On July 19, 2018, the New York State Education Department (“NYSED”) issued new Residency Guidance after becoming aware of public concerns and inquiries indicating that some school districts have instituted a practice of “mandatory re-registration.” Although the Guidance does not specifically define the term “mandatory re-registration”, the Guidance references a mandatory practice wherein all parents and guardians are required to “re-register” students prior to the start of school in September, regardless of whether a question exists as to residency status. The Guidance indicates that such “mandatory re-registration” is contrary to the Commissioner's regulations, which only require registration upon a student's “initial enrollment” or “re-entry” into a school district. Guercio & Guercio, LLP clients may read the entire memorandum in the Client Portal.
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