The latest on my school situation is that the district is still refusing to budge. They will not enroll my son unless I submit a notarized residency affidavit--in fact, I must submit their specific form.
What's happening is that they do not dispute my residency. They are asserting their power to force me to comply with the policy they have set up. On one hand, I can see that people need to follow the policies of the district. On the other, the policy exists only to ensure residency.
I got the most cracktastic letter from the district's lawyers on Saturday. I had sent a letter indicating that I was going to use my right to pursue legal action under Massachusetts General Law 76.16, which reads:
Section 16. Any pupil who has attained age eighteen, or the parent, guardian or custodian of a pupil who has not attained said age of eighteen, who has been refused admission to or excluded from the public schools or from the advantages, privileges and courses of study of such public schools shall on application be furnished by the school committee with a written statement of the reasons therefor, and thereafter, if the refusal to admit or exclusion was unlawful, such pupil may recover from the town or, in the case of such refusal or exclusion by a regional school district from the district, in tort and may examine any member of the school committee or any other officer of the town or regional school district upon interrogatories.
The lawyer claimed that since I have not fulfilled the residency requirement, I am not a resident, thus I can't sue.
OK, if I'm not a resident of the town, then I must be homeless. At which point I am entitled to certain protections under McKinney Vento, one of which is that the district can't require a residency affidavit from me.
See how ridiculous this is?
Further ridiculousness: they are not disenrolling my daughter.
In my research, I have learned that school districts often violate the laws. Pennsylvania seems to have a particular problem. (pdf file) New Jersey has a whole Education Law Center devoted to protecting student rights. I wish Massachusetts had something similar.