0010-99
STATE OF RHODE ISLAND
AND
PROVIDENCE PLANTATIONS
COMMISSIONER OF EDUCATION
SMITHFIELD
v.
PAWTUCKET
DECISION
Held: The sum of $38,477.88 will be paid over to Smithfield.
DATE: April 30, 1999
Travel of the Case
In this case Smithfield is seeking $38,477.88 from Pawtucket to pay for the cost of educating certain children in a group home location in Smithfield called “Greenville House.” (Bill summarized in Exhibit 1.) In a case entitled Burrillville v. Pawtucket, Commissioner of Education, April 1999, we have discussed the statutory proceedings used in resolving residency reimbursement cases concerning children who are living in group homes. We incorporate by reference Burrillville v. Pawtucket into the case at hand.
Facts of the Case
In the present case Smithfield has made a prima facie showing by affidavit that Pawtucket owes Smithfield $38,477.88 as the cost of educating certain children living in Greenville House. Under the applicable statute we must deduct from Pawtucket’s state aid the sum owed and pay it over to Smithfield. Pawtucket disputes the billing in this case. This matter will therefore be set down for a full hearing on the merits where Pawtucket will have an opportunity to show that “a different city, town, or agency bears…financial responsibility.” G.L. 16-64-1.2(c). Until this is done the prima facie determination of residency will remain in effect. G.L. 16-64-1.2(c). When a final decision is rendered, accounts may be prospectively and retrospectively readjusted.
Conclusion
The sum of $38,477.88 will be paid over to Smithfield from Pawtucket’s State Aid.
Forrest L. Avila
Hearing Officer
APPROVED:
Peter McWalters
Commissioner
DATE: April 30, 1999