BP 5111.1 — District Residency

Section: 5000 - Students
Status: Active

Adopted: 2018-09-25

Policy text

DISTRICT RESIDENCY

The Governing Board desires to admit all students who reside within district boundaries or who fulfill the district residency requirements through other means as allowed by law. The Superintendent or designee shall develop procedures to facilitate the receipt and verification of students’ proof of residency.

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.

The Superintendent or designee shall require parents/guardians to provide documentation of the student’s residency upon admission to a district school. A copy of the document or written statement offered as verification of residency shall be maintained in the student’s mandatory permanent record.

When establishing students’ residency for enrollment purposes, the Superintendent or designee shall not inquire into the citizenship or immigration status of students or their family members.

A student’s enrollment may be denied when the submitted documentation is insufficient to establish district residency. In any such case, the Superintendent or designee shall notify the parent/guardian in writing, including specific reasons for the denial.

Investigation of Residency

When the Superintendent or designee reasonably believes that a student’s parent/guardian has provided false or unreliable evidence of residency, they 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.

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.

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.

Any employee or contractor engaged in the investigation shall truthfully identify themselves as an investigator to individuals contacted or interviewed during the course of the investigation.

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, they shall provide the student’s parent/guardian an opportunity to appeal that determination.

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 they 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.

A student who is currently enrolled in the district shall be allowed to remain in attendance at their 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 their 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.

Enrollment Not Requiring District Residency

When approved by the Board and the appropriate agency, the district may enroll students from other countries who are participating in an international exchange program under the sponsorship of a government-approved agency. See BP 6145.6 for additional information about International Exchange students.