District Residency
Prior to admission and whenever requested to do so
by the District because residency is in doubt, students living within
the District must provide proof of residency.
Notification
The Director
of Pupil Services 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.
Criteria for Residency
A student shall be deemed
to have complied with district residency requirements if he/she meets
any of the following criteria:
- The student lives with a parent/guardian
within district boundaries. The student must sleep at the adult’s
place of residency at least five (5) school days per week when
school is in session. In the event a joint custody arrangement
exists between two parents, the student must sleep at the home
of the parent residing in the District at least three (3) school
days per week.
- The student is placed within district boundaries in
a regularly established licensed children's institution, a licensed
foster home, or a family home pursuant to a court-ordered commitment or
placement
- The student has been admitted through the District's Interdistrict
attendance program
- The student resides in a state hospital
located within district boundaries
- The student is confined
to a hospital or other residential health facility within district
boundaries for treatment of a temporary disability
- If at least
one parent/guardian is physically employed by the District full-time
and the District provides benefits.
Proof of Residency
Proof
of residency shall be required upon a student’s initial enrollment
in the District and annually thereafter. The Director of Pupil Services
or designee shall retain a copy of the document or written statement
offered as verification in the student's mandatory permanent record.
Upon enrollment of a student residing in the home of a parent/guardian
within district boundaries, the parent/guardian shall execute, under
penalty of perjury, a Declaration of Residency. In addition to signing
a Declaration of Residency, a parent/guardian must provide reasonable
evidence of residency within the District upon request.
Reasonable
evidence of residency may be established by satisfying two of the three
following subparagraphs:
- Production of a grant deed to residence
property, property tax payment receipts indicating the name of
student’s
parent/guardian as owner of the property.
- Production of a current,
valid lease agreement indicating:
(A) the property is located
within the District; and,
(B) the names of all
residents who reside at the said property. All lease agreements
must contain the management company’s name and telephone number.
Should the lease agreement expire during the school year, the
District may require that a new, valid lease agreement be produced.
The District may contact the management company to verify residency
and to require the management company to provide evidence of ownership
of the property. In the event the rental property is not owned/operated
by a management company/corporation, the owner of the property
will sign a Declaration under Penalty of Perjury indicating ownership
of the property and validity of the lease. If the owner cannot
travel to the District to sign the Declaration, the District will
mail one to the owner. The owner shall sign the Declaration, have
it notarized, and return it to the District within 10 school days
after receipt thereof.
- Production
of an original copy of a current gas/electric, water, or cable
bill containing the name and address of the student’s parent/guardian.
The District will not accept
any other form of evidence as proof of residency.
If any district employee
reasonably believes the parent/guardian of a student has provided false
or unreliable evidence of residency, the District employee shall report
this information to the Director of Pupil Services or designee. Upon
receiving this information, the Director of Pupil Services or designee
shall make reasonable efforts to determine if the student meets residency
requirements. Reasonable efforts include, but are not limited to, home
visits and investigation by a private detective.
Change of Residency
Status
Any parent/guardian of a student enrolled in the District shall
notify the District prior to or within 24 hours of any change or circumstance
and/or a move which would affect their child’s residency determination
under this policy. Failure to do so shall result in disenrollment.
Safe at Home Program
When a student or parent/guardian participating
in the Safe at Home program requests that the District use the substitute
address designated by the Secretary of State, the Director of Pupil
Services or designee may request the actual residence address for the
purpose of establishing residency within District boundaries. The Director
of Pupil Services or designee shall not include the actual address
in the student's file or any other public record and shall instead
use the substitute address for all future communications and correspondence.
Procedures for Denial or Revocation of Enrollment
Initial Residency
Determination
If, upon investigation, the District determines that
a student's enrollment or attempted enrollment is based on false or
insufficient evidence of residency, it shall revoke or deny the student's
enrollment. Prior to making this residency determination, the District
may extend the enrollment date for an additional 10 school days to
permit the parent/guardian to obtain required documentation. Notification
of such an extension shall be in writing.
In the event the District
denies or revokes a student’s enrollment, the parent/guardian
shall be sent written notice from the District. The written notice
shall include the reason for revoking or denying the student’s
enrollment. The notice shall also advise the parent/guardian to
register the pupil in the proper district of residency as soon as possible,
and it shall state the effective date of revocation of enrollment,
which shall be 5 school days from the date of the notice.
In addition,
the notice shall state the parent/guardian's right, within 5 school
days, to schedule a meeting with the Director of Pupil Services to
inspect supporting documents, rebut District evidence, question any
district witnesses, and present evidence on the student's behalf. The
Director of Pupil Services shall prepare a written decision within
10 school days detailing his/her findings. The student shall remain
enrolled in the District throughout this process.
Appeal to the Superintendent
If the District’s residency determination is upheld by the Director
of Pupil Services, the parent/guardian shall be informed, in writing,
of his/her right to appeal to the Superintendent. Any appeal to
the Superintendent must occur no later than 10 school days following the
issuance of the decision from the Director of Pupil Services.
If the parent/guardian fails to schedule the meeting with the Superintendent,
the student's enrollment shall be revoked or denied 11 school
days after the date of the notice provided by the Director of Pupil Services.
A parent/guardian who appeals the residency decision to the Superintendent
shall have the right to have a Page 2 AR 5111.1 representative present
and to rebut district evidence, question any district witnesses, and
present oral and/or documentary evidence, including witnesses, on the
student's behalf. The student may continue to attend school during
the period of the appeal. The Superintendent shall issue his/her decision
to either accept or reject the decision from the Director of Pupil
Services within 10 school days after the parent/guardian has presented
their evidence on appeal.
The Superintendent’s decision shall
be final.
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