Defense Motion Granted Because Underage Students do not have a Protected Property Interest in Education or in Transportation to Private Kindergarten
We briefly summarize an unremarkable class action case for defense attorneys who may benefit from it. New York law requires a school district to accept children who turn five years old prior to December 1st, and allows individual school districts to decide the admission age for kindergarten for children who turn five after that date. Plaintiff filed a putative class action alleging that she had a right to free public education (kindergarten) even though she turned five after December 1, and/or that the school district was required to provide her with bus transportation to her private school. The federal court rejected plaintiff’s claims and granted the defense motion to dismiss the action. Manbeck v. Katonah-Lewisboro School Dist., 435 F.Supp.2d 273 (S.D.N.Y. 2006).