By KAREN RICE
Janice Fagan was shocked to learn that her good faith check to the school for about $2,800 was already deposited but that her only daughter, 10, was to be removed from the school she loved.
The Fagans moved from Brooklyn to their new South Valley Stream home last Aug. 23. Fagan said she was told about the Hewlett-Woodmere School District by friends and made double sure her new home was within the district.
She gave the district all the requested forms and legal documents, such as her daughter's health records, closing papers and the deed to her new home, she said.
I brought every document they asked of me, Fagan said.
Soon afterward, the district called to schedule a home visit. This is a common procedure used by the district to uncover families trying to illegally enroll their children in district schools, according to Helene Agatstein, administrative assistant for Hewlett-Woodmere. During a home visit, the district checks to make sure a prospective student is a bona fide resident, and that he or she legitimately resides in the home, Agatstein said.
By law, even if a family owns a house within school district boundaries, the children cannot attend a district school unless they live in that home, explained Jerome Ehrlich, the school district attorney. People who own stores or rent houses to others while living in another district cannot send their children to the district in which the store or rented house is located.
Janice Fagan's problems began when she was unable to schedule a home visit because her home was being treated for asbestos, she said. I couldn't go in the house myself, she said. Why would I invite a guest in? On Aug. 30, without a home inspection, the district concluded that the Fagans weren't bona fide residents and refused to register Tess unless Fagan and her husband, Pat, paid about $2,800 for a good faith deposit, Janice said.
This is another common procedure, according to Agatstein, which allows non-residents to send their children to a district school for 45 days while they settle into a district home. The money, in the form of a certified check, is returned if after 45 days the children are determined to be bona fide residents. If not, the money is kept by the district.
About 45 days later, Fagan called the school to inquire about her deposit. District officials asked to come over for a home inspection that week, Fagan said, and she readily agreed.
I had to keep calling [the district], Fagan said. They never called or followed up on anything.
Her home was now safe, she said, but the floors were being finished, along with many other household repairs. Except for some mattresses on the floor, the home had no heavy furniture, so as not to damage the floors, and all the family's possessions were in the basement, Fagan said.
Agatstein, who declined to comment on the Fagans' situation because of pending litigation, said that on a routine home inspection the district checks for furniture, such as beds and chairs, possessions in the closets and food in the kitchen, to be sure a person is actually living there. Fagan said the district never looked in the basement, but questioned whether her family was living in the home.
She said she didn't hear from the district again until the morning of Nov. 4, when she again asked about her deposit. Later that day, she said, she received the messengered rejection letter.
At that point Fagan hired an attorney and asked the district to schedule another inspection, she said. I had my whole life in turmoil and it terribly upset my daughter, she said of the day she received the letter. I thought [the district] would be happy to see a nice family come in that they would say What a nice family, they will be an asset to our district.' Instead I feel victimized.
District officials came for a second home inspection the week of Veterans Day, according to Fagan, and this time they decided that her daughter was a bona fide district resident.
Fagan's deposit has still not been returned, however, which especially angers her because she has considered herself a bona fide resident all along. On Nov. 19 she formally filed a claim against the school district. Dr. Charles Fowler, superintendent of Hewlett-Woodmere, declined to comment on the situation because of the pending litigation.
I can understand the district being strict, said Ken Reiber, Fagan's attorney. The district has a problem with people who try to get into the schools with phony rentals and phony names. But they're being overly strict and overly cautious [with this family]. If [the Fagans] did not have full beds and only had mattresses, so what? The district can't tell you what kind of bed you should have.
Fagan agreed that she and her family are not being given a fair shake. They're targeting the wrong people, she said. This has been horrible. I don't wish this to my worst enemy. I want to tell [the district] to spend their time on someone who really has a legality problem.
How districts weed out illegals
Both Lawrence Public Schools and the Hewlett-Woodmere School District work hard at preventing students from enrolling illegally and follow up on tips about children who may already be illegally enrolled. Given Lawrence's estimate that it spends about $20,000 per student, its diligence has already saved the district about $200,000 this school year. Hewlett-Woodmere, which spends as estimated $14,000 per student, has saved about $28,000 since September.
Dr. Myrna Uhlich, deputy superintendent for Hewlett-Woodmere, said there has been relatively little action against illegal enrollees in the district this year because it has a reputation for being very thorough in its search for them. I think people know that we don't have a big problem, she said. We do [our checks] fairly and it is known that we are tough.
The superintendent of Lawrence Public Schools, Dr. Mark Rosenbaum, estimates that the district's savings could actually be much more than $200,000, considering that many students require extra services such as busing or special education. Forty, 50, or 60 thousand can be spent on a child who needs busing and special education programs, Rosenbaum said. Twenty-thousand dollars [per student] is not truly accurate.
And, as Bob Pape, director of transportation and central registration for Lawrence Public Schools, explained, class limits may be exceeded and scheduling disrupted by illegally enrolled students. You could have a [limit] of 23 students to a class, and you can find a child that is a non-resident, Pape said. That may not seem like a big number, but to the teacher it's important.
Pape added that the district's proximity to Queens and Brooklyn is a major contributor to illegal enrollment. Many parents feel more comfortable sending their children to Nassau schools, and will try to use a relative's address, a fake address or other fictitious information to get their children in.
I think there's a difference between a Nassau County school and a New York City school, Agatstein said. Many parents decided that they feel better with a Nassau school, but they must go about it the right way.
Combating illegal enrollment
Both Lawrence and Hewlett-Woodmere have an extensive registration process. Starting this year, Lawrence has incorporated a new method of combating illegal enrollment increased unannounced visits which Pape said has been very effective. District officials visit non-homeowners those who are renting, leasing or living with relatives to make sure their children are actually living in the district. We do it like a welcome wagon, Pape said. We go there unannounced and often we catch somebody. We like to be pro-active rather than reactive. We are prudent. The visits are for us to protect the district.
Pape said that Lawrence began this program after district officials realized that some of the documents they were receiving weren't legitimate.
Agatstein said that Hewlett-Woodmere also has extensive protection against illegal enrollment. When people move, we very carefully check that they move in where they say they're going, she said. Also, we re-register youngsters periodically, and that has helped us. Even if you move within the district, we make everybody re-register. We've been successful with it, and I've been doing it for years.
Agatstein added that Hewlett-Woodmere has a central building in which all registrations must be completed. This prevents anyone, including school employees, from illegally changing phone numbers and addresses.
Tip lines and investigators
Both districts admit that they use private investigators when necessary and, among a number of other checks, accept a deed or a tax bill as proof of residency. Hewlett-Woodmere does not accept telephone bills.
Local residents also play an important role by providing tips on illegally enrolled students. The community has been very helpful with reporting illegal enrollment, and we welcome that, said Pape, who added that anyone with any suspicions can call his office at (516) 295-7066, and remain anonymous.
Agatstein agreed that local communities are where much of the work of uncovering illegal enrollments gets done. People get turned in by their peers, she said. It's amazing how they turn each other in. Agatstein's office phone number is (516) 374-8128.
Agatstein stressed the importance of considering the needs and psychological state of an illegally enrolled student who's being removed. If it's a high school student, it's very hard on the child to be uprooted, she said. We try to make sure we catch them early enough so we don't ruin the child and their grades don't suffer. We try to be humane.
It's also crucial to take into account the child's individual circumstances during the hearing that's afforded to a family caught with an illegally enrolled student, Agatstein said. Cases involving extreme tragedy, divorce and homelessness are all considered with care, she said.
