Policy 5.011-ER

Student Residence Enrollment Requirements

The School Board strongly encourages all schools to facilitate enrollment of all Palm Beach County students and not to create barriers to enrollment. Additional requirements within the policy are aimed to address boundary jumpers.

1. Proof of Residence Requirements for Initial and Continuing Enrollment

   1. Absent an approved alternative method of assignment or reassignment, students must attend the school in the school attendance boundary where the student/parent(s)/legal guardian resides as set forth in School Board Policy 5.01. This policy shall be construed consistently with H.B. 7197 (2011) relating to residency requirements concerning Virtual Instruction.

   2. For those students whose school assignment is based upon their residence, upon initial enrollment in a school, except as stated below in Sections 1(c) 4 or 5 of this Policy, proof of residence is necessary in order to ensure that a student is enrolled in the appropriate school attendance boundary or assigned school. Two proofs of residence reflecting the correct address are required to register a student. Examples of acceptable proof are listed below and all sources of evidence must match:

      1. current telephone or electric bill, with billing address indicated;

      2. rent receipt with the name of tenant and landlord and contact information for all parties;

      3. lease agreement with name of tenant and landlord and contact information for all parties;

      4. mortgage;

      5. home purchase contract including specified closing date, with copy of deed to be provided within 30 days of closing date;

      6. automobile insurance policy;

      7. current Florida Driver's License/Florida Identification Card;

      8. credit card statement;

      9. United States Postal Service confirmation of address change request or evidence of correspondence;

      10. Declaration of Domicile form from the County Records Department.

   3. Due to unique or hardship circumstances, if a parent/student does not have the required documentation and cannot produce them, the principal/designee may admit the student temporarily pending the verification of the student's residence.

   4. A school may determine that presentation of the required documents is not sufficient for enrollment if the Principal/designee has reasonable suspicion of inaccurate information as to the residence of the student, the status of a person acting as a parent of that student, or other relevant factors.

   5. Parents on behalf of all new and returning students also shall annually complete a "New and Returning Student Registration Form" (PBSD 0636), which is incorporated herein by reference. The form shall be verified under penalties of perjury pursuant to Fla. Stat. § 92.525. A PDF version of the form is available on the District's website.

   6. At any time that a student's address changes, it is the parent's responsibility to immediately notify the School District in writing.

   7. Residential lease agreements are valid only through the expiration date indicated on the agreement. Upon expiration of a residential lease agreement, parents must present a copy of the renewed or new agreement to the school office.

   8. Parents are expected to obtain and provide to the school all of the required documentation before enrolling a child in school. In cases of students experiencing homelessness or those in foster care, however, please refer to Sections 4 and 5 below.

   9. Students who are not emancipated, as defined within School Board Policy 5.072, shall be assigned to the school based on the primary residence address at which their parent(s) reside(s) unless a completed and verified PBSD form 1543, or PBSD form 2416 showing that the student resides with a person acting as a parent, as defined by FL. Stat. § 1000.21(5). The student must actually reside with the Person Acting as Parent as the student's primary residence (see section 6(b) below), and the student has the burden to show that the residency is not incident to his/her eligibility to enroll in a particular school attendance boundary.

   10. Circumstances may exist where the student's parents reside in different school attendance boundaries. The home of the parent in which the student resides for the major part of the time is the home that determines the student's school attendance boundary. If the parent(s) states that the student divides his/her time equally between the parents, the parent(s) or court order shall indicate the residence to determine the student's school attendance boundary. Absent agreement or court order, the Superintendent/designee will determine the residence for school attendance based upon School Board policies and the best interest of the child.

   11. Consistent with federal law, school personnel are strictly prohibited from requesting/requiring documentation of the immigration status of students and families.

2. Additional Proof May be Required

   1. For good cause, such as but not limited to cases where the Principal/designee believes that a student's enrollment information is inaccurate due to returned mail or reasonable suspicion that the student is not residing at the claimed address, the following procedures may be implemented at the discretion of the Superintendent/Principal or the Superintendent's/Principal's designee (based on sufficient resources):

      1. The Property Appraiser's website (PAPA) may be examined to determine the parent's homestead (primary residence) location. The homestead address of the parent or legal guardian will be used as a factor to determine the student's assigned school. A conflicting address indicates that further investigation is required.

