proof of immunization, as required by Section 2164(7) of the New York State Public Health Law, before a student may attend school. Those requirements can also be reviewed in Board Policy #7511, Immunization of Students. The District will also exclude an enrolled student from attending school when the student has a communicable or infectious disease that imposes a significant risk of infection of others, as required by Section 906 of the New York State Education Law.
Determination Regarding Continued Enrollment
In the usual case, a determination of whether the child is entitled to continue attendance in the District will be made by the Superintendent of Schools within three (3) business days of the child’s initial enrollment. This time period may be extended where additional documentation is required, or verification is required. Each parent or person in parental relation who seeks to enroll a child will be provided a reasonable opportunity to submit available information. A written notification of the determination will be provided to the parent or person in parental relation who requested the enrollment.
If the determination has been made by a school official other than the Board or its designee, the parent or person in parental relation will be notified of the procedure for obtaining a review of that determination within the District.
When the Board or its designee determines that a child is not entitled to attend school in the District because the child is not a resident of the District, the written notice of that determination will be provided to the parent or person in parental relation within two (2) business days of the determination, and it will include this information:
- That the child is considered not entitled to attend school in the District because of nonresident status;
- The specific basis for the determination that the child is not a resident of the district, including a description of the documentary and other evidence upon which the determination is based;
- The date on which the child will be excluded from school; and
- That the determination may be appealed to the Commissioner of Education, in accordance with Education Law Section 310, within thirty (30) days of the date of the determination, and that the instructions, forms, and procedures for taking such an appeal (including translated versions of the instructions and forms) may be obtained from the Office of Counsel online or by mail addressed to the Office of Counsel, New York State Education Department, State Education Building, Albany, NY 12234, or by calling the Appeals Coordinator at (518) 474-8927.