Thursday, January 24, 2008
A hearing is expected for late spring or summer on the case.
By DENISE DICK
VINDICATOR STAFF WRITER
YOUNGSTOWN — The 7th District Court of Appeals judges took under advisement a request to allow a Las Vegas girl to continue to attend Boardman schools tuition-free.
Anthony and Katherine Grosso, who live in the Boardman school district, sued the district last fall after the district told them they would have to pay $800 per month tuition for their niece, 16, of whom they have legal custody, to attend Boardman schools.
Judge Maureen A. Sweeney of Mahoning County Common Pleas Court ruled in favor of the school district, and the Grossos have appealed the case.
At a hearing before the three-judge appellate panel Wednesday, attorneys for both sides argued whether a stay should be granted to allow the girl to continue to attend school without paying tuition until the court makes a decision on the case.
She’s been attending Boardman High School since the beginning of the school year without paying tuition because of court orders allowing it.
A hearing on the merits of the case is expected to be set in late spring or summer.
Atty. Matthew T. Fekete, who represents the Grossos, told the judges that in granting legal custodian of the girl to his clients, the Mahoning County Juvenile Court said the cost of the girl’s education should be paid by the Las Vegas area school district where she attended. The girl’s parents remain in that Nevada school district.
The Grossos have lived in the Boardman school district and paid property taxes accordingly since 1994, he said.
Fekete said that if the girl is withdrawn from school this year, she’ll have to make up an entire school year. The girl is required, by law, to attend school, he said. If she doesn’t, the Grossos could be prosecuted. They cannot afford to pay $800 per month in tuition, the attorney said.
Atty. Scott C. Essad, representing the school district, said the girl is defined as a nonresident pupil and, under the law, a school district should collect tuition for nonresident pupils.
Essad said that just by the Grossos saying they can’t afford to pay tuition doesn’t make their case that the school district charging tuition causes them irreparable harm.
“There are other options for her,” he said, pointing to community schools or private institutions.
The arguments were heard by Judges Gene Donofrio and Joseph J. Vukovich of the 7th District Court of Appeals and Judge Frank D. Celebrezze Jr. of Ohio’s 8th Appellate District Court, Cleveland, sitting by assignment from the Ohio Supreme Court.
7th District Judges Cheryl L. Waite and Mary DeGenaro recused themselves from the case.