17-003
STATE OF RHODE ISLAND
COMMISSIONER OF EDUCATION
IN THE MATTER OF: RESIDENCY OF B. AND K. DOE
Decision
Held: Under the terms of R.I.G.L. 16-64-1, the children under review currently are residents of Warwick.
Date: February 7, 2017
Introduction
This matter concerns a parent’s request for a residency determination.[1]
Background
Doe has two children presently enrolled in the West Warwick public school system. One child attends an elementary school, the other attends West Warwick High School. The children are enrolled from the address of Doe’s boyfriend’s home in West Warwick.
Doe testified that her third child, a 19-year-old daughter, has recently experienced severe health problems related to her bipolar disorder. The daughter has been hospitalized twice and needs Doe’s care and support. There is no room for the daughter at the West Warwick home, however.
Doe was able to sub-let a friend’s apartment in Warwick which is large enough to accommodate Doe and her three children. The new residence came to light and the district attendance officer told Doe in October 2016 that, while her children could remain in their West Warwick schools until the end of the first semester, she needed to register her children in Warwick. The first semester ended on January 20th. The friend’s lease on the apartment expired on January 31st. Doe is actively looking for housing in the attendance area of her child’s elementary school in West Warwick. She hopes to move out of the Warwick apartment at the end of February. Doe continues to run a business with her boyfriend from his home in West Warwick.
Positions of the Parties
Doe contends that the children’s residency outside West Warwick is temporary and that she has every intention of returning there. She just needs more time to tend to her family situation. The disruption of changing schools for the two children will not help that situation, particularly with regard to the elementary student who has learning difficulties and is thriving with his current teacher. Doe asks that the best interests of her children be considered.
The West Warwick School Department argues that the two children have been living in Warwick for several months and have established residency there. They are not homeless and need to enroll in Warwick. If circumstances change and they re-establish residency in West Warwick, they can return to West Warwick schools.
The Warwick School Department states that it will abide by any determination herein that the children’s education is the responsibility of the Warwick public schools.
Discussion
Public school enrollment in Rhode Island is based on a student’s residency. Rhode Island General Law 16-64-1 states that “[a] child shall be deemed to be a resident of the city or town where his or her parents reside.” The “shall be deemed” provision creates a rebuttable presumption of residency with the parent. The evidence in this case shows that Doe, the mother of the two children at issue, has taken up residence in Warwick. The evidence further shows that her children live with her in Warwick. The presumption has not been rebutted. Doe’s two youngest children therefore are residents of Warwick for public school enrollment purposes. They need to be registered in Warwick if they wish to attend public school.
Doe asks that we exercise some discretion in the particular circumstances of her family situation. The West Warwick School Committee, not this office, possesses that discretion. We will stay the effect of this decision for two weeks in order to give Doe the opportunity to present her case to the West Warwick School Committee.[2] Unless the Committee decides otherwise, however, the terms of the residency statute require Doe to change the enrollment of her two children to Warwick in order for them to attend public school in Rhode Island.
Conclusion
Doe’s two children currently are residents of Warwick. Absent some alternative resolution by the West Warwick School Committee in the next two weeks, Doe must transfer her children’s enrollment to Warwick for purposes of attending public school.
Footnotes
[1] A hearing in this matter was held on January 31, 2017.
[2] The next scheduled meeting of the West Warwick School Committee is February 14, 2017. Arrangements to appear before the Committee must be made promptly through the Superintendent’s office. The week of February 20th is a school vacation week.
Paul E. Pontarelli
Hearing Officer
Approved:
Ken Wagner, Ph.D.
Commissioner
Date: February 7, 2017