Student Support Services

Assignment of Pupils

Board of education of central school district, as a trustee of taxpayers' funds, has obligation to transfer students, when necessary, to maintain an economically sound school system. Petition of Hopkins, 1979, 99 Misc.2d 216, 415 N.y'S.2d 774. Schools 154(1)

Where board of education began evaluating reorganization three years before adopting proposal, thoroughly analyzed needs of district and provided numerous opportunities for input from school administrators, teachers and community, plan to reconfigure schools was neither arbitrary nor capricious. 1994, 33 Educ. Dept.Rep. 607.

Where board chose from a number of alternatives, used reasoned criteria and opened the matter to public discussion before making decision, the fact that pupils might have to change schools three times in as many years and option was included whereby students from same family might attend different schools, did not make attendance rezoning plan unreasonable. 1991, 31 Educ.Dept.Rep. 68.

Decision concerning school reorganization is within discretion of school board, which has ultimate authority and responsibility to choose between rational alternatives and therefore need not use advisory committee, and board will not be overruled unless petitioner demonstrates that its decision was arbitrary, capricious, or contrary to sound educational policy. 1989, 29 Educ.Dept.Rep. 120.

A board of education which deviates from class size and number requirements must justify its deviation from those requirements . Matter of Baxter, 1982, 21 Educ.DepLRep. 610.

Decisions concerning attendance zones and the utilization of school buildings are within the discretion of boards of education and will not be overturned absent a clear showing that the board's action was arbitrary, capricious or contrary to sound educational policy. Matter of Lifshey, 1979, 19 Educ.Dept.Rep. 105. See also Matter of Lennon, 1979, 19 Educ.Dept.Rep. 251; Matter of the Concerned Citizens Committee, 1979, 19 Educ.Dept.Rcp. 252; Matter of Cole, Jr., 1980, 19 Educ.Dept.Rep. 429; Matter of Austerlitz, 1980, 19 Educ.Dept.Rep. 472; Matter of DiPeppi, 1980, 19 Educ.Dept. Rep. 489; Matter of Bosco, 1980, 19 Educ.Dept.Rep. 557; Matter of Concerned Citizens and Taxpayers, 1980, 19 Edue.Dept.Rep. 605.

Matters concerning the combination of classes (e .g., the merger of a second- and a third-grade class) are within the discretion of boards of education and will not be set aside unless shown to be arbitrary or capricious. Op. Commissioner Educ. Dept., 1979, 18 Educ.Dept.Rep. 290.

The matter of the assignment of pupils to school buildings or particular classrooms is a matter completely within the discretion of the board of education. Matter of the Appeal of Edward Grove, 1967, 6 Educ.Dept.Rep. No. 7739.

Last Updated: August 7, 2012