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Hope ESD  |  AR  5111.1  Students

Hope Elementary School District Residency Policy   

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The Board of Trustees of Hope Elementary School District (hereinafter "the District") recognizes the basic principle that a student should attend a school in the district in which the student resides. Therefore, the primary residence of a student attending a District school shall fall within the boundaries of the District (Education code 48201). (Please see Exhibit 1 attached, the Hope District map, which delineates the boundaries of the District, adopted on December 19, 1996.)

Primary residence is defined as the student's permanent residence and the place where the student physically resides for at least 50% of the school days and nights, during the months of September through June.

In addition, the District Board of Trustees recognizes that a student should attend the individual neighborhood school in the geographic region in which the student resides, unless the student's parents or legal guardians request an intra-district transfer or the student's neighborhood school does not have the capacity for additional students. (Please see Exhibit 1, which delineates the attendance areas for each of the three District neighborhood schools.)

Criteria for Residency

A student shall be deemed to have complied with the District residency requirements if the student meets any of the following criteria and provides proof of district residency:

1. The student and his or her parents or legal guardians reside within the District boundaries as delineated by the District map attached as Exhibit 1. (Education Code 48200)

(cf. 5111.13 - Residency for Homeless Children)

(cf. 6173 - Education for Homeless Children)

2. The student is placed within the 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 lives with a care-giving adult within the District boundaries. (Education Code 48204)

Proof of District Residency

Prior to admission in a District school, and at the beginning of each subsequent year, parents or legal guardians shall provide proof of a student's residency within the District.

(cf. 5111 - Admission)

The Superintendent or designee may 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)

The District may require a notarized statement of a student's residency as part of the verification of residency.

Upon enrollment of a student who resides in the home of a care giving adult within the District boundaries, the care giving 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, any of the following:

Home Owner

1. Grant Deed with County Recorder's stamp

OR

2. Latest Property Tax Statement

AND

3. Most current utility bill (gas or electric) - Not cable or telephone

Renter

1. Lease or Rental Contract from Owner or Rental Property Manager

OR

2. Receipts for deposits, current rental or lease payments

OR

3. Note from landlord verifying residence and including his/her name, address and telephone number - the landlord in turn will need to prove home ownership as listed above

AND

4. Most current utility bill (gas or electric) - Not cable or telephone

New Home Owner

1. Final escrow closing documents - closing statement showing date of close of escrow.

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)

Revocation of Student Enrollment in District

Student Discontinuance of Residency in District

If for any reason a student who had previously resided within District boundaries as delineated in Exhibit 1 moves out of the District boundaries, the student will be released from the District within (30) thirty calendar days. The superintendent has the authority to extend this release date for up to (90) ninety calendar days in cases where special circumstances may exist and in which parents or legal guardians have promptly notified the district of their residency change.

Failure to Provide Reasonable Evidence of Residency, or False or Suspicious Evidence

A parent or legal guardian who 1) fails to provide reasonable evidence of District residency pursuant to the section entitled Proof of District Residency above or 2) provides false or suspicious evidence of residency; will receive written notification from the Superintendent's office that the student's enrollment has been revoked. Revocation of enrollment in the District will occur no sooner than the (11th) eleventh school day following the date of the written notification of revocation. Parents or legal guardians will receive copies of the District policy and be informed of the appeal process as an attachment to the revocation letter.

Investigation of Residency

When the Superintendent or designee reasonably believes that a student's parent/guardian has provided false or unreliable evidence of residency, he/she may make reasonable efforts to determine that the student meets district residency requirements. An investigation may be initiated when the Superintendent or designee is able to identify specific, articulable facts supporting the belief that the parent/guardian has provided false or unreliable evidence of residency. (Education Code 48204.1, 48204.2)

The Superintendent or designee may assign a trained district employee to conduct the investigation. The investigation may include the examination of records, including public records, and/or interviews of persons who may have knowledge of the student's residency.

If necessary, the Superintendent or designee may employ the services of a private investigator to conduct the investigation. Before hiring a private investigator, the Superintendent or designee shall make other reasonable efforts to determine whether the student resides in the district. (Education Code 48204.2)

The investigation shall not include the surreptitious collection of photographic or videographic images of persons or places subject to the investigation. However, the use of technology is not prohibited if done in open and public view. (Education Code 48204.2)

Any employee or contractor engaged in the investigation shall truthfully identify himself/herself as an investigator to individuals contacted or interviewed during the course of the investigation. (Education Code 48204.2)

Appeal of Enrollment Denial

The parent(s) or legal guardian(s) may petition the Board of Trustees to appeal a revocation of enrollment to provide proof of residency as outlined in AR 5111.1 (b). Appeals will be deemed invalid if they do not dispute valid residency in the district, or if the parent or legal guardian does not comply with appeal procedure. Invalid appeals will be denied and the student will be asked to leave the school district two weeks after the written notification of revocation by the superintendent's office.

Appeal Procedures

1. The parent(s) or legal guardian(s) may petition the Board of Trustees to appeal a revocation of enrollment to provide reasonable proof of residency as outlined in AR 5111.1.

