Parents fight back against residency fraud allegations at Duke Ellington School of the Arts

WASHINGTON - D.C.'s attorney general is suing families it claims committed residency fraud so that their children could attend the Duke Ellington School of the Arts. However, some parents are fighting back by filing a lawsuit of their own.

It all started with a report earlier this year that found signs of widespread enrollment fraud at Duke Ellington. An audit conducted by the city's Office of the State Superintendent of Education (OSSE) later found 164 students at the school were not legal D.C. residents, but claimed to be in order to avoid paying tuition fees to the school.

Eight families are pushing back against the allegations and are now demanding proof of the findings from OSSE over the alleged residency fraud.

Their lawsuit claims letters sent to parents "contained no notice of appeals rights, and no reference to how any review must be in writing and received by OSSE within 10 business days."

The lawsuit also states that "OSSE's letter failed to '[e]xplain that the student may remain enrolled at that school [where] he or she is attending school until a final decision is made,' as required by DC regulations."

Also, OSSE's letter did not give a basis for its finding, according to the lawsuit.

"What we have suggested is look, sit down, bring your evidence, stop hiding your information, show us what you got," said attorney Greg Smith.

A judge has ruled the letters sent to families by OSSE were not sufficient and OSSE has since released a statement saying they will be sending out new letters outlining parent's rights to appeal while students can remain at the school for the remainder of the school year.

However, for some of these parents, that still does not address their concerns of being wrongfully accused.

"It was very offensive when I read the letter," said Winston Clarke. "It made me feel like I had done something wrong."

Clarke and his wife are the parents of an 11th grade student at Duke Ellington and they said the original letter accusing them of residency fraud was sent to their home in Southeast D.C.

"We just want to be treated fairly," said Clarke. "If you are going to accuse me of doing something, then show me what you got and then I could tell you what I have."

"The worst thing that can happen in residency fraud investigations is to have somebody who is a D.C. resident who they find is not a D.C. resident," said Smith. "Because then that kid has been rendered stateless. They can't go to any D.C. school and they can't go to any other school either because they are really a D.C. resident."

The Clarkes have not received any new letters from OSSE and their attorney is still trying to get OSSE to release the list of the 164 students that are accused of residency fraud so they can reach out to those parents and help them navigate the appeals process.

OSSE has declined FOX 5's request for an interview.

These cases are now in the hands of the Office of the Attorney General for further investigation.