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Kingsburg Elementary Charter |  BP  5111.1  Students

District Residency   

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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.

(cf. 5116 - School Attendance Boundaries)

The Kingsburg Elementary Charter School District Staff and School Board members believe 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. (Education Code 48980)

(cf. 5116.1 - Intradistrict Open Enrollment)

(cf. 5117 - Interdistrict Attendance)

(cf. 5145.6 - Parental Notifications)

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. (5 CCR 432)

(cf. 5111 - Admission)

(cf. 5125 - Student Records)

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.

(cf. 5145.13 - Response to Immigration Enforcement)

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, 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)

1. The Superintendent/designee shall identify the circumstances upon which the District may initiate an investigation, which shall, at a minimum, require the District employee to be able to identify specific, articulable facts supporting the belief that the parent/legal guardian of the pupil has provided false or unreliable evidence or residency. Examples of such situations include, but are not limited to: altered documents; credible information from the property owner or neighbor that the student does not reside at the address provided; results of a home visit by a District employee indicating the student does not reside at the address provided; credible information from the student stating s/he does not reside at the address provided; failure to provide appropriate proof of residency documents; and/or mail sent by the school returned from the address provided.

2. The Superintendent/designee may use reasonable investigatory methods, as appropriate, to determine residency. These methods may include, but are not limited to:

a. Review of documentation;

b. Home visit by District personnel;

c. Interview of student and parent/legal guardian;

d. Contacting the landlord, neighbors and/or City records regarding whether or not the student resides at the address provided;

e. Review of publicly available documents, in paper form or through an electronic database, to verify the address of students.

f. Review of social media webpages viewable to the public.

g. Contact CAL Works, DCFS, Department of Public Social Services (DPSS), Probation Department, or the Housing Authority as appropriate.

3. The Superintendent/designee may hire a private investigator if the investigatory methods described above are inconclusive to determine whether the pupil resides in the school district.

4. For any investigation conducted pursuant to this policy, the District shall:

a. Prohibit the surreptitious photographing or video-recording of pupils who are being investigated. For purposes of this policy, "surreptitious photographing or video-recording" means the covert collection of photographic or videographic images of persons or places subject to an investigation. For purposes of this policy, the collection of images is not covert if the technology is used in open and public view.

b. Require that the employees and contractors of the District engaged in the investigation must identify themselves truthfully as such to individuals contacted or interviewed during the course of the investigation.

5. If the District determines that the pupil does not meet the residency requirements for school attendance in the District, the student will be required to enrolled in the District which the student resides. The parent may request a meeting where the District shall provide the parent/legal guardian with the basis for the determination. The parent/legal guardian may appeal this determination to the Kingsburg Elementary Charter School District Assistant Superintendent within three days of the determination. If an appeal is made, the burden shall be on the parent/legal guardian to show why the decision of the District should be overruled.

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 of the Superintendent's determination that district residency requirements were not met, the Board shall review any evidence provided by the parent/guardian or obtained during the district's investigation and shall make a decision at its next regularly scheduled meeting following the parent/guardian's request for the appeal. The Board's decision shall be final.

Legal Reference:

EDUCATION CODE

220 Prohibition of discrimination

234.7 Student protections relating to immigration and citizenship status

35160.5 Intradistrict open enrollment

35351 Assignment of students to particular schools

46600-46611 Interdistrict attendance permits

48050-48054 Nonresidents

48200-48208 Compulsory education law, especially:

48204 Residency requirements

48204.1-48204.4 Evidence of residency

48300- 48317 Student attendance alternatives, school district of choice program

48350-48361 Open Enrollment Act transfers

48645.5 Former juvenile court school students, enrollment

48852.7 Education of homeless students; immediate enrollment

48853.5 Education of foster youth; immediate enrollment

48980 Notifications at beginning of term

52317 Regional occupational program, admission of persons including nonresidents

FAMILY CODE

6550-6552 Caregivers

GOVERNMENT CODE

6205-6210 Confidentiality of residence for victims of domestic violence

CODE OF REGULATIONS, TITLE 5

432 Retention of student records

UNITED STATES CODE, TITLE 8

1229c Immigration and Nationality Act

UNITED STATES CODE, TITLE 42

11431-11435 McKinney-Vento Homeless Assistance Act

COURT DECISIONS

Katz v. Los Gatos-Saratoga Joint Union High School District, (2004) 117 Cal.App.4th 47

Plyler v. Doe, 457 U.S. 202 (1982)

Management Resources:

CSBA PUBLICATIONS

Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017

Legal Guidance Regarding International Student Exchange Placement Organizations, April 2014

CALIFORNIA ATTORNEY GENERAL'S OFFICE PUBLICATIONS

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, April 2018

U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION AND U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS JOINT PUBLICATIONS

Dear Colleague Letter: School Enrollment Procedures, May 8, 2014

Fact Sheet: Information on the Rights of All Children to Enroll in School, May 8, 2014

Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents, May 8, 2014

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

California Office of the Attorney General: http://oag.ca.gov

California Secretary of State, Safe at Home Program: http://www.sos.ca.gov/safeathome

U.S. Department of Education, Office for Civil Rights: http://www2.ed.gov/ocr

U.S. Department of Justice: https://www.justice.gov

Policy KINGSBURG ELEMENTARY CHARTER SCHOOL DISTRICT

adopted: June 16, 2016 Kingsburg, California

revised: November 13, 2018