Criteria for Residency
A student shall be deemed to have complied with District residency requirements if he/she meets any of the following criteria:
1. The student's parents/guardians reside within District boundaries. (Education Code 48200)
(cf. 5111.13 - Residency for Homeless Children)
(cf. 6173 - Education for Homeless Children)
2. The student is placed within District boundaries in a regularly established licensed children's institution, a licensed foster home or a family home pursuant to a court-ordered commitment or placement. (Education Code 48204)
(cf. 6173.1 - Education for Foster Youth)
3. The student has been admitted through the District's interdistrict attendance program. (Education Code 48204)
(cf. 5117 - Interdistrict Attendance)
4. The student is an emancipated minor residing within District boundaries. (Education Code 48204)
5. The student lives with a caregiving adult within District boundaries. (Education Code 48204)
6. The student resides in a state hospital located within District boundaries. (Education Code 48204)
7. The student is confined to a hospital or other residential health facility within District boundaries for treatment of a temporary disability. (Education Code 48207)
(cf. 6183 - Home and Hospital Instruction)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
District residency is not required for enrollment in a regional occupational center or program if there are openings in the program or class. (Education Code 52317)
The Superintendent or designee shall annually notify parents/guardians of all existing attendance options available in the District, including, but not limited to, all options for meeting residence requirements for school attendance. (Education Code 48980)
(cf. 5145.6 - Parental Notifications)
Proof of Residency
Prior to admission in District schools, students shall provide proof of residency.
(cf. 5111 - Admission)
The Superintendent or designee shall annually verify the student's residency and retain a copy of the document or written statement offered as verification in the student's mandatory permanent record. (5 CCR 432)
Upon enrollment of a student residing in the home of a caregiving adult within District boundaries, the caregiving adult shall execute, under penalty of perjury, the affidavit specified in Family Code 6552.
(cf. 5141 - Health Care and Emergencies)
Reasonable evidence of residency may be established by documentation including, but not limited to, two of any of the following:
• Final Escrow Papers
• Current Lease Agreement
• City Water Bill
• Electric Bill
If any District employee reasonably believes that the parent/guardian of a student has provided false or unreliable evidence of residency, the Superintendent or designee shall make reasonable efforts to determine that the student meets District residency requirements.
Safe at Home Program
When a victim of domestic violence or stalking participating in the Safe at Home Program presents an actual residence address to establish residency within District boundaries, the Superintendent or designee shall not include the actual address in the student's file or any other public record and shall instead use the substitute address designated by the Secretary of State for all future communications and correspondence. (Government Code 6207)
(cf. 3580 - District Records)
(cf. 5125 - Student Records)
Denial or Revocation of Enrollment
If the Superintendent or designee, upon investigation, determines that a student's enrollment or attempted enrollment is based on false evidence of residency, or that the student no longer resides within the District, he/she shall revoke the student's enrollment. Before any such revocation, the parent/guardian shall be sent written notice that the school has credible evidence that the student is not a resident of the District. The letter will indicate that the parent has the right, within ten days to provide adequate proof of residence to their child's school of attendance. If the parent/guardian fails to provide satisfactory evidence of residence, the student's enrollment shall be revoked on the Friday following the confirmation of non-residence.
Legal Reference:
EDUCATION CODE
35351 Assignment of students to particular schools
46600-46611 Interdistrict attendance permits
48200-48208 Compulsory education law
48356 Open Enrollment Act transfer, fulfillment of residency requirement
48853.5 Education of foster youth; immediate enrollment
48980 Notifications at beginning of term
52317 Regional occupational program, admission of persons including nonresidents
FAMILY CODE
6550-6552 Caregivers
GOVERNMENT CODE
6205-6210 Confidentiality of residence for victims of domestic violence
CODE OF REGULATIONS, TITLE 5
432 Varieties of student records
UNITED STATES CODE, TITLE 42
11431-11435 McKinney-Vento Homeless Assistance Act
COURT DECISIONS
Katz v. Los Gatos-Saratoga Joint Union High School District, (2004) 117 Cal.App.4th 47
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
0303.95 Verification of residency, LO: 1-95
OFFICE FOR CIVIL RIGHTS, U.S. DEPARTMENT OF EDUCATION PUBLICATIONS
Dear Colleague Letter, May 6, 2011
WEB SITES
California Department of Education: http://www.cde.ca.gov
California Secretary of State, Safe at Home Program: http://www.sos.ca.gov/safeathome
Office for Civil Rights, U.S. Department of Education: http://www2.ed.gov/about/offices/list/ocr
Regulation CARLSBAD UNIFIED SCHOOL DISTRICT
approved: July 26, 2006 Carlsbad, California
revised: May 27, 2008
revised: April 25, 2012