Legal Question in Education Law in New York

Residency Requirements

If I live in one school district and my children live and attend school in another school district, i.e. they reside with my sister in her home, do I have to have my sister declared their legal guardian for them to continue attending school? I have been contacted by the school and they say my children not only have to reside in the district but if I don't reside there, whoever they reside with has to have legal guardianship.


Asked on 1/30/01, 10:03 am

1 Answer from Attorneys
Prof. David C. Bloomfield The City University of New York

Re: Residency Requirements

Physical presence alone is insufficient to insufficient to establish residence for purposes of attending school in a district tuition-free. At the same time, guardianship is not required (although the place of residency is generally presumed to be that or the guardian). Factors used in residency determinations include financial support, day-to-day care, delegation of parental authority, and whether it may be revoked at will (see Catlin v. Sobol, 77 NY2d 552 (1991)).

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Answered on 3/15/01, 12:47 pm


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