Section 5-A5005. STUDENT RESIDENCY VERIFICATION: OTHER PRIMARY CAREGIVER

 

5005.1In addition to establishing his or her residency status, a primary caregiver, other than the student’s parent, guardian or custodian, seeking to enroll a student in a District public school shall provide documentation that establishes his or her status as the student’s other primary caregiver.

 

5005.2A minor student’s bona fide residence in the District of Columbia may be based upon that of another primary caregiver if:

 

(a) The student resides with the other primary caregiver;

 

(b)The other primary caregiver provides both (1) care or control; and (2) substantial support, for the student; and

 

(c) The student’s parents, guardians, or custodians have abandoned the child; or

 

(d)The student’s parents, guardians, or custodians are unable to provide both care or control, and substantial support due to adverse consequences such as serious family hardship. 

 

5005.3The status as another primary caregiver of each person seeking to enroll a student in a school shall be established through one of the following:

 

(a) Previous school records indicating that the student is in the care of the caregiver;

 

(b)Immunization or medical records indicating that the student is in the care of the caregiver;

 

(c)Proof that the caregiver receives public or medical benefits on behalf of the student;

 

(d)A signed statement, sworn under penalty of perjury, that he or she is the primary caregiver for the student; or

 

(e)An attestation from a legal, medical or social service professional attesting to the caregiver’s status relevant to the student.

 

5005.4Documentation to establish or verify the status of other primary caregiver pursuant to Subsections 5005.3(d) or 5005.3(e) shall be in the form provided by OSSE.

 

5005.5An LEA shall not accept any other documentation to establish or verify the status of other primary caregiver from a person seeking to enroll the student, unless approved by OSSE pursuant to D.C. Official Code § 38-311, or any superseding statute.

 

5005.6Notwithstanding Subsection 5005.3, in limited exceptional circumstances, OSSE may determine that a child is a resident upon the written request of an LEA or person seeking to enroll a student, pursuant to D.C. Official Code § 38-302(d), if OSSE finds:

 

(a)That the care or control and the substantial support are supplied by the person or persons with whom a child is residing and the parent, guardian or custodian of such child is unable to supply such care or control and substantial support; or

 

(b)That such child is self-supporting.

 

 

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).