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January 05, 2012

School district not required to provide tuition-free education to certain nonresident children

School district not required to provide tuition-free education to certain nonresident children
Board of Education of the Garrison Union Free School District v Greek Archdiocese Institute of St. Basil, 2012 NY Slip Op 00023, Court of Appeals.

In this appeal the Court of Appeals was asked to determine if a school district was obligated to pay for the educational costs of the children living in a child care institution located within the district's boundaries.

The court ruled that a school district is not obligated to provide a tuition-free education to those children determined to be nonresidents of the school district.

The Court of Appeals, citing Education Law §3202[6], explained that "St. Basil is an 'institution for the care, custody and treatment of children' and the Education Law specifies that children living in such institutions are not deemed residents of the school district in which the institution is located purely by reason of their presence in the institution". Further, said the court, "The issuance of a license to operate a child care institution does not change the residence of the children living there."

The text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_00023.htm

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