Judge Upholds Barring Pupil

The refusal of tile Ann Arbor Public Schools to admit a 17ycar-old girl who had moved here from another state to live with an older sister was upheld yesterday by Circuit J u d g e James R. Breakey Jr. The judge held that both girls, the 17-year-old who would have been a high school senior, and the 22-year-old who is ei?rolled at the University, are in Michigan for an educational purpose. The statute p r o v i d e s for admission in school districts where the parents do not reside for "children whose parents are unable to provide a home for them and who are placed in the homes of relatives . . . for the purpose of securing a home for them and not for an educational purpose." The sisters, Barbara and C 1 ai r e Shapiro, whose father lives in Pittsburgh, maintained that Claire, the 17-year-old,. carne here to "gain a home" because she can not get along with her father and does near failing work in school there, apparently as a consequenee of the family strife. This was supportetí by an uncle, Jason Shapiro, who i= closely associated with iheir father in business. They said that Barbara had been "mother and sister" to Claire for six years since the death of the mother. The father had recently remarried and was in Europe. The only testimony on the father's attitude came from Barbara, who said he told her that he could not control Claire, did not like her friends, and could not medíate between nis new wife and his daughter. Breakey held that the father, wnose income last year was $38,000; is "able to provide a home" for Claire, that there was no showing that he is an unfit or improper father, and that there was no testimony from him that he had placed Claire here for anything other than an educational purpose. The father supports both girls through a monthly allowance to the older sister. He is aJso willing to pay tuition for Ciaire but has been refused by the schools, according to Arthur E. Carpenter, the girls' attorney. The Ann Arbor Board of Education has a policy against arcepting non-resident, tuition students. Carpenter said he did not know if the sisters will appeal. Breakey's ruling was only to the effect that the Ann Arbor schools do not have to accept tne girl. He did not state that the 17-year-old must return to Pittsburgh for schooling because her father resides there, but that is the implication in his oral opinión.