Catlin v. Sobol

We agree with the majority’s analysis and its conclusion that there is nothing unreasonable or irrational in the Commissioner’s interpretation of Education Law § 3202 and his finding that Dell was not a resident of the Edmeston Central School District and thus not entitled to a free tuition education at the expense of the district. We depart from the decision of the majority where it finds that the parents have overcome the concomitant presumption that a child’s residence is that of his parents.

The presumption may be overcome by demonstrating that the parent does not exercise control over the…