Scenario #1: The child lives with both parents.

When a child lives with both parents, he or she will go to the school district in which the residence is located. Typically, a school district will request proof of residence, typically in the form of driver’s licenses or utility bills.

Scenario #2: You are a divorced parent.

If you are a divorced parent, your child is eligible to attend school in the district in which either you or your ex-spouse resides. It boils down to where your child in fact resides, which will not be defeated simply because the child divides his time between each parents’ location. Legal custody of the child is not a requirement for eligibility.

Scenario #3: Your child lives with another family member or a friend of the family.

Under Connecticut law, if a child resides with relatives or non-relatives, “when it is the intention of such relatives or non-relatives and the children or their parents or guardians that such residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations… shall be entitled to all free school privileges accorded to the resident children of the school district in which they reside.”[1] In this situation, the school district may ask for evidentiary documentation, or even a signed affidavit to pertinent facts, that attest to compliance with statutory requirements.

Permanent residence is established by considering numerous factors, including but not limited to: where most of your child’s possessions and clothing is located; where your child attends church or other religious services; where your child’s immediate family resides; and the town that issued your child’s library card.

You cannot pay a family member or friend in exchange for allowing your child to live with them (thus gaining access to free school accommodations in that district). However, according to guidelines promulgated by the State Department of Education, “pay” does not include support payments pursuant to a court order, claiming the child as an income tax deduction, or maintenance of the child’s health insurance coverage.

Scenario #4: Your house is located on a town boundary line.

In some situations, a family’s single piece of property may span two towns – this does not, however, automatically mean that their child is entitled to attend school in whichever district they choose. Courts will make this determination on the interaction between the house itself and the town line: 1) if the residence is entirely located in one town, this is the only school district for which the child is eligible; or 2) if the town line “cuts through” the residence, the child may attend school in either district.

Scenario #5: Your child is in this country illegally.

The issue of illegal immigration has become a common topic of sparring on the national political stage, but for school districts in Connecticut, a child’s visa status is irrelevant in determining eligibility to attend its schools. According to a longstanding Supreme Court of Connecticut decision, a child is entitled to attend school if he or she is “actually present,” or residing, in the district itself.[2]

[1] Connecticut General Statutes § 10-253(d).

[2] Yale v. West Middle School, 59 Conn. 489, 491 (1890).

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.