Administrative Regulation 5111.1: District Residency
Reviewed Date: Nov. 14, 2023
Criteria for Residency
A student shall be deemed to have complied with district residency requirements for enrollment in a district school if he/she meets any of the following criteria:
1. The student's parent/guardian resides within district boundaries. (Education Code 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. (Education Code 48204)
3. The student is admitted through an interdistrict attendance option. (Education Code 46600, 48204, 48301, 48356)
4. The student is an emancipated minor residing within district boundaries. (Education Code 48204)
5. The student lives with a caregiving adult within district boundaries and the caregiving adult submits an affidavit to that effect. (Education Code 48204)
6. The student resides in a state hospital located within district boundaries. (Education Code 48204)
7. The student is confined to a hospital or other residential health facility within district boundaries for treatment of a temporary disability. (Education Code 48204, 48207)
8. The student's parent/guardian resides outside district boundaries but is employed within district boundaries and lives with the student at the place of employment for a minimum of three days during the school week. (Education Code 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. (Education Code 48204.3)
10. The student's parent/guardian was a resident of California who departed the state against his/her 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 his/her removal, or 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 his/her parent/guardian's departure. (Education Code 48204.4)
Residency Based on Parent/Guardian Employment (Allen Bill Transfers)
District residency status may be granted to a student if at least one of his/her parents/guardians is physically employed within district boundaries for a minimum of 10 hours during the school week. No student seeking residency on this basis shall be denied enrollment based on race, ethnicity, sex, parental income, scholastic achievement, or any of the individual characteristics set forth in Education Code 220. However, the Superintendent or designee may deny enrollment into the district if any of the following circumstances is present: (Education Code 48204)
1. The additional cost of educating the student would exceed the amount of additional state aid received as a result of the transfer.
2. Enrollment of the student would adversely affect the district's court-ordered or voluntary desegregation plan as determined by the Governing Board.
3. Other circumstances exist that are not arbitrary.
Such circumstances may include, but are not limited to, overcrowding of school facilities at the relevant grade level.
Once a student establishes residency on this basis, he/she shall not be required to reapply for enrollment in subsequent years. The student may continue to attend school in the district through the highest grade level offered by the district if the parent/guardian so chooses and if at least one parent/guardian of the student continues to be physically employed by an employer situated within district boundaries, subject to the exceptions in items #1-3 above. (Education Code 48204)
The Superintendent or designee may deny a transfer out of the district by a student whose parent/guardian is employed within the boundaries of another district if the difference between the number of students entering and exiting the district on the basis of parent/guardian employment exceeds the limits prescribed in Education Code 48204. (Education Code 48204)
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. (Education Code 234.7)
Evidence of residency may be established by documentation showing the name and address of the parent/guardian within the district, including, but not limited to, any of the following: (Education Code 48204.1)
Property tax payment receipt
Rental property contract, lease, or payment receipt
Utility service contract, statement, or payment receipt
Pay stub
Voter registration
Correspondence from a government agency
Declaration of residency executed by the student's parent/guardian
If the student is an unaccompanied youth as defined in 42 USC 11434a, a declaration of residency executed by the student
If the student is residing in the home of a caregiving adult within district boundaries, an affidavit executed by the caregiving adult in accordance with Family Code 6552
A parent/guardian seeking residency status on the basis of his/her employment within district boundaries shall submit proof of the employment which may include, but not be limited to, a paycheck stub or letter from his/her employer listing a physical address within district boundaries. Such evidence shall also indicate the number of hours or days per school week that the parent/guardian is employed at that location.
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, he/she may use as his/her 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. (Education Code 48204.3)
A student whose parent/guardian's departure from the state occurred against his/her will pursuant to item #10 in the section "Criteria for Residency" above shall be in compliance with district residency requirements if he/she provides 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. (Education Code 48204.4)
Any homeless or foster youth or student who has had contact with the juvenile justice system shall be immediately enrolled in school even if he/she is unable to provide proof of residency. (Education Code 48645.5, 48852.7, 48853.5; 42 USC 11432)
Safe at Home/Confidential Address 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. (Government Code 6206, 6207)
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State
Description
5 CCR 432
Student records
Ed. Code 220
Prohibition of discrimination
Ed. Code 234.7
Student protections relating to immigration and citizenship status
Ed. Code 35160.5
Intradistrict open enrollment
Ed. Code 35351
Assignment of students to particular schools
Ed. Code 46600-46611
Interdistrict attendance permits
Ed. Code 48050-48054
Nonresidents
Ed. Code 48200-48208
Compulsory education law
Ed. Code 48204
Residency requirements
Ed. Code 48204.1-48204.4
Evidence of residency
Ed. Code 48300-48317
Student attendance alternatives; school district of choice program
Ed. Code 48350-48361
Open Enrollment Act
Ed. Code 48645.5
Former juvenile court school students; enrollment
Ed. Code 48852.7
Education of homeless students; immediate enrollment
Ed. Code 48853.5
Education of foster youth; immediate enrollment
Ed. Code 48980
Parent/Guardian notifications
Ed. Code 52317
Regional occupational program; admission of persons including nonresidents
Fam. Code 6550-6552
Caregivers
Gov. Code 6205-6210
Confidentiality of residence for victims of domestic violence
Federal
Description
42 USC 11431-11435
McKinney-Vento Homeless Assistance Act
8 USC 1229c
Immigration and Nationality Act
Management Resources
Description
CA Office of the Attorney General Publication
Promoting Safe & Secure Learning Environment for All: Guidance & Model Policies to Assist CA K-12 Schools in Responding to Immigration Issues, 4/2018
Court Decision
Katz v. Los Gatos-Saratoga Joint Union High School District, (2004) 117 Cal.App.4th 47
Court Decision
Plyler v. Doe, 457 U.S. 202 (1982)
CSBA Publication
Legal Guidance Regarding International Student Exchange Placement Organizations, April 2014
CSBA Publication
Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017
U.S. DOJ & DOE Civil Rights Joint Publication
Fact Sheet: Information on the Rights of All Children to Enroll in School, May 8, 2014
U.S. DOJ & DOE Civil Rights Joint Publication
Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents, May 8, 2014
U.S. DOJ & DOE Civil Rights Joint Publication
Dear Colleague Letter: School Enrollment Procedures, May 8, 2014
Website CSBA District and County Office of Education Legal Services
Website California Secretary of State, Safe at Home Program
Website U.S. Department of Justice
Website California Office of the Attorney General
Website California Department of Education
Website CSBA
Website U.S. Department of Education, Office for Civil Rights