Section 3202 - Title IV, Article 65, Part I
Section 3202 - Title IV, Article 65, Part I
S 3202. Public schools free to resident pupils; tuition from nonresident pupils.
- A person over five and under twenty-one years of age
who has not received a high school diploma is entitled to attend
the public schools maintained in the district in which such
person resides without the payment of tuition. A veteran of
any age who shall have served as a member of the armed forces
of the United States and who shall have been discharged therefrom
under conditions other than dishonorable, may attend any of
the public schools of the state upon conditions prescribed
by the board of education, and such veterans shall be included
in the pupil count for state aid purposes. A nonveteran under
twenty-one years of age who has received a high school diploma
shall be permitted to attend classes in the schools of the
district in which such person resides or in a school of a board
of cooperative educational services upon payment of tuition
under such terms and conditions as shall be established in
regulations promulgated by the commissioner; provided, however,
that a school district may waive the payment of tuition for
such nonveteran, but in any case such a nonveteran who has
received a high school diploma shall not be counted for any
state aid purposes. Nothing herein contained shall, however,
require a board of education to admit a child who becomes five
years of age after the school year has commenced unless his
birthday occurs on or before the first of December.
- No
pupil over the compulsory attendance age in his or her
school district shall be dropped from enrollment unless
he or she has been absent twenty consecutive school days
and the following procedure is complied with: The principal
or superintendent shall schedule and notify, in writing
and at the last known address, both the student and the
person in parental relation to the student of an informal
conference. At the conference the principal or superintendent
shall determine both the reasons for the pupil's absence
and whether reasonable changes in the pupil's educational
program would encourage and facilitate his or her re-entry
or continuance of study. The pupil and the person in parental
relation shall be informed orally and in writing of the
pupil's right to re-enroll at any time in the public school
maintained in the district where he or she resides, if
otherwise qualified under this section. If the pupil and
the person in parental relationship fail, after reasonable
notice, to attend the informal conference, the pupil may
be dropped from enrollment provided that he or she and
the person in parental relation are notified in writing
of the right to re-enter at any time, if otherwise qualified
under this section.
Non residents of a district, if otherwise competent, may be admitted into the school or schools of a district or city, upon the consent of the trustees or the board of education, upon terms prescribed by such trustees or board.
The school authorities of a district or city must deduct from the tuition of a nonresident pupil, whose parent or guardian owns property in such district or city and pays a tax thereon for the support of the schools maintained in such district or city, the amount of such tax.
- No
pupil over the compulsory attendance age in his or her
school district shall be dropped from enrollment unless
he or she has been absent twenty consecutive school days
and the following procedure is complied with: The principal
or superintendent shall schedule and notify, in writing
and at the last known address, both the student and the
person in parental relation to the student of an informal
conference. At the conference the principal or superintendent
shall determine both the reasons for the pupil's absence
and whether reasonable changes in the pupil's educational
program would encourage and facilitate his or her re-entry
or continuance of study. The pupil and the person in parental
relation shall be informed orally and in writing of the
pupil's right to re-enroll at any time in the public school
maintained in the district where he or she resides, if
otherwise qualified under this section. If the pupil and
the person in parental relationship fail, after reasonable
notice, to attend the informal conference, the pupil may
be dropped from enrollment provided that he or she and
the person in parental relation are notified in writing
of the right to re-enter at any time, if otherwise qualified
under this section.
- Except as provided in subdivision five of this section or by article eighty-one of this chapter, children cared for in a hospital or other institution for the care, custody and treatment of children, other than a school and excepting children of the officers and employees of such hospital or institution, shall not, by reason of their presence in such hospital or institution, be deemed to be residents of the school district in which such hospital or institution is located. The trustees or board of education of the school district of their residence shall provide educational services for such children. Such services may be provided by a tutor employed by the district, by contract with a school connected with such hospital or institution, or by contract with the local public school district in which such hospital or institution is located. Such contracts shall be limited to the cost of educational services and shall not include maintenance or medical services. Provided, however, if such children are supported and maintained at the expense of a social services district, the cost of said instruction shall be paid by the social services district which is liable for payment of the cost of their support and maintenance. In the case of hospitals or institutions located in the state of New York, the trustees or board of education of a school district in which such a hospital or institution is located shall receive such children in the school or schools of the district for instruction for a compensation to be fixed by the trustee or board of education, unless such trustees or board of education shall establish to the satisfaction of the commissioner of education that there are valid and sufficient reasons for refusal to receive such children. 6-a. Notwithstanding subdivision six of this section the director of the division for youth shall be responsible for the secular education of youth under the jurisdiction of the division and may contract for such education with the trustees or board of education of the school district wherein a facility for the residential care of division for youth is located. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school district where his parent or guardian resides at the commencement of each school year for the purpose of determining which school district shall be responsible for the youth's tuition pursuant to section five hundred four of the executive law.
- Youth incarcerated in county correctional facilities or youth shelters. a. A person under twenty-one years of age who has not received a high school diploma and who is incarcerated in a correctional facility maintained by a county or by the city of New York or in a youth shelter is eligible for educational services pursuant to this subdivision and in accordance with the regulations of the commissioner. Such services shall be provided by the school district in which the facility or youth shelter is located, within the limits of the funds allocated by the commissioner for such purposes pursuant to section thirty-six hundred two of this chapter and pursuant to a plan approved by the commissioner.
Last Updated:
March 16, 2009