Reply to Rulemaking on residency fraud: Comment now!

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Reply to "Rulemaking on residency fraud: Comment now!"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]So, does this close the loopholes:

5001.5 The District of Columbia is the bona fide residence of the student’s parents, guardian, custodian, primary caregiver, or adult student for the purposes of this Chapter, if the person seeking to enroll the student has established both a:
(a) Physical presence in the District of Columbia; and
(b) Legal presence in the District of Columbia.

The next section clarifies the joint custody type situations.[/quote]

It doesn't seem to address people with multiple residences. [/quote]

Sort of. "Reside or resident – To establish both a physical presence and legal presence as defined in this chapter."  So, you must have both:

"Legal presence – The jurisdiction of taxing authorities and the locality where a person seeking to enroll a student may exercise the privilege of voting and other legal rights and privileges."

AND

"Physical presence – The actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time."

This include the child's physical presence, because the child must 'reside" with the person enrolling the child, absent one of the exceptions like homelessness, ward of the state, joint custody exceptions.

Problems:

"jurisdiction of taxing authorities" -- which ones? Sales tax? Property tax? Income tax? Any of the above? This captures everyone who shops in DC, no?

"may exercise the privilege of voting and other legal rights and privileges" - never mind to too broad to be meaningful "other legal rights and privileges," but the voting requirement ends up being circular, because to have the right to vote in DC, you must .... reside in DC. Proof for voting? "Valid proof of residence is either a copy of a current and valid government photo identification, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter."

"actual occupation" -- for how much time? Can you have a rent paying "roommate"?

"intent to dwell for a continuous period of time" -- intent. Sigh.

So, the drafter probably thought this could only mean that your residence is where you go home from work to sleep every night, but ....

But, maybe they should require the Voter ID as proof of residency. That would make cheaters commit a felony or give up their representation to enroll in DC schools.[/quote]

I'd prefer to see words like "primary residence" or "principal residence." It just seems like there's too much wiggle room for people who split their time at several places.[/quote]

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