ADMISSION/RESIDENCY

ADMINISTRATIVE REGULATION - 5111

A. Criteria for Residency / Required for Admission

Prior to enrolling their students in district schools, parents/legal guardians shall provide proof of residency.

A parent/legal guardian shall be deemed to have complied with residency requirements if they meet any of the following criteria:

  1. The student’s parents/legal guardians, or the parent who has been granted primary physical custody of the student by a court of law, reside within the District boundaries (EC 48200)
  2. 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 (EC 48204)
  3. The student has been admitted on an approved Interdistrict Transfer Permit (EC 48204)
  4. The student is an emancipated minor residing within District boundaries (EC 48204)
  5. The student lives with a caregiving adult within District boundaries and the caregiving adult submits an affidavit to that effect (EC 48204)
  6. The student resides in a state hospital located within District boundaries (EC48204)
  7. The student is confined to a hospital or other residential health facility within District boundaries for treatment of a temporary disability (EC 48207)
  8. The student’s parent/guardian resides outside of District boundaries but is employed within the District boundaries and lives with the student at the place of employment for a minimum of three days during the school week (EC 48204)
  9. The student’s parent/guardian, while on active military duty pursuant to an official military order, is transferred or is pending transfer to a military installation within the state (EC 48204.3)
  10.  A student shall be admitted to the District, regardless of student’s current residency, when the student’s parent/guardian was a resident of California who departed the state against their will due to a transfer by a government agency that had custody of the parent/guardian, a lawful order from a court or government agency authorizing their removal, or a removal or departure pursuant to the federal Immigration and Nationality Act, and the student lived in California immediately before moving out of state as a result of their parent/guardian’s departure.  (EC 48204.4)

B. Optional / Permissive Admission

District residency is not required for enrollment in a regional occupational program if there are openings in the program or class. (EC 52317)

C. Proof of Residency

The District shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members for the purpose of determining residency within the District. (EC 234.7)

1. Verification of residency of parent, licensed foster parent, or California Superior Court-appointed legal guardian within District boundaries. For enrollment, two forms of residency verification are requested, including, but not limited to, any of the following documents:

One of the following:

  • Mortgage contract, lease, or payment receipts (must include signature page);
  • Rental property contract, lease, or payment receipts (must include first page and signature page);

AND One of the following:

  • Property tax payment receipts;
  • Current utility service contract, statement, or payment receipts (Gas, Electric, Water, Trash/Sewage dated within the last 45 days);
  • Pay Stub (both name and residence address must appear on payroll document);
  • Voter registration;
  • Correspondence from a government agency (such as DMV, IRS, Social Services, etc);
  • State issued identification with residence property address listed;
  • Credit card bill;
  • Declaration of Residency Affidavit; or
  • University of California, Irvine (UCI) Housing; an official UCI document asserting the person resides in student housing, which usually covers gas and electric

Service and mailing addresses on all provided documents must be for the same residential address within District boundaries. (P.O. Box addresses are not accepted. Disconnection utility notices are not accepted.)

** New Communities K-12 Enrollment Address Verification Form (obtained from the sales office) Along with this form, please provide the first page and the signature page from the purchase agreement. If residing outside of District boundaries, an Interdistrict Transfer Agreement is required for enrollment. If residing within District boundaries, submit two current proofs of residency.

**The District may determine additional documents that will assist in verifying a parent/ guardian's residence address on a case by case basis.

2. Military Families
A parent/guardian who is transferred or pending transfer into a military installation within the state shall provide proof of residence in the District within 10 days after the published arrival date provided on official documentation. For this purpose, they may use as their address a temporary on-base billeting facility, a purchased or leased home or apartment, or federal government or public-private venture off-base military housing. (EC 48204.3)

3. Students Living With a Caregiver
If the student is residing in the home of a caregiving adult within District boundaries, an affidavit executed by the caregiving adult shall be provided in accordance with Family Code 6552.

4. Parent/Guardian Departure From The State Occurring Against Their Will
A student whose parent/guardian’s departure from the state occurred against their will pursuant to item 10 in part A above shall be in compliance with the District residency requirements if they provide official documentation of the parent/guardian’s departure and evidence demonstrating that the student was enrolled in a public school in California immediately before moving outside the state. (EC 48204.4)

5. Foster Youth/Homeless Youth/Juvenile Justice System
Any homeless or foster youth or student who has had contact with the juvenile justice system shall be immediately enrolled in a school within the District even if they are unable to provide proof of residency. (EC 48645.5, 48852.7, 48853.5; 42 USC 11432)

6. 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 Superintendent or designee may request the actual residence address for the purpose of establishing residency within District boundaries but shall use the substitute address for all future communications and correspondence and shall not include the actual address in the student’s file or any other public record. (GC 6206, 6207)

D.  Residency Verification

A copy of all documents or written verification offered as proof of residency in the District shall be retained at the school site. (5 CCR 432)

A Residency Affidavit Form shall be submitted annually, offered as proof that the student's parent(s) or legal guardian(s) reside(s) at a place of bonafide continuous habitation within the District boundaries. (EC48200)

In the event the Superintendent/designee reasonably believes false or unreliable evidence of residency has been provided by a parent/legal guardian, the following procedures apply:

  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 of 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 they do not reside at the address provided; 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:
  • Review of documentation;
  • Home visit by District personnel;
  • Interview of student and parent/legal guardian;
  • Contacting the landlord or neighbors regarding whether or not the student resides at the address provided;
  1. For any investigation conducted pursuant to this policy, the District shall: 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.
     
  2. If the District determines that the student does not meet the residency requirements for school attendance in the District, the District shall provide the parent/legal guardian with the basis for the determination. The parent/legal guardian may appeal this determination to the office of Student Services within five 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.

Policy Adopted: June 3, 2003
Revised: June 11, 2002
Revised: March 25, 2011
Revised: October 3, 2017
Revised: April 29, 2019
Revised: April 9, 2024