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Proof and verification of student residency

Question:  I need information regarding getting proof and verification of student residency from parents.

Response:  Proof of residency is a necessary step in the enrollment of any child in a public school.  The parent has certain rights to enroll their student in your schools, and the district has certain obligations about how that enrollment eligibility must be verified.

FCMAT recommends first reviewing your school board’s policies and administrative regulations.  Typically, board policy provides guidance regarding the circumstances under which a student may be enrolled in a district school, and the types of documents required to prove residency.

Absent that, attached is a document prepared by the California Department of Education ("missingdocs.doc") regarding the acquisition of missing documents when enrolling a homeless child.   You can see samples of the types of documents typically requested on this form.

Further, although it does not apply to your district per se, Education Code section 48204.6(a) provides guidance for "international-border" school districts for verification of residency.  The language is helpful in that it also provides examples of the kinds of documents that are often required for proof of residency.  The language follows:

48204.6. (a) Any school district that is adjacent to an international border may accept a wide range of documents and representations from the parent or guardian of a pupil as reasonable evidence that the pupil meets the residency requirements for school attendance in the school district as set forth in Section 48204. Reasonable evidence of residency may be established by documentation, including, but not limited to, any of the following documentation:
   (1) Property tax payment receipts.
   (2) Rent payment receipts.
   (3) Utility service payment receipts.
   (4) Declaration of residency executed by the parent or guardian of the pupil.

   (b) If any employee of a school district that is adjacent to an international border reasonably believes that the parent or guardian of a pupil has provided false or unreliable evidence of residency, the school district shall make reasonable efforts to determine that the pupil actually meets the residency requirements set forth in Section 48204.

As circumstances can and do vary, FCMAT strongly recommends the district - absent existing board policy or regulation - consult with legal counsel to determine the most appropriate documentation requirements for proof of residency.

9/17/08

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