406R-B - Admission of Nonresident Students (Tuition)

The Frederick County Public Schools may accept tuition students.  The acceptance of these students shall be based on the following guidelines: 
  1. The tuition charge for nonresident students as defined by state law will not exceed the total per capital cost of education, exclusive of capital outlay and debt service, for secondary or elementary pupils, as the case may be, and the actual additional cost of any special education or gifted/talented program provided for the student. The exception will occur in cases where the tuition charge is payable by the school board of the country/city of the students' residence pursuant to a contract negotiated between the school boards of the two localities. In such a case, the tuition charge shall be that amount fixed by the contract. 

  2. The preliminary registration of a child with disabilities does not create a legal obligation of the Frederick County School Board to provide the child with a free appropriate public education under either federal or Virginia law. The legal obligation to provide such an education remains that of the school board of the child's home school division. If parents or the resident school division seek to place a student in the Frederick County Public Schools because the resident school division has determined it has no appropriate placement for the student and/or because the resident school division has agreed to an alternative placement pursuant to an IEP for the student, the resident school division is solely responsible for the necessary and reasonable expenses incurred by the Frederick County School Board in providing the student with the required education. For non-resident students with disabilities who live outside of Frederick County to be enrolled, there must be a prior written consent agreement with the school board of the resident school division for payment of tuition and cost for all related services. The principal shall make the decision on an application for enrollment of a disabled student who lives outside of Frederick County after consulting with the Director of Special Services and the Division Superintendent. 

  3. A nonresident who owns real estate within Frederick County on which he pays taxes, shall, upon presentation of his/her tax-statement receipt to the clerk of the school board, be given a credit of fifty percent of the tax he/she has paid against his tuition bill. If such nonresident claims the tax credit by virtue of a real-estate tax paid by a corporation of which he/she is a member, he/she shall be required to submit to the clerk of the school board a notarized statement signed by the head of the corporation confirming the exact amount of his/her share in the real-estate tax paid by the corporation. A notarized statement from a partnership must be signed by the business partners of the nonresident who is claiming the tax credit. Fifty percent of the June real-estate tax payment will be credited toward the first-semester tuition and fifty percent of the December real-estate tax payment will be credited toward the second-semester tuition. 

  4. The admission of nonresident students shall not impact the individual school enrollment in such a manner as to require additional teachers or courses to be added in the school. 

  5. No elementary grade or secondary subject shall become overcrowded due to the admission of nonresident students. 

  6. Nonresident students shall be admitted with the understanding that they shall be subject to the rules and regulations of the school board and of the school or schools attended. 

  7. The chief administrator of the respective schools shall be empowered to accept or reject any nonresident student making application after consultation with the division superintendent. Any nonresident student who has been expelled by a school board in another school or school system will not be admitted to the Frederick County Public Schools until such time as the former school system or school would have reinstated the student. The administrator of the receiving school shall check with the administrator of the sending school of the nonresident student to obtain a report of the student's status. 

  8. School administrators have the right to drop from the school rolls any nonresident student who violates either school board or individual school regulations. The nonresident student must accept this condition when enrolled. 

  9. Tuition payments shall be made in advance of each semester. The first payment shall be made on the day the student is enrolled. The second payment shall be made no later than the first day of the second semester. If a parent or guardian who is a nonresident moves into Frederick County, such parent or guardian shall be refunded the amount of tuition paid for that portion of the semester in which the student will be a county resident. Tuition payments shall be made by check to the Frederick County School Board and sent to the finance officer. 

  10. If a student whose parents reside in Frederick County is enrolled in a county school and the parents move into another jurisdiction, the student may remain in a Frederick County school on a tuition basis. If the student's parents move after March 31, the student may complete the year without tuition costs. 

  11. Students attending the Frederick County Public Schools under a foreign exchange program approved by the board shall be admitted without the payment of tuition. 

  12. Nonresident students must provide their own transportation to and from the assigned school. 

  13. The tuition charge for children of nonresident, full-time employees and school resource officers shall be 20 percent of the in-state tuition fee except for children with disabilities. A nonresident employee that registers a child with disabilities does not create a legal obligation for the Frederick County School Board to provide the child with a free appropriate public education under federal or Virginia law. If parents or the resident school division seek to place a student in the Frederick County Public Schools because the resident school division has determined it has no appropriate placement for the student and/or because the school board of the resident school division has agreed to an alternative placement pursuant to an IEP for the student, the resident school division is solely responsible for the necessary and reasonable expenses incurred by the Frederick County School Board in providing the student with the required education in excess of any state and federal funds paid to the Frederick County School Board. For non-resident students with disabilities who live outside of Frederick County to be enrolled, there must be a prior written consent agreement with the school board of the resident school division for payment of tuition and cost for all related services. The principal shall make the decision on an application for enrollment of a disabled student who lives outside of Frederick County after consulting with the Director of Special Services and the Division Superintendent. 

  14. If a nonresident, full-time employee whose child is enrolled in Frederick County Public Schools leaves their full-time employment with FCPS or a school resource officer leaves his/her position as a school resource officer for any reason during the school year, they shall be responsible for paying regular nonresident tuition on a pro-rated basis. If the employee elects to withdraw their child from FCPS at the conclusion of their full-time employment with the school division or a school resource officer elects to withdraw their child from FCPS at the conclusion of their employment as a school resource officer, any prepaid tuition will be reimbursed on a pro-rated basis.

Legal Reference(s):
Code of Virginia, Section(s) 22.1-5


Adopted: May 18, 1981 
Amended: July 5, 1983 
Amended: August 21, 1989 
Amended: December 7, 2006
Amended: August 20, 2015
Amended: July 19, 2017
Amended: May 16, 2019
Amended: August 27, 2019