School wants us to pay tuition?

[NJparent]

What is the name of your state (only U.S. law)? New Jersey

We have a hearing with the Superintendant and Bd. of Ed. on Monday
night. They are coming after us for tuition, even though we had a contract
on a house. We were unable to move into the house because my husband was involved in a terrible accident, and we were/still are unable to sell our
other home. I supplied them with the paperwork I was asked for. I was also
told that if we ever moved to town (my son went as a tuition student from
September to Feb) to bring in the paperwork with the closing date and we
could stop paying tuition. I did that, and now...they want the back tuition
because the house was empty.

 

[Isis1]

Okay. This sounds like an out of district issue. Where was your legal address? Inside or outside the zoning for the school the children were attending?

 

[Zigner]

I'm curious if our OP had a legal question...

 

[NJparent]

The house we purchased (in the school district) would be our permanent address. We were not able to physically move in until just now due to some major renovations that needed to be done and my husband was unable to work on it.

 

[NJparent]

I'm curious if our OP had a legal question...

The question is - am I legally liable for tuition even though I am able to produce all the proof residency documents (utility bill, drivers' license, title, etc). Just because we had not completely moved into the house and were not living there 24/7 (due to circumstances beyond our control), does that mean my child is not properly domiciled in district?

 

[Zigner]

The house we purchased (in the school district) would be our permanent address. We were not able to physically move in until just now due to some major renovations that needed to be done and my husband was unable to work on it.

So, before "just now" your child attended school in the improper district.

 

[Zigner]

The question is - am I legally liable for tuition even though I am able to produce all the proof residency documents (utility bill, drivers' license, title, etc). Just because we had not completely moved into the house and were not living there 24/7 (due to circumstances beyond our control), does that mean my child is not properly domiciled in district?

You didn't OWN the house and you didn't LIVE in the house.

 

[NJparent]

You didn't OWN the house and you didn't LIVE in the house.

Up until Feb, we didn't own the house. Mar 1, we signed the contract to buy.

 

[justalayman]

The question is - am I legally liable for tuition even though I am able to produce all the proof residency documents (utility bill, drivers' license, title, etc). Just because we had not completely moved into the house and were not living there 24/7 (due to circumstances beyond our control), does that mean my child is not properly domiciled in district?

if you had closed on the house (or taken legal possession in some way) and you had transferred that house as your legal residence (as evidenced by the driver's license, address for any income tax purposes, car registration, and anything else that would be assigned based on your legal residence), then that is your legal residence.

A future closing date, utility bills, or even title does not establish residency.

 

[Isis1]

The house we purchased (in the school district) would be our permanent address. We were not able to physically move in until just now due to some major renovations that needed to be done and my husband was unable to work on it.

See, that's the problem. Would be, not IS.

Was it possible to request for a out of district pass at the registration time? What the protocol for registering the kids for where you were living?

 

[Humusluvr]

Until the house becomes your primary residence, the school this IS in your residence is receiving the money for your child. Until you OFFICIALLY move, the new school is not receiving funding for him, and tuition would apply. You will be liable for the tuition.

 

[justalayman]

Until the house becomes your primary residence, the school this IS in your residence is receiving the money for your child. Until you OFFICIALLY move, the new school is not receiving funding for him, and tuition would apply. You will be liable for the tuition.

actually, as soon as they own the property, the school will be receiving money from them regardless of where they live. They will be paying property taxes from day one of ownership.

 

[Humusluvr]

actually, as soon as they own the property, the school will be receiving money from them regardless of where they live. They will be paying property taxes from day one of ownership.

As I understood it (and I'm not a tax professional) you pay school taxes on your primary residence, and not on your secondary residence. It sounded like the OP had not made the "new house" the primary residence yet, or even officially closed the contract.

 

[justalayman]

As I understood it (and I'm not a tax professional) you pay school taxes on your primary residence, and not on your secondary residence. It sounded like the OP had not made the "new house" the primary residence yet, or even officially closed the contract.

In my state, you pay school taxes on all property. I don't know about the OP's state.

I do understand about the no closing but a renter does not ever close on a house yet they are residents of whatever district their house is in.

That is why I believe it would be whatever the OP established as their legal residence along with the right to inhabit that residence would be required to claim residence in the district.

 

[Perky]

I don't know in which school district OP resides, but I found the following policy that quite a few NJ districts follow in their residency rules:

Policy 5118:
http://www.cranfordschools.org/boe/pdf/BP_5111.pdf
....
Nonresidents
The district is obliged to educate children of appropriate age residing in the district. The mere owning of any property whatsoever does not qualify a parent/guardian to send children to school in this school district. See Policy #5118 ..... (5118 outlines the tuition policy)

Here's the ed code regarding residency, but I couldn't find the policy there.
http://www.state.nj.us/education/code/current/title6a/chap22.pdf