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Sweetwater Un HSD |  BP  5111.1  Students

District Residency   

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It shall be the policy of the district to admit only those students who are eligible under state and federal law. Annual verification is required of each student's residency prior to attendance in district schools. A student shall be deemed to have complied with the residency requirements for school attendance in the district provided the residency of either the parent or legal guardian of the student is located within the district. Additionally, a student shall be deemed to have complied with residency requirements provided he/she is:

1. Placed within the boundaries of the school district in a regularly established licensed children's institution or licensed foster home or a family home pursuant to a commitment or placement under of the Welfare and Institutions Code 200.

2. A student for whom an interdistrict attendance has been approved.

3. A student whose residence is located within the boundaries of the school district and whose parents or guardians are relieved of responsibility, control and authority through emancipation.

4. A student who lives in the home of a caregiving adult that is located within the boundaries of the school district, provided that the parent or guardian lives a radius of 60 miles outside the district and that an affidavit is filed under penalty of perjury pursuant to Family Code 6550 et seq.

5. A student residing in a state hospital located within the boundaries of the school district.

6. A student whose parents/guardian resides with another adult within the boundaries of the school district.

Application Denial

1. The McKinney-Vento Act states that no student shall be denied access to education because he/she is homeless.

2. AB 490 establishes that foster youth need to be enrolled immediately and have access to the same opportunities to meet academic achievement and maintain stable school placements.

3. Appropriate due process to protect student rights shall be followed prior to excluding any student because of failures to meet residency requirements.

4. All 7-12 and adult continuing education students will comply with this policy.

Assistant Superintendent to Develop Regulations

The Superintendent or his/her designee shall establish administrative regulations for the implementation of this policy.

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

Policy SWEETWATER UNION HIGH SCHOOL DISTRICT

adopted: November 17, 2008 Chula Vista, California