Gilroy USD | AR 5111.12 Students
Residency Based On Parent/Guardian Employment
Applications for Admission into District Schools
For purposes of determining eligibility for enrollment in a district school, district residency status may be granted to a student if at least one of his/her parents/guardians is physically employed within district boundaries for a minimum of 10 hours during the school week. (Education Code 48204)
(cf. 5111 - Admission)
(cf. 5111.1 - District Residency)
When applying for admission, the parent/guardian shall submit proof of the employment to the Superintendent or designee. This evidence may include, but not be limited to, a paycheck stub or letter from his/her employer listing an actual address within district boundaries. Documentation listing only a post office box as an address shall not be accepted.
Such evidence shall also indicate the number of hours per school week that the parent/guardian is employed at that location.
The Superintendent or designee may deny enrollment based on parent/guardian employment if any of the following circumstances exists:
1. The additional cost of educating the student would exceed the amount of additional state aid received as a result of the transfer. (Education Code 48204)
2. Enrollment of the student would adversely affect the district's court-ordered or voluntary desegregation plan. (Education Code 48204)
3. The school facilities are overcrowded at the relevant grade level.
4. Other circumstances exist that are not arbitrary. (Education Code 48204)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
Students enrolled in the district on the basis of parent/guardian employment shall not be required to reapply for enrollment in subsequent school years. Such students may continue to attend school in the district through the highest grade offered by the district, if the parent/guardian so chooses and if at least one of the student's parents/guardians continues to be physically employed within district boundaries, subject to the restrictions specified in items #1-4 above. (Education Code 48204)
The Superintendent or designee shall annually request the student's parent/guardian to provide evidence of the employment in order to determine the student's continuing eligibility for enrollment.
Requests for Transfers out of District Schools
When a student requests a transfer out of the district on the grounds that his/her parent/guardian is employed within the boundaries of another district, the Superintendent or designee may disallow the transfer for either of the following reasons: (Education Code 48204)
1. The difference between the number of students entering and exiting the district on the basis of parent/guardian employment exceeds the limits prescribed in Education Code 48204.
Whenever a student's application for a transfer into or out of the district is denied, the Superintendent or designee shall notify the parent/guardian in writing, including specific reasons for the denial.
(cf. 9324 - Minutes and Recordings)
46601 Failure to approve interdistrict attendance
46607 ADA calculation for residency based on parent employment
48200-48284 Compulsory education law, especially:
48204 Residency based on parent/guardian employment
ATTORNEY GENERAL OPINIONS
84 Ops.Cal.Atty.Gen. 198 (2001)
California Department of Education: http://www.cde.ca.gov
Regulation GILROY UNIFIED SCHOOL DISTRICT
approved: March 15, 2012 Gilroy, California