A few members of our community have asked questions or made comments, so I thought I would try my best to answer a few of them.
“I thought because the district is called Tuxedo Union Free School District that it meant it was union free.”
False.
It does not mean that it is union free. The Tuxedo district has a few unions. The naming has to do with the origins in configurations. There are common, union free, central, central high school, and city school districts.
Noted in the 37th Edition of School Law: 1:19
A union free school district is a school district generally formed from one or more common school districts to operate a high school program, which common school districts cannot do. First authorized by legislation in 1853, union free school districts are administered by a school board of between three and nine members. The number of board members of a union free school district may be increased or decreased as set forth in law (§§ 1702, 1703; see 5:6-8).
Currently, not all union free school districts operate a secondary school program, and some have been established solely as special act school districts to serve children who reside in specified childcare institutions (see 1:23).
“If we close the school district we won’t have to pay school tax.”
False.
By law the children of the state must be educated. If the Tuxedo district closed the students would be redistricted and the residents would be responsible for the school tax of that district.
Noted in the 37th Edition of School Law: 1:4
The basis for a free public education in New York State is contained in article 11, section 1, of the state constitution, which declares that the Legislature “shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.” Article 11 provides the legal authority given to the Board of Regents and to the Legislature to provide for the maintenance and support of public schools.
“Legally we do not have to have a superintendent.”
True.
Noted in the 37th Edition of School Law: 9:1
Every school district in New York State may appoint a superintendent of schools (§§ 1604(8), 1711(1), 2503(5), 2554(2), 2590-h(17); see 10:01). School districts must appoint a full-time building principal for every school, unless the commissioner of education approves an alternative mode of building administration after reviewing evidence submitted by the district (8 NYCRR § 100.2(a); Appeal of Branch & McElfresh, 41 Ed Dept Rep 334 (2002); see 29:1). Other common administrative positions in New York State, appointed at the option of the school board, are associate and assistant superintendents, supervisors, department chairpersons, and assistant principals.
“I heard we could share superintendents.”
True.
Noted in the 37th Edition of School Law: 9:2
Under Education Law Article 40-A, school districts may arrange to share the services of a superintendent, associate superintendent, assistant superintendent or any other employee with district wide administrative or supervisory responsibilities with one or more other school districts (§ 1981(1)). Districts also may share the services of a director of physical education (8 NYCRR § 135.4(c)(4)(iii)).
“Do we have to bus students who go out of district?”
Yes.
Noted in the 37th Edition of School Law: 57:1
School districts, except city school districts, are required to transport all students in grades kindergarten through 12, in accordance with statutory or voter adopted distance limitations, including those attending nonpublic schools and charter schools (§§ 2853(4)(b), 3635; see 57:19, 58:1-1).
Noted in the 37th Edition of School Law: 57:4; Must a school district furnish school bus transportation for resident students attending schools outside their attendance zone?
Yes, Except as otherwise provided, the Education Law requires that school districts transport students to and from the school “they legally attend” (§ 3635(1); see 57:1-2). According to the commissioner of education, if a district allows a child to attend a district school other than the one the child would normally be assigned to, the school outside the child’s attendance zone becomes the school the child legally attends. As such, the district has a legal obligation to transport that child to and from school (Appeal of Nicotri, 38 Ed Dept Rep 80 (1998)).
“My daughter went to a private school out of district, my friends son went to a private school out of district, the district bused my friends son but not my daughter!”
Your daughter’s school may have been more than 15 miles away.
Noted in the 37th Edition of School Law: 57:9
Although door-to-door transportation is not required (Matter of Boyar, 21 Ed Dept Rep 286 (1981); see 57:28), eligibility for transportation is determined by the distance between a child’s home and the school a child attends (§ 3635(1); Studley v. Allen, 24 A.D.2d 678 (3d Dep’t 1965); Appeal of Wenger, 37 Ed Dept Rep 5 (1997); Appeal of Neubauer, 32 Ed Dept Rep 320 (1992); see 57:20-22).
A district may require children in grades K – 8 to walk a distance of up to two miles, and children in grades 9 – 12 to walk a distance of up to three miles, from their homes to their schools. The district must provide bus transportation up to a distance of 15 miles (§ 3635(1)(a), (c)).
“I heard that we pay for some students to go to other or private schools, is this true?”
True.
Noted in the 37th Edition of School Law: 54:3
A free appropriate public education (FAPE) consists of special education and related services provided to an eligible child with a disability at public expense under public supervision and direction, and in conformity with an individualized education program that is tailored to meet the unique needs of that student (20 USC § 1401(9); 34 CFR § 300.17).