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Frequently Asked Questions About Residency for WVES
Q: What are my rights as a second home taxpayer in Waterville Valley in regards to school attendance?
A: Under New Hampshire law a non-resident taxpayer with a second home in Waterville Valley does not have a legal right to send his/her children to WVES unless the property owner is a legal resident of Waterville Valley. NH RSA 193:12 1 reads, in part, as follows:
"Notwithstanding any other provision of law, no person may attend school, or send a pupil to the school, in any district of which the pupil is not a legal resident, without the consent of the district or of the school board. . . "
Q: What is the legal residence of a child?
A: The legal residence of a child is the legal residence of the parent(s) with whom the child lives, or, if the child has a court appointed legal guardian, the legal residence of the guardian. RSA 193:12, 11.
Q: If I own a second home in Waterville Valley, does that make me a legal resident?
A: To be a legal resident, the parent or guardian must be:
"(a) natural person who is domiciled in the School District and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent. A married person may have a domicile independent of the domicile or his or her spouse... a person may have only one legal residence at a given time." RSA 193:12, 111.
Owning a second home in Waterville Valley and paying real estate taxes to Waterville Valley does not make a person a legal resident. A person is not a legal resident unless Waterville Valley is his/her principal place of residence or domicile.
(Based on legal opinion of Barbara Loughman of Soule, Leslzie, Kidder, Sayward & Loughman)
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