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Which School System Can Kids Attend?

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spinningtrax

Junior Member
What is the name of your state?What is the name of your state? Massachusetts

I am divorced and have two school aged kids. My ex wife and me have joint legal and physical custody of both kids. Their time is split 50/50 between her home and my home.

My ex lives in the town that we lived in when we were married. She has bought a new house and has been a continuous homeowner in that town for more than 10 years.

Both kids have been enrolled in that town's public school system every September since they first started school.

I bought a home in and live in a neighboring town. Towards the end of the last school year one of my kids had a conflict with one of the counselors in the school who was just working there on an interim basis (covering for someone who was out on maternity leave). That is an important factor because that child has been qualified for a section 504 disability.

Since it seemed that the school was not especially helpful in resolving the conflict with the counselor, I enrolled my child in the public school system in my town to finish off the last 10 weeks of the school year. She successfully completed the year on the honor roll, just as she did every other term at the prior school.

Now September is rolling around and my ex wife is trying to enroll our child back into the school system that she's been in for the last 7 years in a row. But the school is now giving her a hard time telling her that she must live with her for 90% of the time in order to attend public schools in her town.

I cannot believe that this is a legal requirement. If that were the requirement imposed by every town's public school system then any kids who are in a joint legal and physical custody situation would not be allowed to enroll in any public school!

Ironically our younger child continues on in the same school system without any questions being asked about her residency status. I feel that the school system is trying to make it difficult for our older child to re-enroll in the school
because they don't want to have to deal with a section 504 case if they don't have to.

I've tried searching for information on this topic but haven't found anything that is definitive in addressing this situation which I would imagine must be common?
 


BelizeBreeze

Senior Member
Got in person with your wife to the school and ask for the name of their attorney. Then go visit him/her and ask to see the specific state statute, school board ruling or any other legal requirement as stated to you by the school.

If there is one, then consult an attorney locally on how to proceed. If not, then tell the school you will be enrolling your child as always and if she is not accepted you will file suit.

You need to be united in this.
 

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