The Board of Education 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.
\n\nThe 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. (Education Code 48980)
\n\nThe 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. (5 CCR 432)
\n\nWhen 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.
\n\nA 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.
\n\nInvestigation of Residency
\n\nWhen 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. (Education Code 48204.1, 48204.2)
\n\nThe 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.
\n\nIf 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.
\n\nThe 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)
\n\nAny employee or contractor engaged in the investigation shall truthfully identify themself as an investigator to individuals contacted or interviewed during the course of the investigation. (Education Code 48204.2)
\n\nAppeal of Enrollment Denial
\n\nIf 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. (Education Code 48204.2)
\n\nThe 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.
\n\nThe burden shall be on the parent/guardian to show why the district's determination to deny enrollment should be overruled. (Education Code 48204.2)
\n\nA 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.
\n\nIn 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.
\n\nEnrollment Not Requiring District Residency
\n\nWhen approved by the Board and the appropriate agency, the district may enroll students from other countries who are in the United States on an F-1 visa or are participating in an international exchange program under the sponsorship of a government-approved agency.
\n\nThe district may enroll a nonresident student living in an adjoining state or foreign country in accordance with Education Code 48050-48052.
\n\nDistrict residency is not required for enrollment in a regional occupational center or program if there are openings in the program or class. (Education Code 52317)
\n\n\n", "contentText": "The Board of Education 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.\n\nThe 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. (Education Code 48980)\n\nThe 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. (5 CCR 432)\n\nWhen 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.\n\nA 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.\n\nInvestigation of Residency\n\nWhen 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. (Education Code 48204.1, 48204.2)\n\nThe 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.\n\nIf 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.\n\nThe 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)\n\nAny employee or contractor engaged in the investigation shall truthfully identify themself as an investigator to individuals contacted or interviewed during the course of the investigation. (Education Code 48204.2)\n\nAppeal of Enrollment Denial\n\nIf 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. (Education Code 48204.2)\n\nThe 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.\n\nThe burden shall be on the parent/guardian to show why the district's determination to deny enrollment should be overruled. (Education Code 48204.2)\n\nA 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.\n\nIn 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.\n\nEnrollment Not Requiring District Residency\n\nWhen approved by the Board and the appropriate agency, the district may enroll students from other countries who are in the United States on an F-1 visa or are participating in an international exchange program under the sponsorship of a government-approved agency.\n\nThe district may enroll a nonresident student living in an adjoining state or foreign country in accordance with Education Code 48050-48052.\n\nDistrict residency is not required for enrollment in a regional occupational center or program if there are openings in the program or class. (Education Code 52317)", "footnotes": [ { "type": "State", "references": [ { "code": "5 CCR 432", "description": "Student records", "url": "https://govt.westlaw.com/calregs/Document/I2B0900534C6911EC93A8000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "Ed. Code 220", "description": "Prohibition of discrimination", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=220." }, { "code": "Ed. Code 234.7", "description": "Student protections relating to immigration and citizenship status", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=234.7." }, { "code": "Ed. Code 35160.5", "description": "Intradistrict open enrollment", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35160.5." }, { "code": "Ed. Code 35351", "description": "Assignment of students to particular schools", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35351." }, { "code": "Ed. Code 46600-46611", "description": "Interdistrict attendance permits", "url": "" }, { "code": "Ed. Code 48050-48054", "description": "Nonresidents", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=1.&article=6." }, { "code": "Ed. Code 48200-48208", "description": "Compulsory education law", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=2.&article=1." }, { "code": "Ed. Code 48204", "description": "Residency requirements", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48204." }, { "code": "Ed. Code 48204.1-48204.4", "description": "Evidence of residency", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=2.&article=1." }, { "code": "Ed. Code 48300-48317", "description": "Student attendance alternatives; school district of choice program", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=2.&article=7." }, { "code": "Ed. Code 48350-48361", "description": "Open Enrollment Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=2.