Legislation
SECTION 3203
Selection of school for attendance of children when district line intersects a dwelling
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 65, PART 1
§ 3203. Selection of school for attendance of children when district
line intersects a dwelling. 1. The owner of taxable property that is so
located that the boundary line between two school districts intersects
(a) the dwelling on said property or (b), in the case of an
owner-occupied single family dwelling unit, the property on which the
dwelling unit is located may designate the school in either of such
districts to which the children lawfully residing in said dwelling on
said property shall attend by filing with the district clerk of each of
such districts a notice of such designation on or before August first in
any year and thereafter or, in the case of a single family unit, when
such dwelling unit is built or when its owner-occupant's first child
commences attending school from such residence and thereafter whenever
the ownership of such taxable property changes hands in an arms length
transaction or, likewise, the first child of its new owner-occupant
first commences attending school from such residence and, until a
subsequent designation shall be made and filed, such children shall be
deemed to be resident children of the district designated and shall be
entitled to the school privileges of such district as resident pupils
without the payment of tuition.
2. School taxes on such property shall continue to be levied and
collected without reference to the aforesaid designation, but the school
authorities of the district that levies and collects a tax upon such
property and does not furnish instructional service to the children
residing on such property shall pay to the district designated, in which
such children are received and instructed, the amount of the tax on such
property so levied and collected. If any such district shall fail or
refuse on demand to pay the amount of any tax so collected, the school
authorities of the district designated and furnishing the instructional
service may recover the amount in an action therefor.
3. A designation made as provided in this section shall continue until
a new designation is made or until the district superintendent or
superintendents having jurisdiction over the districts affected shall
otherwise order in a proceeding for the alteration of the boundaries of
the districts, but no subsequent designation may be made in any school
year after August first until the close of that school year.
line intersects a dwelling. 1. The owner of taxable property that is so
located that the boundary line between two school districts intersects
(a) the dwelling on said property or (b), in the case of an
owner-occupied single family dwelling unit, the property on which the
dwelling unit is located may designate the school in either of such
districts to which the children lawfully residing in said dwelling on
said property shall attend by filing with the district clerk of each of
such districts a notice of such designation on or before August first in
any year and thereafter or, in the case of a single family unit, when
such dwelling unit is built or when its owner-occupant's first child
commences attending school from such residence and thereafter whenever
the ownership of such taxable property changes hands in an arms length
transaction or, likewise, the first child of its new owner-occupant
first commences attending school from such residence and, until a
subsequent designation shall be made and filed, such children shall be
deemed to be resident children of the district designated and shall be
entitled to the school privileges of such district as resident pupils
without the payment of tuition.
2. School taxes on such property shall continue to be levied and
collected without reference to the aforesaid designation, but the school
authorities of the district that levies and collects a tax upon such
property and does not furnish instructional service to the children
residing on such property shall pay to the district designated, in which
such children are received and instructed, the amount of the tax on such
property so levied and collected. If any such district shall fail or
refuse on demand to pay the amount of any tax so collected, the school
authorities of the district designated and furnishing the instructional
service may recover the amount in an action therefor.
3. A designation made as provided in this section shall continue until
a new designation is made or until the district superintendent or
superintendents having jurisdiction over the districts affected shall
otherwise order in a proceeding for the alteration of the boundaries of
the districts, but no subsequent designation may be made in any school
year after August first until the close of that school year.