Any child between the ages of five and 21 who has not already received a high school diploma is entitled to attend public school free of charge. That includes undocumented immigrants, children with disabilities and older teenagers who haven't been successful in school. In New York City, your child may start public school in September of the year that she turns five. There are pre-kindergarten programs for 4-year-olds, and a very few for 3-year-olds, but there aren't enough seats for all the children who want them. However, if your child is 5, the Department of Education must find a spot for him.

When you register your child during the school year, she should be placed in a class and begin school at once. The school is responsible for determining her educational needs, and if the school cannot fulfill them, your child is entitled to appropriate placement within five school days. If there are questions about placement or the child's documentation, she cannot languish while assessments or investigations are underway. She must be allowed to continue attending school.

On this page: Special circumstances | Determining your residence | What if you move?

Special circumstances

Students with disabilities have the same right to immediate enrollment as do children without disabilities. They also have the right to an "appropriate" public education that meets their needs. Too often when students with disabilities change residence, the Department of Education takes weeks or months before offering the child a school placement. This violates a student's rights under federal and state law. If your child with a disability is at home because the Department of Education has failed to offer her a suitable placement, you should consider consulting an advocate or attorney immediately or exercising your legal rights on your own. (See the Advocates for Children's guide to special education for more information on your rights as a parent of a child with a disability.)

Immigrant students do not have to show documentation of US residency status to enter school. Moreover, New York City schools are barred from asking about or discussing immigrant status with a parent or student. See also Advocates for Children's guide to immigrant students' rights. For information about classes designed for immigrant students, see our page on English language instruction.

Emancipated minors are young people under 18 years old who have formally "freed" themselves from their parents and live independently. These students do not need their parents to register them at school. They can register themselves by providing proof of their emancipation and their residence within the district.

Older teenagers may remain in school until they graduate or turn 21, and should not be discharged involuntarily or pressured to enroll in a GED program.

Non-Residents may apply to enroll in New York City public schools but they will have to pay tuition if they attend. Enrollment is handled by the Office of Student Enrollment Planning and Operations (OSEPO). Priority is given to the children of Department of Education employees and employees of the City of New York. There are many restrictions. For example, non-resident students may not apply to gifted and talented or selective programs; nor may they take part in the high school admissions process. Children attending NYC public schools who move out of the city during the school year have the right to stay in the school until the end of the semester without paying tuition. If the family moves during the first semester, tuition will begin for the second semester. If the child wants to remain in the school the following year, the family must submit an application to OSEPO. See Chancellor's Regulation A-125 for more details.

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What is considered your child's residence?

A child's residence is usually the same as the residence of her parent or custodial parent. If school officials have doubts about custody or your proof of New York City residence, they can investigate (a "407 Investigation") to see if you are the child's sole caretaker or if you live where you say you do. During the investigation your child has a right to continue attending school.

If a child's parents are separated or divorced, the child attends school where the parent who has primary custody lives. If the custody is shared, the child's residence is that of the parent who has primary physical custody.

If a parent and child live with another family or relative and do not have a lease in their own name, they may request that the leaseholder write a letter stating that they live in that apartment. The school officials may check to see if the child actually lives at the given address - and may make a home visit to see if the child has clothes and toys at that address.

A child who is not residing with the custodial parent may be excluded from the school zoned for the area where she does live. For example, a student may live with her grandmother, while her father lives at a different address. Since her father is still her parent and retains responsibility for his daughter's welfare, she does not have a right to attend the school in her grandmother's zone. Only if her father had abandoned her or was for some reason incapable of taking care of his daughter, would the grandmother's residence be the girl's residence and the place that determined her school zone. This policy was largely devised to make sure that families were not sending their children to live with relatives in order to take advantage of better schools in that zone.

If you and your child are living in temporary housing or a shelter, your child has a right to attend school in your temporary community, or if you choose, at her original school, under a state law called the Stewart B. McKinney Homeless Assistance Act (PL 100-77) of 1987. For more information, check out our page on Students in temporary housing.

What if you move?

If you and your family move during the school year, your elementary or intermediate school child is entitled to an immediate transfer to his new zoned school. Your child also has an important option: continuing in her original school until graduation from that school. High school students who move can request a "travel hardship" transfer to a closer school.

For more details on who may attend public schools, see Chancellor's Regulation A-101 and Regulation A-125.

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