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District Residency BP 5111.1

Students BP 5111.1(a)

DISTRICT RESIDENCY

Regulations

1. Attendance Areas

In order to make efficient use of facilities and to plan for the organization, operation, and administration

of the schools, the Capistrano Unified School District Board of Trustees establishes attendance

boundaries for each elementary, middle, and high school within the District in compliance with the

Education Code.

Students must live within the school attendance area to be eligible for enrollment in that school. Schools

shall accept pupils living within their defined attendance area, with the following exceptions:

A school is at maximum capacity when class size has reached district and/or state regulations for

that year. Students in Grades Kindergarten through 8, who need to enroll after a school’s

maximum capacity has been reached, will be assigned to an alternate site if all of the classes at

the student’s grade level are full.

Due to state Class Size Reduction (CSR) regulations, students in Grades 1, 2, or 3 who move to the

attendance area of a school that has reached maximum capacity, may be assigned to an alternate

school site if all of the classes at the student’s grade level are at district and/or state CSR regulations

for that year. Waiting lists for students to return to their home school will be created by grade level

on a first-come first-served basis. Students will be invited back to their home school as space

becomes available.

If at any time during the year an opening becomes available at the student’s home school, the parents will

be given the option to have the student remain at the alternate school site for the remainder of the school

year or return to the student’s home school within their attendance area. Parents of students who remain

at an alternate school site until the end of the school year will also be given the option to remain at the

alternate school site or return to the school within their attendance area for the next school year.

Students in elementary schools with Dual Immersion programs must enter the program in kindergarten.

Students entering Grades 1 through 5 in elementary schools with Dual Immersion programs will be

assigned to a nearby alternate school for the duration of their elementary program if there are no Englishonly

classes available at the grade level. Students who have participated in a Dual Immersion program

in another elementary school or district may be eligible to enter at their appropriate grade level.

Students identified as special education may be administratively assigned to alternate school sites in

accordance with recommendations on their Individualized Education Programs (IEPs).

2. Definition of Residence

A student residing within the District may establish residency by documenting that he/she: lives with a

parent/guardian within the District; is an emancipated minor living in the District, or is in the courtappointed

care of a licensed foster home, family home, children's institution, or documented caregiver

within the District. (Education Code 48204)

 

A student not residing within the District shall be deemed a District resident if an interdistrict attendance

agreement is in effect or if the student is confined to a District area hospital or residential care facility for

treatment of a temporary disability. (Education Code 48206.3-48208)

District residency is not required for enrollment in ROC or ROP. (Education Code 52317)

3. Verification of Parent Identity

Prior to admission, the parent, licensed foster parent, or California Superior Court-appointed legal

guardian may be asked to provide a drivers license (any photo drivers license is permitted) or

passport with photo ID.

4. Proof of Residence

Prior to admission, students living within the District must provide proof of residency.

Residence of a student shall be verified by the principal or designee through two different documents

upon enrollment. Acceptable documents for verification include the following: Current electric/gas bill

or water/sewer bill and current mortgage statement or rental agreement. An escrow statement followed

by verification of closing documents is also acceptable.

In order to verify residency, the principal or designee or law enforcement personnel may make a home

visit, require the parent or guardian to sign a statement under penalty of perjury as to the validity of his or

her residence, or require additional documents establishing proof of residence.

Students determined to have enrolled in a school by falsifying residency records shall be immediately

transferred to their school of residence.

5. Change of Residency

Parent/guardian must notify the school within two weeks of a change of residency and provide the school

with the requisite proof of residence. Failure to notify may result in an immediate transfer to the

student’s new school of residence.

 

Legal Reference:

EDUCATION CODE

35351 Assignment of students to particular schools

48200-48204 Persons included (compulsory education law)

48206.3-48208 Students with temporary disability

48980 Notification of parent or guardian

52317 Admission of persons including nonresidents to attendance area

CODE OF REGULATIONS, TITLE 22

87001 Definitions

Management Resources:

CDE LEGAL ADVISORIES

1115.88 Application of residency requirements for homeless children and youth,LO:5-88

Policy CAPISTRANO UNIFIED SCHOOL DISTRICT

Adopted: August 18, 1997 San Juan Capistrano, California

Revised: February 14, 2000

Revised: June 28, 2005

Revised: January 8, 2007

Revised: April 21, 2008

Revised: September 15, 2009

Revised: April 13, 2010

Non-Discrimination Statement

The Capistrano Unified School District prohibits discrimination, harassment, intimidation, and bullying in all district activities, programs, and employment based upon actual or perceived gender, gender identity, gender expression, race, ethnicity, color, religion, ancestry, nationality, national origin, ethnic group identification, sex, sexual orientation, marital or parental status, pregnancy, age, physical or mental disability or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics. Reference: AR 1312.3, BP 1312.3 and BP 5183.

Rich Montgomery, Executive Director, Human Resource Services/Compliance
33122 Valle Road, San Juan Capistrano, CA 92675
(949) 234-9200

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