Reply to How easy or difficult is it to transfer schools due to childcare?

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[quote=Anonymous][quote=Anonymous]FWIW, we have friends who moved to Loudoun County, and are renting out their Fairfax County townhome. Their kids continue to attend the FCPS school that their rented townhome is zoned to. I always thought that cannot be done, but they are doing it. According to them, since they own the home and are paying taxes on it, FCPS legally allows them to send their kids to that school. They have to provide their own transportation of course, but since they drive by the school on their way to work, it works for them.[/quote]

Agree with PP.  This is absolutely not legal, and for them to say so is a lie. Here is Regulation 2202.  Unless this family meets one of these requirements, they need to be paying tuition.  There is NOTHING here about owning a second home and paying taxes.

[b]III. NONTUITION-PAYING STUDENT[/b]
A person of school age (i.e., a person who will have reached his or her fifth birthday on or
before September 30 of the school year and who has not reached 20* years of age on or
before August 1 of the school year) is eligible for admission on a nontuition basis if
residing in Fairfax County. [b]A person of school age shall be deemed to reside in Fairfax
County when such person meets one of the following criteria:[/b]

A. [i]Is living with a natural parent or parent by legal adoption who actually resides in
Fairfax County.[/i]

B. Is living with an individual who is defined as a parent in Section 22.1-1 of the Code of
Virginia, not solely for school purposes, pursuant to a special power of attorney
executed under Title 10, United States Code, Section 1044b, by the custodial parent
while such custodial parent is deployed outside the United States as a member of
the Virginia National Guard or as a member of the United States Armed Forces.

C. Is living with a person in loco parentis who actually resides in Fairfax County and the
parents of such student are deceased.

D. Is a resident of a military or naval reservation located wholly or partly within Fairfax
County and is a domiciled resident of the commonwealth of Virginia, or if not a
domiciled resident of the commonwealth of Virginia, is a student for whom federal
funds provided under Public Law 874 of 1950 constitute 50 percent or more of the
total per capita cost of education in FCPS exclusive of capital outlay and debt
service.

* Notwithstanding the above, Fairfax County residents who have not reached 22 years of age on
or before August 1 of the school year are eligible for admission on a nontuition basis if they are
students for whom English is a second language and who first entered school in Virginia after
reaching the 12th birthday. Fairfax County residents receiving special education services who
have not graduated with a standard or advanced studies high school diploma are eligible for
admission on a nontuition basis if they have not reached 22 years of age on or before
September 30 of the school year.

E. Is a resident of federal property in the District of Columbia who was enrolled as a
domiciled resident of Fairfax County in FCPS but whose parents were subsequently
required, as a result of military or federal orders, to relocate and reside on federal
property in the District of Columbia.

F. Reaches the age of 18 and actually resides in Fairfax County, or becomes a
registered voter in Fairfax County and actually resides in Fairfax County.

G. Resides in Fairfax County, not solely for school purposes, as an emancipated minor.

H. Becomes a resident in another jurisdiction within 60 calendar days of the end of the
school year, but requests to continue attending his or her previously assigned school
on a nontuition basis until completion of the school year, subject to the condition that
transportation will not be provided by the school system.

I. Resides in Fairfax County with no intent of changing residency to that of his or her
parents, and meets all of the following conditions:

1. The resident with whom the student is living is either (i) the court-appointed
guardian or has legal custody of the student or (ii) acting in loco parentis
pursuant to placement of the student for adoption by a person or entity
authorized to do so under Section 63.2-1200 of the Code of Virginia.

2. The student is not living with the nonparents for the sole purpose of obtaining
Fairfax County school privileges as determined by the Division
Superintendent after full review of all related evidence.

3. The student's parents are unable to care for the student. Independent
documentation must be provided regarding family circumstances, such as
severe medical condition, incarceration, child abuse, or extreme
estrangement between parents and children.

A student may be permitted to attend school for a limited time, pending a court
hearing, with evidence of a petition having been filed with the court, and having
satisfied all other documentary provisions of this policy.

J. As outlined in the current version of Regulation 2205, Enrollment of Homeless
Students, is a student lacking a fixed, regular, and adequate nighttime residence,
and the primary nighttime residence is located within the school division or on
property located in multiple jurisdictions. A student attending FCPS who becomes
homeless and moves into temporary housing outside Fairfax County is eligible to
remain in his or her current school on a nontuition basis until permanent housing is
established.

K. Is an over school-age person residing in Fairfax County and enrolled in day and/or
evening adult education classes primarily for the purpose of completing high school.

The burden of establishing and/or providing proof of the student’s residence is the
responsibility of the parent or guardian. [i][b]Bona fide residence is one’s actual residence,
maintained in good faith, and does not include superficial residence established for the
purpose of free school attendance. If it is determined that a student has fraudulently
enrolled in FCPS, the student shall be withdrawn, and the parent or guardian shall be
liable for tuition for the entire time of fraudulent enrollment.[/b][/i][/quote]

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