2. The parent or legal guardian must submit a letter addressed to the Board of Trustees at the District Superintendent's office, 3970 La Colina Road, Santa Barbara, CA 93110, stating the reasons for requesting the appeal.

3. The letter must be received within two weeks of the date on the written notification of revocation sent by the superintendent's office.

4. The District will only grant appeals that follow procedures outlined in AR 5111.1. Appeals that do not meet these criteria or that do not dispute valid residency in the district will be deemed invalid. If an appeal request is invalid, the appeal will be denied and the student will be asked to leave the school district no later than two weeks after the written notification of revocation by the superintendent's office.

5. The parent or legal guardian will be notified of the date and time set for the appeal hearing.

6. The student will remain in the District school until the final decision by the Board of Trustees is reached.

7. The Board of Trustees may reach a decision at the appeal hearing. If a decision is reached at the appeal hearing, the parent or legal guardian will be notified of the decision at that time, and, if the appeal is denied, the parent or legal guardian will be provided written notification of the student's last day of enrollment in the District.

8. The Board of Trustees may delay their decision if more information is required. In such a case, a second appeal hearing may be scheduled and the parent or legal guardian will be notified in writing of the date of the second appeal hearing. At the second appeal hearing, the Board of Trustees will make a decision, and the parent or legal guardian will be notified of the decision at that time and, if the appeal is denied, will be provided written notification of the student's last day of enrollment in the District.

9. If the appeal is granted the student will remain at the school where he or she is enrolled. The parent or legal guardian may be required to produce additional evidence of District residency.

Inter-district Transfer Students

No new inter-district transfer students will be accepted as of March 7, 2006, except as noted below for children of qualified Hope School District staff.

Children of District Employees

Hope District employees who otherwise do not meet District residency requirements and who wish to enroll their children in a District school, may do so but with no guarantee of placement at a preferred school site.

Certificated employees who wish to enroll their children may do so on the first day of school following their date of hire with the District if they are in a position that qualifies them for benefits and they must remain employed by the District for their children to continue enrollment except as noted below in the case of receiving a layoff notice.

Should a certificated employee be laid off for fiscal reasons, the employee may request and be granted an inter-district transfer for any of their children already attending a District school at the time of the layoff. This shall be available during the time they remain on the 39-month rehire list, but as with all inter-district transfers, requires a yearly application.

Classified employees who wish to enroll their children may do so upon satisfactory completion of their (6) six month probationary period with the District, and the employee must be in a position that qualifies them for benefits, and the employee must remain employed by the District for the children to continue enrollment.

If for any reason the Certificated or Classified employee is released or resigns from the District, children of the employee will be released from the District within (30) thirty calendar days. The superintendent has authority to extend the release date for up to (90) ninety calendar days in cases where special circumstances may exist.

Prior to June 30 of each year, District employees must submit to the District office an inter-district transfer agreement from their resident district for their children's attendance in the District for the following year.

Class and School Capacity Restrictions, Limitations and Standards

The District will establish class and school capacity restrictions, limitations and/or standards consistent with State of California regulations, sound teaching practices, and District priorities. Capacity restrictions, limitations or standards may change year-to-year in keeping with changes in state regulations, teaching practices, or District priorities.

Enrollment Priorities

Priority for new and continued enrollment in one of the District's neighborhood schools shall be granted as space is provided and based on this priority list. (#1 having the highest priority)

1. Continuing in-district students to remain in their current school.

2. Siblings of continuing in-district students to attend the same school as their sibling.

3. Continuing in-district students who had been involuntarily transferred to a school outside their attendance area who wish to return to their neighborhood school.

4. Continuing in-district intra-district transfer students to attend their current school.

5. Continuing qualified employees' children to remain at the school where the qualified employee works unless the employee has requested a change.

6. Siblings of continuing qualified employees' children to attend the same school as their sibling.

7. New in-district students to attend their neighborhood school or school of choice.

8. Continuing Inter-district transfer students to attend their current school.

After the first teacher report day, students already enrolled in the District will have priority over students who request enrollment thereafter, irrespective of the above identified Enrollment Priorities.

When it is necessary to displace a student from one of the District's schools to another, those students with the lowest levels of priority will be displaced first, and those with higher priority displaced last.

Displacement decisions between students with the same priority level will be based on the student's family attendance history. Those families with the most consecutive years of attendance in the District by the student or siblings of the student will be given higher priority. If all is equal a lottery will be utilized to determine priority.

Legal Reference:

EDUCATION CODE

35351 Assignment of students to particular schools

48050-48054 Nonresidents

48200-48208 Persons included (compulsory education law)

48980 Notification of parent or guardian

FAMILY CODE

6550-6552 Caregivers

GOVERNMENT CODE

6205-6211 Confidentiality of residence for victims of domestic violence

CODE OF REGULATIONS, TITLE 5

432 Varieties of student records

Regulation HOPE SCHOOL DISTRICT

approved: October 12, 2009 Santa Barbara, California

revised: May 14, 2012

revised: August 28, 2017

revised: November 13, 2017