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This entry was published on 2014-09-22
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Non-resident attendance
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 41, PART 2
§ 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

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.