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Vista USD |  BP  5111.1  Students

District Residency   

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The Board of Trustees believes that all children should have the opportunity to receive educational services. Staff shall encourage parents/legal guardians to enroll all school-aged children in school.

The Superintendent/designee shall maintain procedures, consistent with applicable laws and regulations, for reasonable evidence that the pupil meets residence requirements for school attendance in the District. These requirements shall include all enrollment requirements regarding foster students and homeless students, including unaccompanied youth. If an employee of the District reasonably believes that the parent or legal guardian of a pupil has provided false or unreliable evidence of residency, the District may make reasonable efforts to determine that the pupil actually meets the residency requirements.

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. An investigation may be initiated when the Superintendent or designee is able to identify specific, articulable facts supporting the belief that the parent/guardian has provided false or unreliable evidence of residency. (Education Code 48204.1, 48204.2)

The Superintendent or designee may assign a trained district employee to conduct the investigation. The investigation may include the examination of records, including public records, and/or interviews of persons who may have knowledge of the student's residency.

If necessary, the Superintendent or designee may employ the services of a private investigator to conduct the investigation. Before hiring a private investigator, the Superintendent or designee shall make other reasonable efforts to determine whether the student resides in the district. (Education Code 48204.2)

The investigation shall not include the surreptitious collection of photographic or videographic images of persons or places subject to the investigation. However, the use of technology is not prohibited if done in open and public view. (Education Code 48204.2)

Any employee or contractor engaged in the investigation shall truthfully identify himself/herself as an investigator to individuals contacted or interviewed during the course of the investigation. (Education Code 48204.2)

Appeal of Enrollment Denial

If the Superintendent or designee, upon investigation, determines that a student does not meet district residency requirements and denies the student's enrollment in the District, he/she shall provide the student's parent/guardian an opportunity to appeal that determination. (Education Code 48204.2)

The Superintendent or designee shall send the student's parent/guardian written notice specifying the basis for the District's determination. This notice shall also inform the parent/guardian that he/she may, within 10 school days, appeal the decision and provide new evidence of residency.

The burden shall be on the parent/guardian to show why the district's determination to deny enrollment should be overruled. (Education Code 48204.2)

A student who is currently enrolled in the District shall be allowed to remain in attendance at his/her school pending the results of the appeal. A student who is not currently enrolled in the District shall not be permitted to attend any district school unless his/her appeal is successful.

In an appeal to the Superintendent of a determination that District residency requirements were not met, the Superintendent shall review any evidence provided by the parent/guardian or obtained during the district's investigation and shall make a decision within 10 school days of receipt of the parent/guardian's request for the appeal. The Superintendent's decision shall be final.

Legal Reference:

EDUCATION CODE

48204 Residency requirements for school attendance

38204.1 Reasonable evidence of residency; false or unreliable evidence; unaccompanied youth 48204.2 Pupil school enrollment; residency requirements; policy on investigations]

Policy VISTA UNIFIED SCHOOL DISTRICT

adopted: December 8, 2016 Vista, California