0037-94
STATE OF RHODE ISLAND
AND
PROVIDENCE PLANTATIONS
COMMISSIONER OF EDUCATION
IN THE MATTER OF TONI A.
INTERIM ORDER
Raymond A., the father of Toni, requests an interim order under R.I.G.L. 16-64-6 directing the Johnston School Department to allow Toni to attend Johnston Senior High School pending the Commissioner's determination of a dispute regarding her residency.
The Johnston School Committee contends that Toni is no longer enrolled in the Johnston school system, and therefore is not entitled to attend school there, because she currently resides in the town of Woonsocket. The School Committee requests, in the alternative, that this matter be scheduled for a full hearing on the merits as soon as possible.
Toni, who was found to be resident of Johnston in a Commissioner's decision dated May 27, 1993, attended Johnston Senior High School during the 1993-1994 school year. She completed the 10th grade in June 1994 and she is seeking to begin the 11th grade in September 1994.
It has not been established that Toni resides in a town other than Johnston. She has not been enrolled in another town's school system. Quoting R.I.G.L. 16-64-2, Toni remains "eligible to receive education from the town in which [her] residence has been established," i.e., Johnston.
Pursuant to R.I.G.L. 16-64-6, we order the Johnston School Committee, on an interim basis, to permit Toni to attend Johnston Senior High School pending a hearing on the merits in this matter.
The hearing to determine the dispute over Toni's residency shall be held on Tuesday, September 6, 1994 at 10:00 a.m. The Woonsocket School Department shall be provided notice of the hearing.
Paul E. Pontarelli
Hearing Officer
Approved:
Peter McWalters
Commissioner of Education
Date: August 31, 1994