N.Y. Education Law § 2045: Non-resident attendance

§ 2045. Non-resident attendance. 1. No charge for the instruction of

nonresident pupils in excess of the difference between the cost of

educating such pupils and the apportionment of public moneys on account

of the attendance of such pupils shall be made by any district. The

tuition charged, if any, in excess of such apportionment is hereby

declared a charge upon the district from which such nonresident pupil

attends, subject, however, to the right of such district to designate

the academic school or schools where instruction shall be given at the

district's expense, and provided that no tuition shall be payable by the

district of residence for the education, by another district, of an

elementary pupil, unless a contract has been entered into between such

districts pursuant to part two of this article. Such designations shall

be made by each school district pursuant to commissioner's regulations.

Such designation may be reviewed upon appeal to the commissioner of

education in the event the parents or guardians of such pupils deem

themselves aggrieved thereby. In case any school district shall fail to

make a timely designation, the district superintendent of schools in the

supervisory district in which such district is located may make such

designation, subject to review on appeal by the commissioner of

education. Districts shall not refuse to receive nonresident academic

pupils for instruction without valid and sufficient reasons therefor.

All acts of the board of education or other district officers relating

to such pupils and the tuition charged for their instruction are hereby

declared subject to review by the commissioner of education. Where a

district is so situated that its academic pupils can be more

conveniently instructed in the academic department of a school located

in another state, the commissioner of education is hereby authorized to

make the same apportionment, annually, to the school district educating

such academic pupils so instructed outside the state, as he shall be

authorized by law to make for the instruction of academic pupils within

the state, and upon the same conditions.

2. If a pupil resides in a district wherein high school courses are

offered, but no vocational high school is available therein, or if

vocational high school courses are not available in the academic school

or schools designated as herein provided, such pupil may select and

attend any other academic school within the state in which vocational

courses are available, and the tuition charged, if any, in excess of the

difference between the cost of educating such pupil and the

apportionment of public moneys on account of the attendance of such

pupil, is hereby declared a charge upon the district in which such pupil

resides, except however, the cost of transportation of such pupil need

not be paid by such district.

3. Any academic pupils attending school in a school district in this

state, but residing on military reservations within the boundaries of

the state of New York, jurisdiction over which has been ceded to the

United States, shall be deemed to be pupils of the school district of

attendance within the meaning of section thirty-six hundred two of this

chapter.

4. Each district which does not maintain a high school shall provide

transportation when necessary for its pupils who have completed the work

of the sixth grade and are receiving instruction in another district.