Section 5-A5002. STUDENT RESIDENCY VERIFICATION

 

5002.1  The residency of each student seeking to attend a District public school or receiving funding from the District of Columbia to attend another school or educational program shall be verified consistent with this chapter, and as described below:

 

(a) Upon initial enrollment, the person seeking to enroll the student shall establish residency in the District of Columbia, including an acknowledgement confirming responsibility for tuition payment for any period of time the student is determined to be a non-resident while enrolled and attending a District public school;

 

(b) Each student attending a District public school or receiving funding from the District of Columbia to attend another school or educational program shall establish residency annually; and

 

(c) The current LEA of enrollment shall verify each student’s residency annually.

 

5002.2  Except as provided in Subsection 5002.3, annual residency verification of a student’s bona fide residence by the current LEA of enrollment shall include:

 

(a) Completion of a residency verification form provided by OSSE;

 

(b) Submission and review of documentation to establish District residency as provided in either Subsections 5004.2 or 5004.3; and

 

(c) Submission and review of other primary caregiver documentation, as required.

 

5002.3  Annual residency verification of a school age student, as defined in this chapter, whose bona fide residence was verified by the current LEA of enrollment in the prior school year and who maintains bona fide residence in the District of Columbia, may be limited to the submission of a residency verification form, as provided by OSSE and completed by the person seeking to enroll the student, which shall include the following: 

 

(a) Written confirmation that affirms that student’s bona fide residence in the District has remained the same; 

 

(b) Appointment of OSSE, or another specifically designated District agency identified by OSSE, such as the Office of Tax and Revenue, as the representative authorized to verify student’s residency status through an interagency data-sharing process; and

 

(c) Consent to random verification of student’s residency status through an interagency data-sharing process.

 

5002.4  Even if annual residency verification is completed pursuant to Subsection 5002.3, OSSE may, if it concludes that additional information is needed, seek further documentation to verify the student’s residency or otherwise investigate the residency status of the student. 

 

5002.5  Even if annual residency verification is completed pursuant to Subsection 5002.3, school official(s), if they reasonably conclude that additional information is needed, seek further documentation to verify the student’s residency or otherwise investigate the residency status of the student.

 

5002.6  An adult student, self-supporting student, or parent(s), guardian(s), custodian(s) or other primary caregiver of a minor student attending a District public school or receiving funding from the District of Columbia to attend another school or educational program shall re-establish residency in the District if the student’s address of residency changes after October 5th of the school year and the current LEA of enrollment has completed the student’s annual residency verification.

 

5002.7  A LEA shall verify District residency of a student who is funded to attend a school or educational program outside the District of Columbia public school system annually and as necessary, in accordance with this chapter. Nothing in this subsection shall prevent the placement of a student during the pendency of the residency verification.

 

5002.8  The residency of a student who attends a school or educational program other than a public school in the District of Columbia and whose tuition is paid by the District of Columbia, shall be verified in conformance with the procedures set forth in this chapter.

 

5002.9  At the time a student transfers from a District public school to another District public school, the receiving LEA shall be responsible for verifying residency and collecting the residency verification documents from the sending LEA, or from the student, student’s parents, guardian, custodian or other primary caregiver directly if residency verification documentation submitted is not available from the sending LEA. The receiving LEA shall maintain the student’s residency verification documentation.

 

5002.10 A student shall be permitted to attend and remain enrolled in a school while his or her residency verification status is pending.

 

 

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).