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Special Education Law
DECISIONDistrict PrevailedRIDE Case No. 0021-99

Residency of Nicole H, Brian H. and Stephanie W.

0021-99

STATE OF RHODE ISLAND

AND

PROVIDENCE PLANTATIONS

COMMISSIONER OF EDUCATION

Residency of Nicole H, Brian H. and Stephanie W.

DECISION

Held: We find that Nicole H., Brian H., and Stephanie W. are residents of Providence for school purposes.

DATE: September 13, 1999

Statement of the Case

This is a residency case in which North Providence is alleging that the respondents are not residents of North Providence for school purposes.

Findings of Fact

1. Mr. Brian H. and Ms. Debra W. have three children – Nicole and Brian H. and Stephanie W.

2. This family at one time lived in North Providence, but they have now moved to Providence.

3. The parents in this case requested another person to allow them to use her North Providence address to keep these students enrolled in North Providence.

4. This person has admitted to the North Providence truant officer that no one in the respondents family lives at this North Providence address.

5. The North Providence truant officer located the respondents family at a street address in Providence. Ms. W. admitted that her family was living in Providence and that the family had no address in North Providence.

6. The parents did not appear at the hearing of this matter, although notice was sent to them. No call was received requesting a postponement. The start of the hearing was delayed to allow the parents to appear. No appearance was made.

Conclusions of Law

Based upon the record before us, we must find that Nicole H, Brian H, and Stephanie W. are residents of Providence for school purposes. R.I.G.L. 16-64-1.

Forrest L. Avila

Hearing Officer

APPROVED:

Peter McWalters

Commissioner

DATE: September 13, 1999