» How Does this Recent Court Case Shed Light on My Child’s Ability to obtain a Free Education at a Specialized Institution
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How Does this Recent Court Case Shed Light on My Child’s Ability to obtain a Free Education at a Specialized Institution

April 2nd, 2012

An important New York Court of Appeals case recently determined that a school district cannot be forced to pay for an education if the child is a non-resident of the school district. In Board of Ed. of the Garrison Union Free School District v. Greek Archdiocese Institute of St. Basil, the St. Basil Academy had tried to enroll 26 students tuition free. The academy is a residential institution where children reside because of various issues involving the inability of children to remain in their homes.  Although the children reside at the residential facility, the school does not have legal guardianship of its residents.

Thus, the appeals court ruled that simply because the children lived there did not qualify them as being residents of the district. State education laws, including Education Law §3202, show that residency is established by where the parents or legal guardians live.  The court case established that local school districts are not responsible for absorbing the cost of the tuition for the children living in these types of institutions.

Furthermore, “…a license to operate a child care institution does not change the residence of the children living there.” That said, the court did explain that school districts are required to pay for education for students who are placed in orphanages by a state or family court judge. St. Basil’s residents are mainly referred to the educational institution by Greek Orthodox priests, the court noted.

A child’s last permanent residence, not a temporary foster placement residence, is what sets their school district eligibility. This recent case follows previous case law in New York whereby public schools are free to resident students and non-residents must pay tuition.

For assistance with questions regarding your child’s special education needs visit our website at

https://www.specialneedsnewyork.com/special-education-advocacy/.

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