Petaluma City Schools | AR 5111.1 Students
Cautionary Notice 2010-13: AB 1610 (Ch. 724, Statutes of 2010) amended Education Code 37252.2 to relieve districts from the obligation, until July 1, 2013, to perform any activities that are deemed to be reimbursable state mandates under that section. As a result, certain provisions of the following policy or administrative regulation that reflect those requirements may be suspended.
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 parent/guardian resides 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)
In addition, district residency status may be granted to a student whose parent/guardian is physically employed within district boundaries.
(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 residency requirements for school attendance.
(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, any of the following:
1. Property tax payment receipts
2. Rent payment receipts
3. Utility service payment receipts
4. Declaration of residency executed by the student's parent/guardian
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 legal residency requirements.
Safe at Home Program
When a student or parent/guardian participating in the Safe at Home program requests that the district use the substitute address designated by the Secretary of State, the Superintendent or designee may request the actual residence address for the purpose of establishing
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 for all future communications and correspondence. (Government Code 6206, 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, he/she shall revoke the student's enrollment. Before any such revocation, the parent/guardian shall be sent written notice of the facts leading to the decision. This notice shall state the parent/guardian's right, within 10 school days, to schedule a meeting with a hearing officer to inspect supporting documents, rebut district evidence, question any district witnesses, and present oral and/or documentary evidence, including witnesses, on the student's behalf. For good cause, the hearing officer may extend the meeting date for an additional 10 days to permit the parent/guardian to obtain required documentation.
If the parent/guardian fails to schedule the above meeting, the student's enrollment shall be revoked 11 school days after the date of the notice.
If the above meeting is held, the hearing officer shall prepare a written decision describing his/her findings. If the hearing officer's decision is upheld, the parent/guardian shall be informed of his/her right to appeal to the Board of Education within 10 days.
A parent/guardian who appeals to the Board shall have the right to have a representative present and to rebut district evidence, question any district witnesses, and present oral and/or documentary evidence, including witnesses, on the student's behalf. Except in cases where good cause is shown, the Board shall not reopen the record to consider evidence or argument which was not presented to the hearing officer. The student may continue to attend school during the period of the appeal.
The Board's decision shall be final.
35351 Assignment of students to particular schools
48980 Notifications at beginning of term
52317 ROP, admission of persons including nonresidents to attendance area
CODE OF REGULATIONS, TITLE 5
432 Varieties of student records
AB 687, Ch. 309, Statutes of 1995
Katz v. Los Gatos-Saratoga Joint Union High School District, (2004) 117 Cal.App.4th 47
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
0303.95 Verification of residency, LO: 1-95
California Department of Education: http://www.cde.ca.gov
California Secretary of State, Safe at Home Program: http://www.ss.ca.gov/safeathome
Regulation PETALUMA CITY SCHOOLS
approved: October 11, 1996 Petaluma, California
revised: February 13, 2007
revised: April 8, 2008