Skip to main content
Special Education Law
DECISIONDistrict PrevailedRIDE Case No. 0012-02

In re: Residency of Jessica and Andrew T.

0012-02

STATE OF RHODE ISLAND

AND

PROVIDENCE PLANTATIONS

COMMISSIONER OF EDUCATION

IN RE: RESIDENCY OF JESSICA

AND ANDREW T.

DECISION

This matter concerns a request for a residency determination by the Johnston School Committee.[1]

Jessica and Andrew currently attend Johnston High School. Jessica is in the 9th grade, Andrew is in the 10th grade. Their residence for enrollment purposes is a rental property on Hartford Avenue. The residence bears a Johnston post office address.[2] According to tax records from the town of Johnston and the city of Providence, the property at this address actually is located in the city of Providence. Both the Johnston School Committee and the Providence School Board are in agreement on this point. Jessica and Andrew therefore are not entitled to attend school in Johnston. We order that their enrollment in Johnston be withdrawn at the conclusion of the school year, and that they be enrolled in the Providence school system. We urge Jessica and Andrew’s parents to take immediate steps to enroll them in the Providence system so as to ensure appropriate school assignments and course schedules for the 2002-2003 school year.

Footnotes

[1] The request was received on March 29, 2002. The Commissioner of Education designated the undersigned hearing officer to hear and decide the request. A hearing was held on April 25, 2002. The Johnston School Committee and the Providence School Board were represented at the hearing. The parents of Jessica and Andrew did not appear at the hearing despite being sent a copy of the Johnston School Committee’s request and the notice of hearing. A transcript of the April 25th hearing and a letter offering the opportunity for further hearing were hand-delivered to the parents’ residence on April 30th. The parents did not respond to the offer.

[2] The closest post office to this address apparently is in Johnston.

Paul E. Pontarelli

Hearing Officer

Approved:

Peter McWalters

Commissioner of Education

Date: May 30, 2002