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San Mateo-Foster City SD |  AR  5111.1  Students

District Residency   

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Criteria for Residency

A student shall be deemed to have complied with district residency requirements for enrollment in a district school if he/she meets any of the following criteria:

1. The student's parent/guardian resides within district boundaries and the student is physically living in the residence at the time of registration. (Education Code 48200)

Ownership of real property within the district does not in and of itself constitute residency. Occasional visitation and overnight stays do not constitute residency.

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)

3. The student has been admitted through an interdistrict attendance option. (Education Code 48204, 48356)

(cf. 5117 - Interdistrict Attendance)

(cf. 5118 - Open Enrollment Act Transfers)

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)

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. (Education Code 48980)

(cf. 5145.6 - Parental Notifications)

Proof of Residency

The Superintendent or designee may annually verify each student's district residency status and retain a copy of the document or written statement offered as verification in the student's mandatory permanent record. (5 CCR 432)

(cf. 5111 - Admission)

(cf. 5125 - Student Records)

Proof of Residency (Education Code 48204) refers to the acceptance of required documentation needed to verify current district residency for student registration. Student Services will make the final determination as to the completeness and authenticity of the residency proof. Evidence of residency may be established by documentation showing the name and address of the parent/guardian within the district. One proof of residency is required from each of the following three groups:

Group 1:

1. Current photo identification-current California State Driver License, Current California State ID Card or Valid Passport or Consulate Issued Picture ID

Group 2:

1. Current rental/lease agreement with the following:

a. Parent/guardian name

b. Student name(s)

c. Name of manager/owner and telephone number

2. Current property tax bill payment receipt

3. Current homeowner's or renter's insurance policy

4. State or federal tax return with a W-2 attached (please remove social security number and income information from these documents before submitting)

5. Payroll/check stub with name and address

Group 3:

1. Current utility service contract, statement, or payment receipt (e.g. PG&E, telephone, water, garbage, or cable TV), must be dated within the past 60-days. New residents will have 30 days following enrollment to bring a utility bill.

a. If a student is not living with his/her parent/guardian and the primary residence is with a caregiver, the parent/guardian (if available) and caregiver must complete a Caregiver Affidavit with Student Services. The caregiver must provide photo identification and two current proofs of residency within the district boundaries. See Proofs of Residency section for required documentation.

b. If both the student and the parent/guardian are living in a home where the parent/guardian's name does not appear on the proof of residence, both the parent/guardian and the person with whom the student resides must sign an Affidavit of Residence. The parent/guardian will be requested to provide proof of address within 30 days of enrollment. The person with whom the parent/guardian resides will be asked to provide photo identification and two current proofs of address at the time of turning in the Affidavit of Residence. See Proof of Residency section for required documentation.

c. For students continuing on an Affidavit of Residence, the parent/guardian must provide proof of residency as determined by the district along with a renewed Affidavit of Residence form for each subsequent year. The district reserves the right to require additional proof.

d. Students not living in the district at the time of registration must have an interdistrict transfer approved before registration is completed and before the student will be allowed to attend school.

e. Children living in the district who do not reside in a permanent, fixed residence shall be admitted to district schools upon presentation of any of the following: 1) hotel or motel receipts, 2) a letter from a social service agency verifying that the child lives within the district. A reasonable effort shall be made to secure an address, phone number, emergency contacts, and medical release from the parent/guardian when the child is enrolled in the district.

The Superintendent or designee shall make a reasonable effort to secure evidence that a homeless or foster youth resides within the district, including, but not limited to, a utility bill, letter from a homeless shelter, hotel/motel receipt, or affidavit from the student's parent/guardian or other qualified adult relative.

However, a homeless or foster youth shall not be required to provide proof of residency as a condition of enrollment in district schools. (Education Code 48853.5; 42 USC 11432)

(cf. 6173 - Education for Homeless Children)

(cf. 6173.1 - Education for Foster Youth)

Failure to Verify 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. This may include a home visitation. (Education Code 48204.1)

If the Superintendent or designee, upon investigation, determines that a student's enrollment or attempted enrollment is based on false or unreliable evidence of residency, he/she shall deny or revoke the student's enrollment. Before any such denial or revocation is final, the parent/guardian shall be sent written notice of the facts leading to the decision. This notice also shall inform the parent/guardian that he/she may provide new material evidence of residency, in writing, to the Superintendent or designee within 10 school days. The Superintendent or designee shall review any new evidence and make a final decision within 10 school days.

It is the responsibility of the parent/guardian to inform the school district immediately of any change in residence that may cause a student to enroll in a school out of the district or enroll in another school within the district.

Safe at Home/Confidential Address 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 shall use the substitute address for all future communications and correspondence and shall not include the actual address in the student's file or any other public record. The Superintendent or designee may request the actual residence address for the purpose of establishing residency within district boundaries. (Government Code 6206, 6207)

(cf. 3580 - District Records)

Registration

The parent/guardian of a student to be enrolled in the district must be present to complete the necessary enrollment papers. The following documentation is required:

1. Current photo identification-current California State Driver License, Current California State ID Card or Valid Passport or Consulate Issued Picture ID.

2. Proof of Residency (see above). Post Office boxes and drivers' licenses are not acceptable as proof of address for enrollment. Falsification of address may result in the disenrollment of a student.

3. Student's birth certificate (original may be requested) or passport.

4. Documented proof of immunizations.

5. Complete health examination. (Children may have had the examination as early as six months before entering kindergarten and up to 90 days after entering first grade.)

All registration forms/materials are to be filled out completely, signed and dated before registration is considered complete and the student is permitted to attend school. No student will be considered to be registered, nor will the student be placed on a wait list, until all requirements are completed.

The district will ensure that every student with a completed registration be placed in a school as soon as possible. In the instance when this is not feasible for reasons of a student's health or severity of disability, or need for placement assessment, written permission to delay the student's attendance must be obtained from the parent.

If registration pre-dates the start of school attendance by more than a month, a second utility bill will be requested after thirty days. Other documents and information may be required at the time of registration, depending on individual circumstances.

Accommodations will be made for children who are homeless and in foster care, in accordance with the provisions of the McKinney-Vento Homeless Assistance Act and AB 490.

Parents will be informed in writing, and parents will sign the letter, that registration at the school of residence does not guarantee enrollment at that school. Each school office will also post a notice of the aforementioned. Priority for enrollment will be given to those who register by the posted priority enrollment deadline. Parent/guardian's should plan to have their student attend-their-school of assignment unless otherwise notified.

Once assigned to a school, a student shall remain at that school through the course of the school year.

Legal Reference:

EDUCATION CODE

35351 Assignment of students to particular schools

46600-46611 Interdistrict attendance permits

48050-48054 Nonresidents

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 SAN MATEO-FOSTER CITY SCHOOL DISTRICT

approved: June 5, 2014 Foster City, California