0002-97
STATE OF RHODE ISLAND
AND
PROVIDENCE PLANTATIONS
COMMISSIONER OF EDUCATION
IN RE RESIDENCY OF JOHN DOE
Held: Unless countervailing affidavits or arguments are filed administrative summary judgment will be granted.
DATE: JANUARY 10, 1997
John Doe was placed through a Family Court Order at the Walker School in Needham, Massachusetts. Department of Children, Youth and Families has represented that John Doe's mother has continuously resided in East Providence. We have ruled under identical circumstances that the town where the child's parent resides remains responsible for the cost of student education in an out of state facility. In Re Residency of Jane A.Q. Doe, Comm. of Ed. We therefore elect to treat DCYF's request for a hearing as a request for administrative summary judgment. We will grant this motion unless within 30 days from the date of this decision East Providence files an affidavit based upon personal knowledge denying that John Doe's mother lives in East Providence.
East Providence may also file a Memorandum of Law on any issue it wishes to present.
Conclusion
East Providence will be found responsible for this student's education unless it presents countervailing affidavits or arguments.
Forrest L. Avila
Hearing Officer
Approved:
Peter McWalters
Commissioner
DATE: JANUARY 10, 1997