      2. A call may be made or a letter may be sent to the parent(s)/legal guardian(s) who have conflicting address information, requesting that the parent(s)/legal guardian(s) update enrollment information.

      3. The Superintendent/Principal or the Superintendent's/Principal's designee may also require submission of an "Affidavit of Residence" accompanied by the "Additional Proof-of-Residence Requirements", outlined below. The Affidavit of Residence form (PBSD 1866) is incorporated herein by reference, and is available on the District's web site, and shall be verified under penalties of perjury pursuant to Fla. Stat. § 92.525.

      4. If the Principal/designee has reasonable suspicion that the information contained in the Affidavit is no longer accurate, the Principal/designee may request the parent(s)/legal guardian to submit a new Affidavit. The Principal/designee may ask that the Affidavit be verified at any time during the school year it is in effect.

      5. The above activities may be conducted by the school center to the extent allowed by existing resources. In cases of limited resources, the Principal/designee may request assistance from the central office by contacting the Superintendent's designee.

   2. Additional Proof-of-Residence Requirements.-- When requested (and in addition to the two proofs of domicile reflecting correct residential address under Section (1)(b) above), the parent/legal guardian/emancipated student shall have 10 calendar days to provide sufficient documentation to the Principal/designee to validate primary residence of the student as outlined within this Policy in Section 7(b) below and must present a signed Affidavit of Residence (PBSD 1866) as well as one current document from each of the three columns in the table below (ORIGINAL documentation is required and copies are not accepted; District staff will make copies of all originals, except passports) to satisfy the proof-of-residence requirements:

      Additional Proof-of-Residence Requirements (when required, a document from each column must be presented along with a signed Affidavit of Residence, PBSD 1866) If applicable, “Person Acting as a Parent” form, PBSD 1543, and proof relating to that issue may also be required.
      i ONE of the following ORIGINAL DOCUMENTS with parent/legal guardian’s Picture ID from the following list (used for parental identification only): current Florida State Driver’s License (if copied by school, may block out license number); or current Florida ID Card; or valid Passport (passport will not be copied) or consulate-issued photo ID; or valid employee photo ID.	ii ONE of the following ORIGINAL DOCUMENTS with parent/legal guardian’s name and address: current, valid vehicle registration; or current credit card statement (may block out account number); or current bank statement (may block out account number) issued within 35 days before the date of registration; or current Florida voter registration card; or current utility bill: FPL, water, etc.; or current non-cellular telephone bills.	iii ONE of the following ORIGINAL DOCUMENTS with parent/legal guardian’s name and address: current Palm Beach County property tax bill of primary residence with parent/guardian’s name and property address, indicating homestead exemption; or current residential rental or lease agreement with parent/legal guardian’s name and address, as well as manager or owner’s name and phone number, and record of last 2 payments (cancelled checks); or current homeowners/renters insurance policy; or Declaration of Domicile (notarized and recorded).

   3. Other documents or information may be accepted as "proof of residency" only under extenuating or hardship circumstances.

   4. A Post Office box, private mail box (PMB)/mail drop address, or commercial establishment address does not meet residency requirements. Only residential street addresses are accepted. All proofs submitted must show the residential Palm Beach County address. The residential address of a relative or friend of the student/parent does not meet student residency requirements unless the student actually lives with the relative or friend as the student's primary residence and the criteria in Section 6 below apply and are followed.

   5. The name and address from all three sources must match. A P.O. Box or PMB address is not a valid proof of residence or domicile. A hotel address is a temporary mode of residency and it should be treated as such.

   6. If the student(s) resides with the parent/legal guardian and/or someone else temporarily who resides in the school's boundary area, the parent must submit an "Affidavit of Residence," signed by the parent/legal guardian and the owner or lessee with whom the parent is residing under penalties of perjury.

   7. The only portions of the address documentation permitted to be redacted are such items as bank and credit card account numbers. If any additional portions of the address documentation are redacted, the document(s) will not be accepted as valid proof-of-residence.

