§ 2045 — Non-resident attendance

§ 2045. Non-resident attendance. 1. No charge for the instruction of\nnonresident pupils in excess of the difference between the cost of\neducating such pupils and the apportionment of public moneys on account\nof the attendance of such pupils shall be made by any district. The\ntuition charged, if any, in excess of such apportionment is hereby\ndeclared a charge upon the district from which such nonresident pupil\nattends, subject, however, to the right of such district to designate\nthe academic school or schools where instruction shall be given at the\ndistrict's expense, and provided that no tuition shall be payable by the\ndistrict of residence for the education, by another district, of an\nelementary pupil, unless a contract has been entered into between such\ndistricts pursuant to part two of this article. Such designations shall\nbe made by each school district pursuant to commissioner's regulations.\nSuch designation may be reviewed upon appeal to the commissioner of\neducation in the event the parents or guardians of such pupils deem\nthemselves aggrieved thereby. In case any school district shall fail to\nmake a timely designation, the district superintendent of schools in the\nsupervisory district in which such district is located may make such\ndesignation, subject to review on appeal by the commissioner of\neducation. Districts shall not refuse to receive nonresident academic\npupils for instruction without valid and sufficient reasons therefor.\nAll acts of the board of education or other district officers relating\nto such pupils and the tuition charged for their instruction are hereby\ndeclared subject to review by the commissioner of education. Where a\ndistrict is so situated that its academic pupils can be more\nconveniently instructed in the academic department of a school located\nin another state, the commissioner of education is hereby authorized to\nmake the same apportionment, annually, to the school district educating\nsuch academic pupils so instructed outside the state, as he shall be\nauthorized by law to make for the instruction of academic pupils within\nthe state, and upon the same conditions.\n 2. If a pupil resides in a district wherein high school courses are\noffered, but no vocational high school is available therein, or if\nvocational high school courses are not available in the academic school\nor schools designated as herein provided, such pupil may select and\nattend any other academic school within the state in which vocational\ncourses are available, and the tuition charged, if any, in excess of the\ndifference between the cost of educating such pupil and the\napportionment of public moneys on account of the attendance of such\npupil, is hereby declared a charge upon the district in which such pupil\nresides, except however, the cost of transportation of such pupil need\nnot be paid by such district.\n 3. Any academic pupils attending school in a school district in this\nstate, but residing on military reservations within the boundaries of\nthe state of New York, jurisdiction over which has been ceded to the\nUnited States, shall be deemed to be pupils of the school district of\nattendance within the meaning of section thirty-six hundred two of this\nchapter.\n 4. Each district which does not maintain a high school shall provide\ntransportation when necessary for its pupils who have completed the work\nof the sixth grade and are receiving instruction in another district.\n