N.Y. Education Law § 3203: Selection of school for attendance of children when district line intersects a dwelling

§ 3203. Selection of school for attendance of children when district

line intersects a dwelling. 1. The owner of taxable property that is so

located that the boundary line between two school districts intersects

(a) the dwelling on said property or (b), in the case of an

owner-occupied single family dwelling unit, the property on which the

dwelling unit is located may designate the school in either of such

districts to which the children lawfully residing in said dwelling on

said property shall attend by filing with the district clerk of each of

such districts a notice of such designation on or before August first in

any year and thereafter or, in the case of a single family unit, when

such dwelling unit is built or when its owner-occupant's first child

commences attending school from such residence and thereafter whenever

the ownership of such taxable property changes hands in an arms length

transaction or, likewise, the first child of its new owner-occupant

first commences attending school from such residence and, until a

subsequent designation shall be made and filed, such children shall be

deemed to be resident children of the district designated and shall be

entitled to the school privileges of such district as resident pupils

without the payment of tuition.

2. School taxes on such property shall continue to be levied and

collected without reference to the aforesaid designation, but the school

authorities of the district that levies and collects a tax upon such

property and does not furnish instructional service to the children

residing on such property shall pay to the district designated, in which

such children are received and instructed, the amount of the tax on such

property so levied and collected. If any such district shall fail or

refuse on demand to pay the amount of any tax so collected, the school

authorities of the district designated and furnishing the instructional

service may recover the amount in an action therefor.

3. A designation made as provided in this section shall continue until

a new designation is made or until the district superintendent or

superintendents having jurisdiction over the districts affected shall

otherwise order in a proceeding for the alteration of the boundaries of

the districts, but no subsequent designation may be made in any school

year after August first until the close of that school year.