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Special Education Law
DECISIONParent PrevailedRIDE Case No. 0006-92

Jane O. Doe v. North Kingstown School Committee

0006-92

STATE OF RHODE ISLAND

AND

PROVIDENCE PLANTATIONS

COMMISSIONER OF EDUCATION

JANE O. DOE

vs.

NORTH KINGSTOWN SCHOOL COMMITTEE

DECISION

March 9, 1992

This hearing was convened to establish the residency for school purposes of Student Jane O. Doe.

The record in this case establishes that through the early fall of 1991 this student was, for school purposes, a resident of Narragansett. (Ex.3). It was, therefore, impermissible, absent School Committee consent, for her to be attending school in North Kingstown.

At the hearing in this matter, however, the mother of the student testified under oath that she and her child n o w reside with her mother in North Kingstown. She testified that this was the result of her husband taking a job as a marine engineer which required him to be at sea much of the time. There is no evidence on the record to contradict this testimony.

Conclusion

Since the record establishes that this student now lives in North Kingstown with her mother and grandmother we must find that she is a resident of North Kingstown for school purposes.

Forrest L. Avila, Esq.

Hearing Officer

Approved:

Peter McWalters

Commissioner of Education

March 9, 1992