   8. Consistent with federal law, school personnel are strictly prohibited from requesting or requiring documentation of the immigration status of students and families.

   9. For good cause, at the Principal's/designee's discretion, specific proof-of-residence from the table under Section 2(b) may be requested to confirm the validity of other documents submitted (i.e. a valid mortgage with a current utility bill).

3. Submission of False Information, Additional Investigation, and Enforcement

   1. Florida Statutes § 837.06 provides that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree. Additionally, a person who knowingly makes a false declaration under penalties of perjury is guilty of the crime of perjury by false written declaration, a felony of the third degree under Fla. Stat. § 92.525.

   2. Families reported to be in violation of the residency requirements through the "Anonymous Residency Tip Line" (561-434-TIPS) may also be investigated, as outlined within this Policy.

   3. Students whose parent/legal guardians, (or, if emancipated, they) are found, after appropriate investigation, to have submitted false information in an effort to enroll a student in a school to which the student shall not have been assigned, shall, following the procedures within Section 7(a) or (b) below, as applicable, be withdrawn from the enrolled school at the end of the marking period or during the summer break, but the student will not be withdrawn prior to a potential pending appeal. However, a student may be withdrawn immediately if the parent/legal guardian/emancipated student agrees.

   4. Students who have moved and have provided legitimate change of address information may apply for reassignment under School Board Policy 5.015 through the end of the marking period or end of the school year. These students, if reassigned to their current school, will be referred for enrollment in the appropriate school within their school attendance boundary for the following school year if the assignment is based on residence.

   5. Internal or external review personnel, including (but not limited to) an investigator, may be utilized by the District to conduct random checks and investigations by reasonable means consistent with the law and verify information provided and may utilize public records and databases. To the extent permissible under Florida and federal law, the District may pursue prosecution for any false information knowingly submitted.

4. Enrollment of Students Who are Experiencing Homelessness and Unaccompanied Youth

   1. The McKinney-Vento Act, within 42 U.S.C. § 11434a, and Fla. Stat. § 1003.01(12) define homeless children and youths as children and youths who lack a fixed, regular, and adequate nighttime residence within the meaning of 42 U.S.C. § 11302 and the statutes state situations that are included.

   2. The school selection, enrollment and placement of students experiencing homelessness and unaccompanied youth are governed by School Board Policy 5.74.

   3. A School District of Palm Beach County New and Returning Registration form (PBSD 0636) should be completed by the homeless child's or youth's parent or legal guardian or, in the case of an unaccompanied student, the District's homeless education liaison, signed, and returned to the school.

   4. School centers should work with the Assistant Superintendent of Safety and Learning Environment or designee and the homeless shelter to obtain the necessary enrollment documents.

   5. Under no circumstances will students who are experiencing homelessness be withdrawn due to lack of appropriate enrollment documentation.

   6. Children awaiting foster care placement through the Department of Children and Families are considered children experiencing homelessness.

5. Enrollment of Students Who Are in Foster Care

   1. The registration process for foster care students shall be conducted in private in order to protect the student's confidentiality. No student in shelter or foster care should be denied entrance to school due to a missing form. For issues concerning foster care, contact the Student Intervention Services Department.

   2. If the student lives in a residence licensed by the Department of Children and Families (DCF), the student may be enrolled in the school that serves that licensed residence.

   3. Enrollment may also be governed by any agreements between the Florida Department of Education and/or the School Board and DCF.

6. Persons Acting as Parent

   1. For purposes of establishing student residency, a "parent" is defined as either or both natural or adoptive parent(s) of the student, the student's legal guardian, a person in a parental relationship to the student, or a person exercising supervisory authority over the student in place of the parent, pursuant to Fla. Stat. § 1000.21(5).

   2. The student must actually reside with the parent or Person Acting as Parent as the student's primary residence, and, for a person acting as a parent, the student has the burden to show that the residency is not incident to his/her eligibility to enroll in a particular school attendance boundary.

   3. For purposes of this Policy, "primary residence" means the residence in which the child spends most of his or her time.

   4. A Person Acting as Parent must complete form PBSD 1543, which is incorporated herein by reference and is available on the District's web site.

