Section 5-A5001. ESTABLISHING STUDENT RESIDENCY

 

5001.1  All pre-K age and school aged children or eligible adult students who establish bona fide residency in the District of Columbia, may attend a District of Columbia public school or District of Columbia public charter school (collectively a “District public school”), a publicly funded pre-Kindergarten (“pre-K”) program in a community-based organization, or other school or educational program with funding provided by the District of Columbia, free of charge.

 

5001.2  A resident student shall have priority over a non-resident student seeking admission to a District public school, or other school or educational program with funding provided by the District of Columbia.

 

5001.3  In the absence of evidence to the contrary, residency for students under eighteen (18) years of age and not emancipated shall be presumed to be the bona fide residence of the student’s parents, guardian, custodian or other primary caregiver, as defined in this chapter.

 

5001.4  For the purposes of Sections 5001 to 5005, adult students, self-supporting or the parents, guardians, custodians, or other primary caregiver of a minor student, shall be referred to as the person seeking to enroll the student.

 

5001.5  The District of Columbia is the bona fide residence of the person seeking to enroll the student if:

 

(a) The person has established a physical presence in the District of Columbia; and

 

(b) The person has submitted valid and proper documentation in accordance with Subsections 5004.2 or 5004.3.

 

5001.6  In the event the student’s parents do not maintain the same residency and do not have a formal custodial agreement entered into by a court of competent jurisdiction, the student shall be presumed to be a resident, if one of the parents has established bona fide residency in the District.

 

5001.7  In the event the student’s parents do not maintain the same residency but do have a formal custodial agreement entered into by a court of competent jurisdiction awarding physical custody and legal custody to one or both parents, the student shall be presumed to be a resident, if:

 

(a) The student’s parents share joint physical custody and joint legal custody of the student and at least one parent has established bona fide residency in the District;

 

(b) The student’s parents share joint physical custody even if only one parent is awarded sole legal custody and the parent awarded sole legal custody has not established bona fide residency in the District but the parent not awarded legal custody has established bona fide residency in the District;

 

(c) The parent awarded sole physical custody and sole legal custody has established bona fide residency in the District; or

 

(d) The student’s parents share joint legal custody even if only one parent is awarded sole physical custody and the parent awarded sole physical custody has not established bona fide residency in the District but the parent not awarded physical custody has established bona fide residency in the District.

 

5001.8  A student experiencing homelessness is not required to establish residency as a condition of enrollment in a District public school. The appropriate school official shall notify OSSE when a student is experiencing homelessness or may be suspected of experiencing homelessness and shall work with OSSE, as appropriate, to ensure proper identification and promptly provide the student with the available services and assistance required by the McKinney-Vento Act, and provide notice of the student’s educational rights.

 

5001.9  An undocumented student is not required to provide proof of immigration status as a condition of enrollment in a District public school. The residency of an undocumented student, who is eligible for admission to a DCPS or public charter school, is established in accordance with Subsection 5004.7. 

 

5001.10 The residency of a ward of the District of Columbia, who is eligible for admission to a DCPS or public charter school, is established in accordance with Subsection 5004.8.

 

5001.11 The residence of an adult student, who is eligible for admission to a DCPS or public charter school, is not the residence of the adult student’s parents, custodian, guardian or other primary caregiver, unless the adult student establishes residency in accordance with Subsection 5004.9.

 

5001.12 The residency of a child of a minor parent, who is eligible for admission to a DCPS or public charter school, is established in accordance with Subsection 5004.10.

 

 

authority

Section 3(b)(3) of the District of Columbia State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(3) (2012 Repl. & 2016 Supp.)); Sections 11 and 16 of the District of Columbia Nonresident Tuition Act, approved September 8, 1960 (74 Stat. 853; D.C. Official Code §§ 38-308(a) and 38-313 (2012 Repl.)); and Mayor’s Order 2017-007; Section 101(d) of the Public School Enrollment Integrity Clarification and Board of Education Honoraria Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-348; D.C. Official Code § 38-2906.02(c) (2012 Repl. & 2016 Supp.)); and the District of Columbia Public Schools and Public Charter School Student Residency Fraud Prevention Amendment Act of 2012, effective May 9, 2012 (D.C. Law 19-126; D.C. Official Code § 38-312.01(c) (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017).