1342 
■Pie RURAL NEW-YORKER 
November 11, 1022 
The School Question 
Enlarging School Grounds 
1. Our school district has uu attendance 
of about 25 pupils. The building of new 
State roads has cut awa.v most of the 
playground, and leaves school building: at 
junction of State roads. Is there any 
code in laws of New York Stale which 
calls for a certain amount of playground? 
2. Provided this is so, would a person 
owning laud adjoining the school prop¬ 
erty he obliged to sell to school district, 
reasonable amount being paid? Would 
the Slate co-operate with said district to 
obtain lids land? 3, 'I'llere is no more 
suitable place where school Ionise could be 
moved. Would district lie responsible for 
injuries received from autos by children 
playing in State road? 4. Who is eli¬ 
gible to vote at meeting held for purpose 
of obtaining new school grounds? 
MUS. A. F-. s. 
1. There is no provision of law specify¬ 
ing any amount of land for playground 
purposes. When new sites are purchased 
the Division of Buildings and Grounds 
advise that no less than one acre he pro¬ 
vided. 
2. Land may he condemned for school 
purposes under Sections 463-404 of the 
Education Law. This provision of the 
law applies when sites are enlarged. The 
State does tior incorporate under the 
present law in the purchase of sites. The 
Law Division of the State Department 
will give advice and any necessary help 
in legal matters when new sites or addi¬ 
tions to sites arc made. 
3. Without doubt the people of a dis¬ 
trict would lie morally responsible for in¬ 
juries received by children as a result of 
their playing in the road wh«n provision 
lias not been made for them to play else¬ 
where, There probably is no way, how¬ 
ever, that a district can he held legally 
responsible. 
4. All voters who are eligible to vote 
at any school meeting are eligible to vote 
<m propositions for the purchase of or 
addition to school sites. G. A. w. 
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Tuition in Adjoining State 
I am 20 years old. anil graduate from 
the fourth year of high school this year. 
My father owns a farm, part of it in New 
York and part in Pennsylvania. House 
is in New York. There is no high school 
within 14 miles of us in New Yr.vk State. 
1 have been going t<» a Pennsylvania high 
school two miles away. 1. Would I or 
the State of New York have to pay the 
tuition? 2. Could any of the tuition paid 
be recovered ? 3. Whom would I see 
about it ? w. L. b. 
‘'Where a district is so situated that its 
academic pupils can he more conveniently 
instructed in the academic department iif 
a school located in another State, the 
Couunissionpr of Education is hereby au¬ 
thorized to make the same apportionment 
to such district, annually, to be applied 
in payment of the tuition -f each such 
academic pupil so instructed outside the 
State its lie shall he authorized by law to 
make for the insfruerini! of academic 
pupils within the Stale, and upon the 
same conditions.” In answer to specific 
questions: 
1. The State of New York should pay 
the tuition. Since the school which he 
will attend is located outside the State, 
the district in which lie lives should pay 
the tuition and ask for a refund from the 
State in the regular apportionment. The 
maximum that the State will pay is $50. 
2. The act is not retroactive and T 
can see no way how he can recover the 
tuition already paid, unless it lias been 
paid recently, in which case lie could 
probably arrange t » be reimbursed by the 
district, and flic district could make tlie 
claim to the department for the amount 
of tuition paid, not to exceed 850 an¬ 
nually. Tt may be also that if he paid 
his own tuition Inst year he could get a 
refund if lie applies to the Commissioner 
at once, because T think I lint the appor- 
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