2009 REVIEW OF CONTESTED RESIDENCY CASES

2009.1 The review of all contested residency cases, the promulgation of procedures for enforcement of residency requirements, and the enforcement of residency and tuition payment requirements shall be the responsibility of a Tuition Enforcement Office designated by the Superintendent of Schools.

2009.2 In any case where a student has been denied admission on the grounds that the student is not a resident of the District of Columbia for the purposes of tuition-free instruction pursuant to the provisions of § 2000, the adult student or minor student's parent or guardian shall be given written notice of the denial and notice of the procedures for review of the claim of residency as provided in this section.

2009.3 Requests for review of contested residency cases must be filed in the required time period, within 10 (ten) school days of the issuance of the decision, by an adult student, or minor student's parent, guardian or other responsible adult with the Superintendent or the Superintendent's designee. If a request for review is not filled within a timely manner, then the decision by the Superintendent or the Superintendent's designee is the final administrative decision of the D.C. Public Schools.

2009.4 Upon receipt of a request for review of a contested residency case, the Superintendent or the Superintendent's designee shall notify the claimant of all rights and procedures applicable to the conduct of the review.

2009.5 In all contested residency cases, the Superintendent or the Superintendent's designee shall first attempt to settle claims through fact finding, interviews, and discussion with the parties.

2009.6 The review of the contested residency shall be performed by the Superintendent or the Superintendent's designee. If, after the review of the contested residency case, it is determined that the claimant failed to provide the required proof of District of Columbia residency, the decision of the Superintendent or the Superintendent's designee shall be the final administrative decision of D.C. Public Schools.

2009.7 In all contested residency cases, currently enrolled student shall be allowed to continue to attend school without prepayment of tuition pending the final administrative decision by the D.C. Public Schools.

2009.8 - 2009.16 [Deleted]

SOURCE: Final Rulemaking published at 24 DCR 1005, 1019 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 182 (January 6, 1989); and by Final Rulemaking published at 45 DCR 2329, 2332 (April 17, 1998).