Section 5-A5009. NON-RESIDENT STUDENTS: FINDING OF NON-RESIDENCY AND NOTIFICATION

5009.1  Based on the information gathered from an investigation, the residency verification process or otherwise, OSSE may issue a finding that a student is not a resident of the District of Columbia.

 

5009.2  When OSSE issues a finding that a student is not a resident of the District of Columbia, OSSE shall provide the adult student, the self-supporting student, or the parent, guardian, custodian or other primary caregiver of the minor student written notification of the finding and an opportunity for review as specified in this chapter.  The written notification shall be delivered by OSSE through the following methods:

 

(a) By mail to the last known home, work or school address on file with the LEA for the student and to the out-of-District address of record, if any; and

 

(b) By email, to the last known e-mail address of the person seeking to enroll the student, if known to OSSE.

 

5009.3  The written notification shall:

 

(a) Include the basis for finding that the student is a non-resident;

 

(b) Notify the student or student’s parent, guardian, custodian or other primary caregiver that they have ten (10) business days from the date the written notification is issued to request an administrative review of the non-residency finding by an impartial party or office assigned by OSSE to review such matters and render a final decision; 

 

(c) Explain that the student may remain enrolled at that school he or she is attending school until a final administrative decision is made;

 

(d) Explain that unless OSSE receives a request for administrative review of the non-residency finding within ten (10) business days after the date of the written notification, the non-resident finding will become the final administrative decision, the student will be disenrolled from the school, and tuition will be owed for period of time in which the student was enrolled but was not a District resident; and 

 

(e) State that if the student is voluntarily or involuntarily disenrolled from school before a final decision is made that the student was or is in fact not a District resident, the District shall calculate the a pro-rated amount of non-resident tuition owed, reflecting the student’s time at the school while he or she was a non-resident, how and by when payment should be made, and that OSSE may take any authorized action to collect this amount.  

 

 

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 64 DCR 3147 (March 31, 2017).