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Sequoia Union HSD |  AR  5111.1  Students

District Residency   

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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.

Prior to admission, students living within the District must provide proof of residency.

(cf. 5111 - Admission)

A student may establish residency by documenting that he/she lives with a parent/guardian within the District, is an emancipated minor living in the District, is in the court-appointed care of a licensed foster home, family home, or student's institution within the District, or lives in the home of a care-giving adult within the District. (Education Code 48204)

(cf. 5111.11 - Residency of Students with Caregiver)

(cf. 5111.12 - Residency Based on Parent/Guardian Employment)

(cf. 5111.13 - Residency for Homeless Students)

The District shall retain a copy of the document or written verification offered as proof of residency. In addition, the District shall annually verify the student's residency and retain a copy of the document or written statement offered as verification. (Code of Regulations, Title 5, Section 432)

(cf. 5125 - Student Records)

A student not residing within the District shall be deemed a district resident if admitted through the District's interdistrict attendance program or if the student is confined to a district-area hospital or residential care facility for treatment of a temporary disability. (Education Code 48206.3-48208)

(cf. 5117 - Interdistrict Attendance)

(cf. 6183 - Home and Hospital Instruction)

District residency is not required for enrollment in a regional occupational center or program. (Education Code 52317)

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. (Education Code 48204.6)

Reasonable evidence of residency may be established by documentation, including but not limited to any of the following: (Education Code 48204.6)

1. Property tax payment receipts

2. Rent payment receipts

3. Utility service payment receipts

Revocation of Enrollment

If the Superintendent or designee, upon investigation has determined that a student's enrollment is based on false evidence of residency, he/she shall revoke the student's enrollment at the end of the semester.

Legal Reference:

EDUCATION CODE

35351 Assignment of students to particular schools

48050-48054 Nonresidents

48200-48208 Persons included (compulsory education law)

48980 Notifications at beginning of term

52317 ROP, admission of persons including nonresidents to attendance area

FAMILY CODE

6550-6552 Caregivers

GOVERNMENT CODE

6205-6210 Confidentiality of addresses for victims of domestic violence, sexual assault or stalking

CODE OF REGULATIONS, TITLE 5

432 Varieties of student records

UNCODIFIED STATUTES

AB 687, Ch. 309, Statutes of 1995

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

WEB SITES

California Department of Education: http://www.cde.ca.gov

California Secretary of State, Safe at Home Program: http://www.ss.ca.gov/safeathome

Regulation SEQUOIA UNION HIGH SCHOOL DISTRICT

approved: December 10, 1997 Redwood City, California