&article=10." }, { "code": "Ed. Code 48645.5", "description": "Former juvenile court school students; enrollment", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48645.5." }, { "code": "Ed. Code 48852.7", "description": "Education of homeless students; immediate enrollment", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48852.7." }, { "code": "Ed. Code 48853.5", "description": "Education of foster youth; immediate enrollment", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48853.5." }, { "code": "Ed. Code 48980", "description": "Parent/Guardian notifications", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48980." }, { "code": "Ed. Code 52317", "description": "Regional occupational program; admission of persons including nonresidents", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=52317." }, { "code": "Fam. Code 6550-6552", "description": "Caregivers", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=11.&title=&part=1.5.&chapter=&article=" }, { "code": "Gov. Code 6205-6210", "description": "Confidentiality of addresses for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, and elder or dependent adult abuse", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.1.&article=" } ] }, { "type": "Federal", "references": [ { "code": "42 USC 11431-11435", "description": "McKinney-Vento Homeless Assistance Act", "url": "" }, { "code": "8 USC 1229c", "description": "Immigration and Nationality Act", "url": "https://uscode.house.gov/view.xhtml?req=(title:8%20section:1229c%20edition:prelim)%20OR%20(granuleid:USC-prelim-title8-section1229c)&f=treesort&edition=prelim&num=0&jumpTo=true" } ] }, { "type": "Management Resources", "references": [ { "code": "CA Office of the Attorney General Publication", "description": "Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, December 2024", "url": "https://oag.ca.gov/sites/all/files/agweb/pdfs/bcj/school-guidance-model-k12.pdf" }, { "code": "Court Decision", "description": "Katz v. Los Gatos-Saratoga Joint Union High School District (2004) 117 Cal.App.4th 47", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Plyler v. Doe, 457 U.S. 202 (1982)", "url": "https://law.justia.com/cases/" }, { "code": "CSBA Publication", "description": "Legal Guidance Regarding International Student Exchange Placement Organizations, April 2014", "url": "https://www.csba.org/-/media/CSBA/Files/Advocacy/ELA/2014_04_ISEPOAdvisory.ashx?la=en&rev=1bace4c1cc6444989a58bfcdf4a0f3cf" }, { "code": "CSBA Publication", "description": "Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017", "url": "https://www.csba.org/Advocacy/EducationLegalAlliance/~/media/CSBA/Files/Advocacy/ELA/2017_02_legal-guidance-ProvidingAllChildrenEqualAccess.ashx" }, { "code": "U.S. DOJ & DOE Civil Rights Joint Publication", "description": "Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents, May 8, 2014", "url": "https://www.schools.utah.gov/eseastateinitiatives/_esea_state_initiatives_/_englishlearners_/_faqs_/InformationRightsChildren.pdf" }, { "code": "U.S. DOJ & DOE Civil Rights Joint Publication", "description": "Fact Sheet: Information on the Rights of All Children to Enroll in School, May 8, 2014", "url": "https://www.ed.gov/media/document/dcl-factsheet-201101pdf-21434.pdf" }, { "code": "U.S. DOJ & DOE Civil Rights Joint Publication", "description": "Dear Colleague Letter: School Enrollment Procedures, May 8, 2014", "url": "https://eric.ed.gov/?id=ED595953#:~:text=This%20letter%20updates%20and%20replaces%20the%20May,practices%2C%20as%20well%20as%20examples%20of%20the" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "California Secretary of State, Safe at Home Program", "url": "http://www.sos.ca.gov/safeathome" }, { "code": "Website", "description": "U.S. Department of Justice", "url": "http://www.justice.gov" }, { "code": "Website", "description": "California Office of the Attorney General", "url": "http://oag.ca.gov/" }, { "code": "Website", "description": "California Department of Education", "url": "http://www.cde.ca.gov" }, { "code": "Website", "description": "CSBA", "url": "http://www.csba.org" }, { "code": "Website", "description": "U.S. Department of Education, Office for Civil Rights", "url": "http://www2.ed.gov/ocr" } ] } ], "crossRefs": [ { "code": "1445", "title": "Response To Immigration Enforcement", "type": "AR" }, { "code": "3260", "title": "Fees And Charges", "type": "AR" }, { "code": "3260", "title": "Fees And Charges", "type": "AR" }, { "code": "3580", "title": "District Records", "type": "AR" }, { "code": "3580", "title": "District Records", "type": "AR" }, { "code": "5021", "title": "Noncustodial Parents", "type": "AR" }, { "code": "5111", "title": "Admission", "type": "AR" }, { "code": "5111", "title": "Admission", "type": "AR" }, { "code": "5112.2", "title": "Exclusions From Attendance", "type": "AR" }, { "code": "5116", "title": "School Attendance Boundaries", "type": "AR" }, { "code": "5116.1", "title": "Intradistrict Open Enrollment", "type": "AR" }, { "code": "5116.1", "title": "Intradistrict Open Enrollment", "type": "AR" }, { "code": "5117", "title": "Interdistrict Attendance", "type": "AR" }, { "code": "5119", "title": "Students Expelled From Other Districts", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5141", "title": "Health Care And Emergencies", "type": "AR" }, { "code": "5141", "title": "Health Care And Emergencies", "type": "AR" }, { "code": "5145.12", "title": "Search And Seizure", "type": "AR" }, { "code": "5145.6", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "5145.6-E PDF(1)", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "6158", "title": "Independent Study", "type": "AR" }, { "code": "6158", "title": "Independent Study", "type": "AR" }, { "code": "6170.1", "title": "Transitional Kindergarten", "type": "AR" }, { "code": "6173", "title": "Education For Homeless Children", "type": "AR" }, { "code": "6173", "title": "Education For Homeless Children", "type": "AR" }, { "code": "6173-E PDF(1)", "title": "Education For Homeless Children", "type": "AR" }, { "code": "6173.1", "title": "Education For Foster Youth", "type": "AR" }, { "code": "6173.1", "title": "Education For Foster Youth", "type": "AR" }, { "code": "6175", "title": "Migrant Education Program", "type": "AR" }, { "code": "6175", "title": "Migrant Education Program", "type": "AR" }, { "code": "6183", "title": "Home And Hospital Instruction", "type": "AR" }, { "code": "7160", "title": "Charter School Facilities", "type": "AR" }, { "code": "7160", "title": "Charter School Facilities", "type": "AR" } ], "attachments": [] }