MJUSD
DIVISION 5000
STUDENTS
ADMINISTRATIVE REGULATION
DISTRICT RESIDENCY
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's parents/guardians reside within district boundaries; (Education Code 48200)
- 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; (Education Code 48204)
- the student has been admitted through the district's interdistrict attendance program, (Education Code 48204)
- the student is an emancipated minor residing within District boundaries; (Education Code 48204)
- the student lives with a caregiving adult within District boundaries; (Education Code 48204)
- the student resides in a state hospital located within District boundaries; (Education Code 48204)
- the student is confined to a hospital or other residential health facility within District boundaries for treatment of a temporary disability; (Education Code 48207)
- Parent or legal guardian resides outside of the boundaries, but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. (Education Code 48204)
- One parent, or the legal guardian, of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (Education Code 48204)
District 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)
Proof of Residency
Prior to admission in District schools, students shall provide proof of residency.
The Superintendent or designee shall annually verify the student's residency and retain a copy of the document or written statement offered as verification in the student's mandatory permanent record. (5 CCR 432)
Upon enrollment of a student residing in the home of a caregiving adult within District boundaries, the caregiving adult shall execute, under penalty of perjury, the affidavit specified in Family Code 6552.
Reasonable evidence of residency may be established by documentation including, but not limited to, any of the following:
- property tax payment receipts;
- rent payment receipts;
- utility service payment receipts; or
- declaration of residency executed by the student's parent/guardian.
If any District employee reasonably believes that the parent/guardian of a student has provided false or unreliable evidence of residency, the Superintendent or designee shall make reasonable efforts to determine that the student meets legal residency requirements.
Safe at Home Program
When a victim of domestic violence or stalking participating in the Safe at Home Program presents an actual residence address to establish residency within District boundaries, the Superintendent 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 designated by the Secretary of State for all future communications and correspondence. (Government Code 6207)
Revocation of Enrollment
If the Superintendent or designee, upon investigation, determines that a student's enrollment is based on false evidence of residency, he/she shall revoke the student's enrollment. Before any such revocation, the parent/guardian shall be sent written notice of the facts leading to the decision. This notice shall state the parent/guardian's right, within ten (10) school days, to schedule a meeting with a hearing officer to inspect supporting documents, rebut District evidence, question any District witnesses, and present oral and/or documentary evidence, including witnesses, on the student's behalf. For good cause, the hearing officer may extend the meeting date for an additional ten (10) days to permit the parent/guardian to obtain required documentation.
If the parent/guardian fails to schedule the above meeting, the student's enrollment shall be revoked eleven (11) school days after the date of the notice.
If the above meeting is held, the hearing officer shall prepare a written decision describing his/her findings. If the hearing officer's decision is upheld, the parent/guardian shall be informed of his/her right to appeal to the Board within ten (10) days.
A parent/guardian who appeals to the Board shall have the right to have a 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. Except in cases where good cause is shown, the Board shall not reopen the record to consider evidence or argument which was not presented to the hearing officer.
The student may continue to attend school during the period of the appeal. The Board's decision shall be final.
Legal Reference:
Education Code
35351 Assignment of students to particular schools
48050-48054 Nonresidents
48200-48208 Persons included (compulsory education laws)
48980 Notification of parent or guardian
52317 ROP, admission of persons including nonresidents to attendance area
Family Code
6550-6552 Caregivers
Government Code
6205-6211 Confidentiality of residence for victims of domestic violence
Code of Regulations, Title 5
432 Varieties of student records
Uncodified Statutes
AB 687, Ch. 309, Statutes of 1995
Court Decisions
Katz v. Los Gatos-Saratoga Joint Union High School District, (2004) 117 Cal.App.4th 47
Management Resources:
CDE Legal Advisories
0303.95 Verification of residence, LO: 1-95
Web Sites
California Department of Education: http://www.cde.ca.gov
California Secretary of State, Safe at Home Program: http://www.ss.ca.gov/safeathome