Facts of the Case:

Renee Brenner was born on November 15, 1984. Until she was in the eighth grade, Renee's parents lived at 3300 Old Trail Road, York Haven, which was in the Northeastern School District. This road is located on the division line between the West Shore School District and the Northeastern School District. Renee's grandparents, lived at 3165 Old trail Road, York Haven, which is in the West Shore School District. Renee attended school in the West Shore School District since kindergarten. When Renee was enrolled in kindergarten, Mrs. Brenner and Mrs. Johnson (Renee's grandmother) went to the school and explained that Mrs. Johnson was the primary caregiver. Renee's main bedroom was at her grandparent's home although her parents maintained significant involvement in Renee's daily needs. Renee's parents always claimed her as a dependent on their state and federal tax returns and provided medical insurance for her.

In 1998, the parents moved to 3901 Schoolhouse Road, Dover. After the district tax collector noticed that Renee was no longer residing in the district, the district notified Renee's parents that she would be expelled if she were not removed from the district. (Renee attended eighth grade in the Dover School District for about two months). While Renee was attending school in the Dover School District, Mrs. Brenner temporarily separated from Mr. Brenner and resided with Renee at the Grandparents' home and Renee attended the West Shore School District. The district contacted Mrs. Johnson on September 14, 1999 and informed her that because the parents resided outside of the district, Renee must immediately withdraw from the district and enroll in the district in which her parents resided. In September 1999, the parents and grandparents entered into a joint legal custody agreement and the West Shore School District suspended Renee from attending high school. Renee's family sought an order, which would keep Renee in the district for the remainder of her secondary education.

Decision of the Court:

The Court of Common Pleas of York County (trial court) granted a preliminary injunction and Renee returned to the West Shore School District. The trial court found the grandparents did not assume all obligations and support the child as if she were their own. The trial court then determined that Renee was not entitled to attend the West Shore School District. Brenner appealed to the Commonwealth Court. On May 15, 2001, the Commonwealth Court of Pennsylvania agreed with the decision of the trial court and upheld the decision made by that court.

Basis of the Decision:

The trial court determined that Section 1302 of the Public School Code of 1949 governs the right to free school privileges and that the testimony did not support a guardianship by the grandparents because the grandparents were not supporting Renee gratis. The court determined that the parents provided substantial support and were significantly involved in the child's schooling. For Renee's grandparents to be considered the guardians of Renee, they must support Renee gratis, as if she were their own. Even though the grandparents maintained significant involvement with Renee, they did not meet the test of supporting Renee gratis.

Case Abstract presented by Keith D. Yarger