§ 16-64-6 - Disputes over residency – Determination proceedings. - Rhode Island Statutes

SECTION 16-64-6

   § 16-64-6  Disputes over residency –Determination proceedings. – When a school district or a state agency charged with educating children deniesthat it is responsible for educating a child on the grounds that the child isnot a resident of the school district or that the child is not the educationalresponsibility of the state agency, the dispute shall, on the motion of anyparty to the dispute, be resolved by the commissioner of elementary andsecondary education or the commissioner's designee who shall hold a hearing anddetermine the issue. At any hearing, all parties in interest shall have theright to a notice of the hearing and an opportunity to present evidence andargument on their own behalf. A hearing under § 16-39-2 shall not be aprerequisite to a hearing under this section. The commissioner of elementaryand secondary education shall have power to issue any interim orders pending ahearing needed to insure that a child receives education during the pendency ofany matter. Interim orders and all final orders shall be enforceable in thesuperior court for Providence County at the request of any interested party andshall be subject to review in the superior court in accordance with the RhodeIsland Administrative Procedures Act, chapter 35 of title 42.