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Decision No. 18,465

Appeal of PAULA HOLDER, on behalf of her child, from actions of the Board of Education of the Elmont Union Free School District regarding residency.

Decision No. 18,465

(August 13, 2024)

Bond Schoeneck & King, PLLC, attorneys for respondent, Ayanna Y. Thomas, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the determination of the Board of Education of the Elmont Union Free School District (“respondent”) that her child (the “student”) is not a district resident.  The appeal must be sustained.

For the reasons stated in Appeal of Holder (64 Ed Dept Rep, Decision No. 18,464, the appeal is sustained.[1]  Petitioner demonstrated, in both appeals, that respondents’ determinations were arbitrary and capricious given her reasonable explanation for her absence from the district.  The only  unique contention that I will address herein is respondent’s argument that the student used a different out-of-district address in court materials from April 2023 in conjunction with probate proceedings.  This documentary evidence does not support respondent’s position that the student resides at the out-of-district address.  Moreover, petitioner submits many documents bearing her or the student’s name and the in-district address.  As such, this single instance of petitioner utilizing an out-of-district address eight months prior to respondent’s surveillance does not persuade me that a different result is warranted (Appeal of Moore, 57 Ed Dept Rep, Decision No. 17,353; Appeal of a Student with a Disability, 57 id., Decision No. 17,199). 

I have considered respondent’s remaining arguments and find them to be without merit.

THE APPEAL IS SUSTAINED.

IT IS ORDERED that respondent admit the student to the schools of the district without the payment of tuition.

END OF FILE

 

[1] Both Decision No. 18,464 and the instant appeal concern the exclusion of petitioner’s two children on the basis of residency.  The students attend different districts as they are different ages and both the Elmont Union Free and Sewanhaka Central School Districts serve limited grades.