Reply to Rent a 2nd place in a better boundary

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[quote=Anonymous][quote=Anonymous]

[b]Twelve pages into the thread not one person has provided a cite to any sort of relevant regulation.[/b]

It's like this:
http://www.theonion.com/articles/legal-dream-team-of-coworkers-counsel-woman-on-str,36424/[/quote]

I think this might be the applicable DCMR (DM Municipal Regulation):

http://www.dcregs.dc.gov/Gateway/RuleHome.aspx?RuleNumber=5-E2002

(then click on view text)

It basically says that students attend the school in attendance zone where "the applicant resides" (Section 2002.1) .  Supplying false information can result in a fine of up to $500 plus referral for potential prosecution (Section 2000.12).  So the question is what does it mean to reside, is paying rent enough.[/quote]

More to the point, since 9:19 is probably not going to bother reading the DCMR:

"2105.1	Except as provided otherwise in this chapter, a student shall be required to attend the school for which the student is eligible which serves the attendance zone established for his or her place of residence, as defined in § 2199.

...

2199	Definitions.

2199.1	Unless the same term or phrase is defined in § 2199.2, the definitions set forth in § 2099 are incorporated in this chapter by reference and shall apply to the terms and phrases used in this chapter.

...

2099	DEFINITIONS

2099.1 ....

Parent - is a person who has custody or control of a student and whose legal relationship to the student is that of natural parent, step-parent, or parent by adoption.

Residence of an adult student - the address where the adult student actually resides.

Residence of a minor student - is defined as one of the following:

(a)	The address of the residence of the student’s parent or guardian who has custody or control of the student; or

(b)	The address where the student resides with relatives or a non-court appointed guardian or custodian, in the case of a student who does not have a parent or court- appointed guardian residing in the District of Columbia."

So as seen in the definition of residence of an adult student and under general rules of construction, residence means where the person at issue "actually resides" (e.g., the adult student or minor student's custodial parent), so the child must actually reside in the school's attendance zone to be in bound for that school. Did anyone really doubt that this was the law? Are they going to go after someone who owns two places and keeps one totally vacant (e.g., does not sublet it), but uses the address?  I doubt it. But I doubt that happens much. BTW, they should go after someone who sublets because then clearly the owner does not and cannot reside there.

[Note that (b) is not a grandparent and auntie loophole -- it is for orphans who have not been formally adopted or who have not been appointed a guardian yet - and even there, the student must actually reside at the address.] 
[/quote]

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