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Sweetwater Un 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.

Residency Procedure

The site principal shall establish procedures for the annual verification of residency for all students enrolled in the school. A copy of these procedures shall be on file in the office of the director of Student Support Services.

Residency Documentation

A student is deemed to have complied with the residency requirements for attendance in the district by documenting that he/she meets the residency requirements set forth in the Education Code, including, but not limited to the following:

1. The student lives with a parent/guardian/caregiver within the district.

2. The student is an emancipated minor living in the district.

3. The student is in the court-appointed care of a district area licensed foster, family, or group home.

4. The student is living with an adult in the district and has completed the required "Caregiver's Authorization Affidavit" and "Caregiver's District Agreement".

5. The student has been approved for interdistrict attendance.

6. The student resides in a state hospital located within the boundaries of the district.

7. The student has a temporary disability and is in a hospital or other residential health facility located within district, regardless of the district in which the student's parent/guardian/caregiver resides.

Work Residency Related

District residency may also by considered to a student (7th grade) not residing in the district if the student's parent/guardian/caregiver work within the district boundaries.

1. Proof of such employment shall be required prior to enrollment and may be required at regular intervals as determined by the Superintendent or his/her designee.

2. Before admission is granted, the Director of Student Support Services shall review each proposed enrollment and determine whether it would result in additional costs to the district in excess of any state funds received for the transfer.

a. If the Director of Student Support Services determines that excess costs would be incurred by the district, the student may be denied admission.

b. Any proposed enrollment which would adversely affect any existing desegregation plan of the district or the student's current district may also be grounds for denial of admission.

3. The parent/guardian/caregiver of the student shall be notified in writing of the decision to deny admission. The notice shall include the reasons for the denial.

4. Unless approved by the student's current district of attendance, no student shall be admitted into the district on the basis of a parent/guardian/caregiver place of employment in excess of the limit imposed by law for such transfer.

5. The Superintendent or his/her designee shall annually report to the Superintendent of Public Instruction the number of requests for transfers on the basis parent/guardian/caregiver place of employment, as well as the number of students transferred out of the district and the number of students transferred into the district. The Director of Student Support Services will prepare the report to the Superintendent or his/her designee.

6. Once a student is admitted because of his/her parent/guardian/caregiver employment, the student shall have to reapply each school year.

Residency Verification Documents

The site principal shall be responsible for verifying residency.

1. In addition to the proof of residency document, the parent/guardian/caregiver shall provide a signed "Affidavit Verification of Student Residency" and, if living with another family a signed "Affidavit Verification of Joint Residency" and "Joint Resident District Agreement".

2. The required residency document and the signed affidavit(s) are to be filed together in the student cum file.

3. If there is a question as to the residency of the student, or if the parent/guardian does not provide the required documentation, the "Notification of Possible Exclusion from School", form shall be issued with a deadline of ten days in which to meet the documentation requirements.

4. If after 10 days the parent/guardian/caregiver has not responded to the "Notification of Possible Exclusion from School", the principal shall give the party the "Final Notification of Exclusion from School" and disenroll the student. This letter shall be sent by United States Posts Office certified mail, return receipt requested, to the last known address.

5. The Director of Student Support Services shall report to the Superintendent or his/her designee who shall annually report to the Superintendent of Public Instruction the number of requests for transfers on the basis of parent/guardian/caregiver place of employment as well as the number of students transferred out of the district and the number of students transferred into the district. The Director of Student Support Services will prepare the report to the Superintendent or his/her designee.

Residency Homeless Students

The McKinney-Vento Act states that no student shall be denied access to an education because he/she is homeless. Acceptable indices of residency for homeless students include:

1. A letter from a social service agency verifying that the family is homeless and is residing in the district.

2. Hotel or motel receipts.

3. A signed affidavit from the parent/guardian/caregiver that they are living within the district

Residency Foster Youth Students

AB 490 states that no student shall be denied access to an education because he/she is a foster child. Acceptable indices of residency for foster children include:

1. A letter from a social service agency verifying that the foster child resides with a caregiver residing within the district.

2. A foster child must be immediately enrolled in school even if residency documents, immunization or school records are not available.

3. A social worker may enroll a foster child with the address of the foster youth facility while being placed with a caregiver in the area near the school site.

Caregivers

1. New caregiver requests have to be processes through and provided by Student Support Services Department. Caregivers may only be considered if the parents reside a radius of 60 miles outside the district.

2. If the parent/guardian/caregiver reside outside of the school district and the student lives with a caregiver, because of documented health or safety issues the student will be placed at a school within the district based on space availability.

3. If a parent/guardian/caregiver resides within the 60 mile radius of the district and wishes to have his/her child reside with non relatives or related friends or acquaintances in the district, the student is to be denied admittance.

Joint Residents

1. All joint resident request are to referred to and processed by the office of Student Support Services.

2. If the parent resides with another adult person within the district and is requesting a joint resident, the resident and joint resident are to complete the step outlined in "Joint Residency Verification Procedures".

Residency Appeals

The parent/guardian/caregiver or joint resident may request a meeting with the Director of Student Support Services to appeal the principal's written decision to exclude a student from class attendance due to the lack of "proof of residency".

1. The Director of Student Support Services shall meet with the parent/guardian/caregiver or joint residents. If warranted, the site administrator and Supervisor of Attendance and Welfare may also be in attendance along with a representative designated by the parent/guardian/caregiver or joint residents. If the representative designated by the parent/guardian/caregiver or joint resident is to act as legal counsel, the district must be notified at least 4 days prior to the meeting.

2. At the meeting the parent/guardian/caregiver or joint resident will be provided the opportunity to submit any documents and information related to the verification of residency determination.

3. Within two school days Director of Student Support Services will render a decision regarding the enrollment status of the student. The decision of the Director of Student Support Services shall be final.

Regulation SWEETWATER UNION HIGH SCHOOL DISTRICT

approved: November 17, 2008 Chula Vista, California