2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 41 - District Meetings › Part 2 - Contract System › 2045 - Non-Resident Attendance.

§ 2045. Non-resident  attendance.  1. No charge for the instruction of
  nonresident pupils in excess of  the  difference  between  the  cost  of
  educating  such pupils and the apportionment of public moneys on account
  of the attendance of such pupils shall be made by  any  district.    The
  tuition  charged,  if  any,  in  excess  of such apportionment is hereby
  declared a charge upon the district from which  such  nonresident  pupil
  attends,  subject,  however,  to the right of such district to designate
  the academic school or schools where instruction shall be given  at  the
  district's expense, and provided that no tuition shall be payable by the
  district  of  residence  for  the  education, by another district, of an
  elementary pupil, unless a contract has been entered into  between  such
  districts pursuant to part two of this article.  Such designations shall
  be  made by each school district pursuant to commissioner's regulations.
  Such designation may be reviewed upon  appeal  to  the  commissioner  of
  education  in  the  event  the  parents or guardians of such pupils deem
  themselves aggrieved thereby.  In case any school district shall fail to
  make a timely designation, the district superintendent of schools in the
  supervisory district in which such district is  located  may  make  such
  designation,  subject  to  review  on  appeal  by  the  commissioner  of
  education.  Districts shall not refuse to receive  nonresident  academic
  pupils  for  instruction  without valid and sufficient reasons therefor.
  All acts of the board of education or other district  officers  relating
  to  such pupils and the tuition charged for their instruction are hereby
  declared subject to review by the commissioner of education.    Where  a
  district   is   so  situated  that  its  academic  pupils  can  be  more
  conveniently instructed in the academic department of a  school  located
  in  another state, the commissioner of education is hereby authorized to
  make the same apportionment, annually, to the school district  educating
  such  academic  pupils  so  instructed outside the state, as he shall be
  authorized by law to make for the instruction of academic pupils  within
  the state, and upon the same conditions.
2.  If  a  pupil resides in a district wherein high school courses are
  offered, but no vocational high  school  is  available  therein,  or  if
  vocational  high school courses are not available in the academic school
  or schools designated as herein provided,  such  pupil  may  select  and
  attend  any  other  academic school within the state in which vocational
  courses are available, and the tuition charged, if any, in excess of the
  difference  between  the  cost  of  educating   such   pupil   and   the
  apportionment  of  public  moneys  on  account of the attendance of such
  pupil, is hereby declared a charge upon the district in which such pupil
  resides, except however, the cost of transportation of such  pupil  need
  not be paid by such district.
3.  Any  academic pupils attending school in a school district in this
  state, but residing on military reservations within  the  boundaries  of
  the  state  of  New  York, jurisdiction over which has been ceded to the
  United States, shall be deemed to be pupils of the  school  district  of
  attendance  within the meaning of section thirty-six hundred two of this
  chapter.
4. Each district which does not maintain a high school  shall  provide
  transportation when necessary for its pupils who have completed the work
  of the sixth grade and are receiving instruction in another district.