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DC Public and Public Charter Schools
Reply to "proof of residency question"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]It's not true because...you say so? As a matter of fact, if there's no lease holder renting one of the residential properties you own, you can indeed choose that property as your DC tax and DCPS enrollment address under current DC law. We recently hired a reputable real estate lawyer to research DCPS residency issues with DC tax authorities, OSSE and DCPS. What he told us was that while one can argue that a parent would not be respecting the "spirit of the law" in using an address where they don't sleep most of the time to enroll, you couldn't argue that they're breaking the law and expect to win the argument in court, given the way the relevant laws are written. This has been pointed out by lawyers posting on other residency related threads. The law even permits spouses to claim separate DC domiciles for tax and school enrollment purposes. None of the residency vigilantes who like calling the OSSE tips line want to hear this. They wish that the law was written differently and love to claim that it is. [/quote] See, e.g., https://enrolldcps.dc.gov/sites/dcpsenrollment/files/page_content/attachments/SY18-19%20DCPS%20Enrollment%20and%20Lottery%20Handbook%20FINAL.pdf Page 6 defining in-bounds as where a student's parent lives. And why do you think a real estate lawyer would be particularly well suited to look at this issue? It has nothing to do with a real estate lawyer's practice.[/quote] Yeah, you got crap legal advice from a real estate lawyer, as opposed to a defense attorney. The current residency forms state "I understand that if I provide false information or documentation, I can be referred to DC Office of the Inspector General for criminal prosecution or to the DC Office of the Attorney General for prosecution under the False Claims Act and under D.C. Code ยง 38-312 which provides that any person who knowingly supplies false information to a public official in connection with student residency verification shall be subject to payment of a fine of not more than $2,000 or imprisonment for not more than 90 days, but not both a fine and imprisonment." The erollment form asks for the child's home address and states "I confirm all the information provided above is correct to the best of my knowledge. I understand that DCPS will keep this information confidential and will use it for DCPS business only. I understand that providing false information is punishable by law." There's no definition of those terms where "Residence" and "home address" mean: property I own or rent, where the child never actually lives. [/quote]
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