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Special Education Law
DECISIONParent PrevailedRIDE Case No. 0044-94

Christine L, v. Foster School Committee

0044-94

STATE OF RHODE ISLAND

AND

PROVIDENCE PLANTATIONS

DEPARTMENT OF EDUCATION

CHRISTINE L,

V.

FOSTER SCHOOL COMMITTEE

DECISION

Held: Student is a resident of Foster for school purposes.

Date: November 15, 1994

At the time this student was born his mother was 16 years old and was living with her parents in Foster. This student has lived almost his entire life in Foster. Although the student's mother went to live on her own on a number of occasions the student continued to live with his grandparents and to attend Foster Schools. The student is now 13 years old. We find that he is emotionally attached to his grandfather and that he looks to him for guidance.

The record shows that last year this student left school two weeks prior to the end of school year and that over the summer he lived for a time with his mother in Providence before returning to Foster. In our view of the evidence we do not think that the student's mother ever intended to enroll this student in the Providence School System or that she had any intent to remove this student permanently from his established home in Foster.

We conclude that this student's functioning family resides in Foster and that he is part of this family. He is not living in Foster for the purpose of going to school in Foster but rather he is living in Foster because that is where his family resides. We therefore conclude that under the standard set forth in Laura Doe v. Narragansett School committee this student continues to be a resident of Foster for school purposes.

Forest L. Avila, Hearing Officer

Approved:

Peter McWalters, Commissioner

November 15, 1994

Date