Is this residency fraud?
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Anonymous
OSSE has nothing to do with DCPS boundaries or boundary cheating. It is up to DCPS. |
Anonymous
|
the bloodhounds inhabit a fantasy world where this sort of family gets busted by OSSE
they don't enough already |
Anonymous
OSSE writes the residency rules. DCPS interprets them. |
Anonymous
DCPS only cares about boundary cheating post enrollment in the fantasy world. |
Anonymous
Such textbook bureaucratic bloat. Good thing that DC will never be a state. Then across the board there would be state agencies to make the rules and municipal agencies to interpret and implement them. Think of all the bureaucracy jobs that could be created, to be filled by folks who move to Maryland — and then sneak their kids into DC schools! |
Anonymous
Maybe. But OP does not actually have a strong legal case FYI. |
Anonymous
?? There's no such thing as "shared custody" with a Grandparent. |
Anonymous
In our parallel DC universe apparently there is. |
Anonymous
I'm a lawyer (USG, 20 years) and DCPS parent who disagrees. I've taken a hard look at DC laws on school residency and domicile, and minor changes to them, over the last four or five years. It's clear to me that if OP acquires both appropriate residency and domicile documents in the address of her condo before enrolling her child in a DCPS program, and the unit remains in the hands of nuclear family members (both as owners and occupants) while her child attends DC public schools, I see a strong legal case, if not an airtight one. |
Anonymous
If you look at the General Instructions on the most recent version of the D-40EZ/D-40 form DC Tax uses, you see that DC income tax must be paid if a taxpayer "maintained a place of residence in DC for a total of 183 days or more." No definition of place of residence provided. The wording leaves the door open to a variety of means of establishing and maintaining place of residence in this government town. Because many DC citizens are in fluid residency situations, due to the political cycle and the large federal work force working in and around the District (with some agencies and the military posting their employees to states and other countries at short notice), DC law on domicile is appropriately flexible. This isn't the case in many states. General Instructions for D-40EZ/D-40 __________________________________________ Who must file a DC Income tax return? You must file a 2018 DC Individual Income tax return if: • You were a District of Columbia (DC) resident in 2018 and were required to file a federal income tax return. (A resident is an individual whose permanent legal residence is within the District during the taxable year); or • You maintained a place of residence in DC for a total of 183 days or more during 2018 even if your permanent residence was outside DC (see instructions for part-year residents, page 25); or • You were a member of the United States (US) armed forces and DC was your legal residence for tax purposes for all or part of 2018. |
Anonymous
I agree OP's risk would be relatively low since there is lower hanging fruit. But it is not because she has a strong legal case. She clearly is wrong on the law. But it would be hard for them to prove she doesn't actually reside in the IB house (and if an investigation started she could start residing there) so DC probably wouldn't bother. But there is a huge difference between practical risk and actual legality. |
Anonymous
| Op will be fine legally and a pariah socially. Seems fair. |
Anonymous
Nope. The form asks where she "resides" and DC statute prohibits lying on the form. You don't "reside" somewhere by changing your address on the utility bills. You'rs a terrible lawyer who has likely never actually filed a lawsuit. |
Anonymous
No she won't. The Ward 3 DCPS schools are giant and she's under no obligation to discuss or explain her residency situation with anybody in a school community. A few years ago, when one of us had lost their job, we crammed into a 1-bedroom place OOB and rented out our IB house for a school year to make ends meet (after several years of our two kids attending the school). We never mentioned our living situation to anybody outside our immediate families and circle of very close friends and the subject never came up at school. |
Anonymous
pariah socially, total bs. we've moved between 2 houses on cap hill for many years, like other dcps families we know. we don't talk about our set-up as a general rule, and nobody much cares when we do. we've never had trouble with dcps on enrollment or residency, or the tax man either. |