which can be considered which are called the whole child and the community of interest that matters i will spend a lot of time zones and paragraphs three and four because the amount of money here is some one hundred dollars and i believe it's pretty clear on the court's holdings that the the amount of money that my record with respect to the curriculum in the educational opportunities that could be provided to get to the children at the time of the test and hearing the phrase son had already started the process of trying to enroll into morris high school as a  there wasn't a house morning that morris had more classes meaning they had more sections of the classes but you're comparing a school district with approximately nine hundred ninety students and morris with a school district of approximately two hundred two students in newark so obviously there's going to be more classes and larger facilities to accommodate larger student bodies there the evidence in the record also demonstrates that the newark high school has a higher graduation rate than the morris high school it also demonstrates that they have higher standards as source so i think educationally the records are pretty clear that the core curriculum classes and educational opportunities are the same the major glaring this distinction that was raised by the petitioners and that they spent a lot of time in that the record really speaks to is the lack of a football program at newark community high school district eighteen where as morris has a pretty well renowned football program so the petitioners and i think this court means that narrow it down  the regional board of school trustees have made the determination was it within that or who worry me in a termination of whether simply having access to a football program is enough of an educational benefit to require detachment and every in every case and i think the answer is over over zealously know that is there an extermination making they're the ones there that are sitting there they know the educational programs they know the communities and they're in a position to determine whether or not simply student wanted to detach from one school district you know because he was a nationally ranked and renowned tennis player and basically the curriculums with the saying that this is this which we travelled was they mean the only thing that was there was he wanted to play tennis the school district where he was going to have flipside of that question also must be true that the regional worsfold trustees could also make the decision that look just having access to tennis or football on its face is simply not enough to require a detachment the evidence has to year new work had been offered a summer program but they offer the same program the year before so they just fluctuated their summer programs that they offered they were offering drivers education if i recall the record frankly for that year but i think what the trial court did and what i think he did improperly was he looked at and alex as the fact that they would have to travel further to obtain these vocational classes and i think that the trial court was in that improperly for a couple of reasons first of all there's no evidence in the record that the students were going to take the getting at is whether there's an identification of the petitioning territory with the district in which attachment was sought and in that there is a corresponding likelihood of an increase in extracurricular activities and your honor i think this this this this whole past to the programs to take advantage of them in the supreme court looking at that said we think that's important his kids are all saying they want to participate but they can't they're barred from and in this case the petitioners didn't put on evidence before the regional board that if the task wasn't doesn't go through that they wouldn't be able to participate in anything it was just hating you know we bank in morris we shop in morris but the distinction between morris and newark new york is a very very small town they're talking about shopping at super wal mart huge box stores that are more suitable newark doesn't have that sort of suggests that there's more of a community of interest as you can shop there and there's bigger stores i think that kind of flies in the face of the opi a holding frankly but i think the more important thing is if you look at this cour evident any evidence that suggested that should the detachment or city not go through that they wouldn't be able to take advantage of these things there was no evidence like that at all you know they were basically the evidence is they've been seen their family and their connections in item that i think is really bearing here is there's a there's some debate about the distances i think the record bears out that there is an additional mile that the students would have to travel to go to newark as opposed to morris but i believe that the cases which you cited in our research before you  was some testimony in there about the oldest child and hasn't deficiencies in english and that there was different differentiated instruction from the english classes in the freshman and sophomore classes at morris as opposed to new work that the students were on the same class but the evidence was also in the record and under under budget that if that was the case it was student at difficulties with english they would be assigned a one on one aide at newark to help them with their proper to help them with approximate sure that they got every bit of instruction that they needed and i think if you look at the carver case there was a very similar factual situation there where the ones where they saw actually there was an at risk program in the school where they were staying at there was no at risk program but they said look we will help our special education students will give them the help meet the need certain degrees yes but they all waiting favor granting the petition and that is the position that i take your today before this as stated by the other council there are seven factors that are required by the found by prior courts consistently not to be a basis for denying the group's petition neither morse nor new york will be affected or states and standards of recognition nor will not be forced to explanation district if you look at the benefits to the educational welfare in the community of interest those are the really the controlling factors more so than than the distance between the the two the property from the dismissed we're going to see just think that this is all about football my point is no it's more like when you get to the home that's how it would like to be characterized by my of the norm this is on the morris side of that is not correct you have to go to the seven factors and make sure that they apply in each case in this case the seven factors do apply and weigh in favor of the breaks each other just there would have to come before the board in prove that they have met that seven fact yes so i submit to you that despite the arguments and the time spent in the administrative hearing and in the lower court arguing about football but also not the only issue here it is one component of extra curricular participation that would be an enhancement for the two great children and their parents and points to the development of the community interest in the whole child standards that should be being of value and determine whether or not this petition should be granted also it should be looked at as mentioned by the court that morse offered a variety of english courses should be granted it taxpayer's property should be the ones given consideration i say the all things aren't will the more still is the better choice and needs a community interest in the whole child past or the brady family in morris before they moved to the property that the euro jacob oh you mean two children involved in this petition and in schools and morse in the print some of the primary grades but when they moved to the property that the currently that they were moving to the new school district and if you read or watch reciting the will for rich city that's the case evil stance from the proposition it doesn't matter if you move if you are a property owner and you at the time or have an ownership interest in property at the time that you file the petition that's all that's necessary for five years you know so all the factors of why they moved and what they did should not be considered as a part of the the germination on the other thing because yours have no ties to new york they have no relatives there that no social friends there they do not conduct any substantial business there and the year before the petition was filed in two thousand and eleven mr brady remember going through newark once to buy gas as he was going to another location is the only transaction bradley illinois and he travels through morse every day to get to and from work if his children were attending morse he would be able to go to and attend activities that are based in morse more conveniently and if he has to drive back to categories the first four had words that it's going to be experiencing as a result of the petition they did not do so and cannot do so therefore the community interest and better curriculum ocker to better vocational opportunities for these students that are extreme more expensive extracurricular opportunity that they should not be going where that opportunity exists when we get to know we are some small district like someone was making the argument that you're taking up your honor they have the right to do so but i don't think that would be effective because they have to meet the seven standards are set up by the supreme court with respect to a petition  a couple points the review was on at the outset possible discuss the findings of fact by the regional board i would submit to your honor's that there was no findings of fact by the regional board what you're looking for is whether there's evidence in the record to support the denial if you look at the record pages five ninety through five ninety six days specifically page five ninety it's cast in the form of a resolution that says we are going to approve the detention petition and it says exhibit a is the final facts that we make  asked what's the roll call vote in there six navels so from my perspective they never adopted the findings of facts because they're attached to a resolution that was voted down in the resolution on its face that attachment fission is granted and they voted against that so the concept it talks about the fact that they want to detach to a school district that's a little bit farther but the court never tells us what the distances but so if it's not substantial up with then notes that there was in the school from which the tension was up there was no art no drama m the distance there was four point seven miles as opposed to one in fact one of the kids there if they didn't give the testament he had to quit a job that he had gotten and he has that look if i can't go to school there i'm not going to school anymore i'm dropping out of the educational benefit that along with substantial there was also some of those with respect to some special education students who couldn't receive services in the other school district with respect to their food and they couldn't meet and go to the elite or daily or weekly doctor's appointments that they need to do the severe disability that they had so i was and it's your honour's that the os that is not controlling and that this case is much more substantially close to evil the only difference between this and evil is is in evil the distance to the detaching school district was actually further