Investigation of Residency
Policy 3-101
Scope:
The District may investigate a student’s residency status if there is a reasonable and articulable basis to believe that the residency documentation provided is false or unreliable. Such investigations shall only be conducted in accordance with law, district policy, and administrative regulation.
The Board affirms the following principles:
1. All investigations shall respect the rights and dignity of families and students.
2. Investigations shall comply with all applicable federal and state laws, including but not limited to FERPA, the Information Practices Act, and the California Education Code.
3. The use of surveillance technologies such as GPS trackers, drones, or covert photography of students is strictly prohibited.
Appeal Rights
Parents/guardians shall be provided written notice of any determination of non-residency and shall have the right to appeal such determination within the timelines and procedures outlined in the Administrative Regulations below. Final appeals shall be heard by the Governing Board.
Administrative Regulations
1. Definition
A “Residency Investigation” refers to any effort by district staff or a contracted individual to verify the accuracy of a student's claimed residency for enrollment purposes.
2. Conditions for Investigation
An investigation may be initiated only when:
The site administrator or designee has a reasonable belief that the parent/guardian has submitted false or unreliable evidence of residency
The belief is supported by specific and articulable facts
3. Notification Requirements
At least five (5) calendar days before the investigation begins, the District shall provide the parent/guardian written notice that includes:
A summary of the facts supporting the investigation
The names and titles of individuals conducting the investigation
The expected duration of the investigation
A copy of this regulation
4. Preliminary Efforts Before Hiring Investigators
The District may employ a private investigator to conduct or assist with a residency investigation only after the District has made reasonable efforts to determine whether the pupil resides in the District. Such efforts may include:
Review of submitted documents
Requests for additional documentation
Verification with public agencies
Contact with landlords or employers (with parental consent)
5. Investigatory Methods
Permitted methods include:
Review of documentation
Requests for clarification or additional evidence
Contact with public agencies
Visits to the residence (announced or unannounced)
Interviews with student, parent/guardian, or witnesses
Phone calls to residence
Observation (not including covert surveillance)
Photography or video only in open and public view
All investigators must truthfully identify themselves
Prohibited Methods:
Surreptitious photographing or video-recording of students
Use of surveillance equipment such as GPS trackers or drones
Misrepresentation of identity by investigators
6. Written Determination
Following the investigation, the administrator shall issue a written determination stating:
Whether the student meets residency requirements
If not, the specific facts supporting the conclusion
A deadline for the student to transfer
The parent’s right to appeal within 14 calendar days
7. Appeals Process
Appeals must be submitted in writing to the Superintendent or designee within 14 calendar days of the decision.
The Governing Board shall consider residency appeals and shall issue a written decision within 30 calendar days.
In assessing the appeal, the burden shall be on the appealing party to show why the decision of the school district should be overruled.
The Governing Board’s decision shall be final.