Section 5-A5004. STUDENT RESIDENCY VERIFICATION: METHODS

 

5004.1  A person seeking to enroll the student shall provide documentation in compliance with this chapter and all relevant District of Columbia laws in order to establish residency.

 

5004.2  One (1) of the following items shall establish bona fide residence in the District of Columbia for the purposes of this chapter:

 

(a) Proof of payment of District personal income tax, in the name of the person seeking to enroll the student, for the tax period closest in time to the consideration of District residency;

 

(b) A pay stub issued less than forty-five (45) days prior to consideration of residency in the name of the person seeking to enroll the student that shows his or her District residency and evidence of the withholding of District income tax;

 

(c) Current official documentation of financial assistance received by the person seeking to enroll the student, from the District Government including, but not limited to Temporary Assistance for Needy Families (TANF), Medicaid, the State Child Health Insurance Program (SCHIP), Supplemental Security Income (SSI), housing assistance, or other governmental programs;

 

(d) Confirmation, based upon completion and submission of a tax information authorization waiver form, by the District Office of Finance and Revenue of payment of District income taxes by the person seeking to enroll the student;

 

(e) Current official military housing orders showing residency in the District of the person seeking to enroll the student; or

 

(f) A currently valid court order indicating that the student is a ward of the District.

 

5004.3  If person enrolling the student is unable to provide one (1) of the items in Subsection 5004.2, the person enrolling the student shall provide two (2) of the following items to establish bona fide residence in the District of Columbia for the purposes of this chapter:

 

(a) A current motor vehicle registration in the name of the person seeking to enroll the student and evidencing District residency;

 

(b) A valid unexpired lease or rental agreement in the name of the person seeking to enroll the student, and paid receipts or canceled checks (for a period within two (2) months immediately preceding consideration of residency) for payment of rent on a District residence in which the student actually resides;

 

(c) A valid unexpired District motor vehicle operator’s permit or other official non-driver identification in the name of the person seeking to enroll the student; and

 

(d) Utility bills (excluding telephone bills) and paid receipts or cancelled checks (from a period within the two (2) months immediately preceding consideration of residency) in the name of the person seeking to enroll the student that show a District residence address.

 

(e) An LEA shall not accept any other documentation to establish or verify residency from a person seeking to enroll the student, unless except as authorized under procedures approved by OSSE pursuant to D.C. Official Code § 38-311 or any superseding statute.

 

5004.4  Documentation to establish residency may be presented in the following manner:

 

(a) Provided to the school principal or his or her designee by the person seeking to enroll the student, in person or by that person’s appointed representative;

 

(b) Subject to implementation of an interagency data sharing process, pursuant to such a process with the consent of the person seeking to enroll the student; or

 

(c) Pursuant to other District-wide policies or procedures approved by OSSE.

 

5004.5  The principal or the principal’s designated employee may conduct a home visit to determine residency of the person seeking to enroll the student if:

 

(a) The person seeking to enroll the student is unable to produce the documentation to establish District residency as required in Subsections 5004.2 or 5004.3; and

 

(b) The person seeking to enroll the student provides written consent in a manner approved by OSSE.

 

5004.6  A home visit to determine residency shall be limited to obtaining evidence that verifies the person seeking to enroll the student and the student reside at the District address.

 

5004.7  An undocumented student may establish bona fide residence in the District of Columbia through one of the following:

 

(a) Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the undocumented student’s parent(s), custodian, guardian or other primary caregiver;

 

(b) A home visit pursuant to Subsection 5004.5; or

 

(c) OSSE’s McKinney-Vento Act documentation if the student is an unaccompanied student.

 

5004.8  A ward of the District of Columbia, including a foster child, may establish bona fide residence in the District of Columbia through one of the following:

 

(a) Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the ward’s parent(s), custodian, guardian or other primary caregiver;

 

(b) A home visit pursuant to Subsection 5004.5; or

 

(c) A court order or official documentation from the District’s Child and Family Services Agency providing that the child is a ward of the District of Columbia.

 

5004.9  An adult student may establish bona fide residence in the District of Columbia at the residence of his or her parent(s), custodian, guardian or other primary caregiver through one of the following:

 

(a) Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the adult student or his or her parent(s), custodian, guardian or other primary caregiver;

 

(b) A home visit pursuant to Subsection 5004.5; or

 

(c) A signed statement, sworn under penalty of perjury, that an individual is the parent, custodian, guardian or other primary caregiver of the adult student and the adult student resides with him or her.

 

5004.10 A minor parent seeking to enroll a child may establish bona fide residence in the District of Columbia of the child at the residence minor parent’s parent(s), custodian, guardian or other primary caregiver through one of the following:

 

(a) Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the minor parent or his or her parent(s), custodian, guardian or other primary caregiver;

 

(b) A home visit pursuant to Subsection 5004.5; or

 

(c) A signed statement, sworn under penalty of perjury, that an individual is the parent, custodian, guardian or other primary caregiver of the minor parent and the minor parent resides with him or her.

 

5004.11 A student living on embassy property in the District of Columbia shall establish bona fide residence in the District of Columbia through one of the following: 

 

(a) Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the student or his or her parent(s), custodian, guardian or other primary caregiver;

 

(b) A home visit pursuant to Subsection 5004.5; or

 

(c) A dated statement, signed by an appropriate embassy official and including the official embassy seal, issued within the twelve (12) month period before the date of the statement, stating the name of the person seeking to enroll the student and stating that the person (i) currently lives on embassy property in the District of Columbia or (ii) will reside on that embassy property, and that the embassy will confirm this during the relevant school year.

 

5004.12 A self-supporting student seeking to enroll his or her self may establish bona fide residence in the District of Columbia through one of the following:

 

(a) Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the self-supporting student;

 

(b) A home visit pursuant to Subsection 5004.5; or

 

(c) A court order or official documentation providing that the minor student who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.

 

 

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).