Petitioner asserts that she established a new residence within respondent's district on or about January 1, 1994. Petitioner further maintains that she and her children continue to reside at that address. The private investigator's surveillance provides substantial evidence that petitioner and her children reside outside of respondent's district. The investigator's affidavit cites several instances where petitioner's children were picked up from school and driven to an address outside of the district, as well as other instances where the children were seen at that same address after school hours. The investigator further states that in response to his questions, petitioner's daughter told him that she lived at that address and that her mother was not home at the time.
Petitioner submits no further proof in reply to the surveillance report.
While petitioner submits some evidence of renting an apartment within respondent's school district, respondent submits substantial evidence demonstrating petitioner's physical presence at a residence outside of respondent's district. As petitioner has failed to establish actual physical presence, I find that petitioner and her children reside outside of respondent's district.