3203 - Selection of school for attendance of children when district line intersects a dwelling.

§ 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.