   5. When a student lives with an adult other than the natural or adoptiveparent or legal guardian because of severe family hardship, evidence in support of such an arrangement shall be presented to the principal of the affected school on the Affidavit of Person Acting as Parent Form PBSD 1543. If the person's role is in lieu of the natural or adoptive parent, the written notarized statement of the natural or adoptive parent or guardian may be waived by the principal/designee if the person has proof of the unavailability of the parent, such as incarceration, child abandonment, or living in a foreign country. The acceptance of the statements within the affidavit shall be at the discretion of the school principal/designee and may be based upon verified documented proof from the table in Section 2(b) above, further documentation concerning the issue of the person acting as a parent, and other verified sources including public records searches, investigations and reports. Yet, if this situation involves a student experiencing homelessness or an unaccompanied youth, the provisions within Section 4 above control.

   6. Affidavits are valid for one school year only and expire at the end of the school year. The information contained in the affidavit may be verified as allowed by law at any time during the school year it is in effect.

   7. A parent residing in Palm Beach County is not permitted to request that his/her student live with someone other than the parent (i.e., aunt, friend, grandparent, etc.) residing in a different school boundary in order for the student to attend school in that boundary. The student must enroll in the school within the student's school attendance boundary based on the residence of the parent unless other valid legitimate documentation and proof can be provided that parental rights have been transferred, the student is emancipated, or for compassionate or hardship reasons.

   8. Students who are found, after appropriate investigation, not to be residing with the Person Acting as Parent as their primary residence, shall be withdrawn, following the procedures within Section 8(a) or 8(b) below, as applicable, from the enrolled school at the end of the marking period or during the summer break (or immediately if the parent/legal guardian/emancipated student agrees), but the student will not be withdrawn prior to a potential pending appeal.

7. Enrollment, School Selection and Assignment of Students in Extra-Curricular Training Academies

   1. The enrollment, school selection, and assignment of students residing in an extra-curricular training academy and not otherwise governed by § 1003.57(2)(a), Fla. Stat. shall be governed by this section. The express purpose of this provision is to prevent overcrowding of schools and Class Size Reduction non-compliance due to the concentration of students living at a single facility.

   2. The assignment of students who reside in extra-curricular training academies will not be assigned to a school based upon the address of the extra-curricular training academy facility, but instead the assigned school will be based on the student's parents' primary address or administrative reassignment as set forth in Policy 5.015.

   3. Process.

      1. Complete Person Acting as Parent - Extra-Curricular Training Academy Form (PBSD Form 2416) which is incorporated herein by reference and is available on the District's web site.

      2. Submit an application for reassignment pursuant to Policy 5.015. Schools not listed on the current reassignment list shall not be available or considered in the absence of extenuating circumstances.

      3. Person Acting as Parent - Extra-Curricular Training Academy Forms are valid for one school year only and expire at the end of the school year. The information contained in the form may be verified as allowed by law at any time during the school year it is in effect.

      4. Students who are found, after appropriate investigation, not to be residing at the extra-curricular training academy as their primary residence, shall be withdrawn, following the procedures within Section 8(a) or 8(b) below, as applicable, from the enrolled school at the end of the marking period or during the summer break (or immediately if the parent/legal guardian/emancipated student agrees), but the student will not be withdrawn prior to a potential pending appeal.

   4. The extra-curricular training academy shall be responsible for providing all student transportation.

   5. Eligibility of students residing at an extra-curricular training academy to participate in athletics at the assigned school shall be subject to clearance by the Florida High School Athletic Association.

8. Assignment to Correct School

   1. If the Principal/designee determines that a student attempting to enroll in a school resides in a school attendance boundary which is outside the boundary for that school (except for a student with an approved alternative method of assignment or reassignment), the Principal/designee will assist the parents/legal guardians/emancipated student in enrolling the student in the correct school. The parent/legal guardian/emancipated student shall have 10 calendar days in which to appeal the decision not to enroll the student in the requested school. The Principal/designee will notify the parent/legal guardian where to file any appeal, i.e.: with the Principal of the school denying enrollment, or the Principal of the school for the parents' primary residence (as determined by the homestead location or other factors), or the Superintendent's designee.

   2. When the student is already enrolled in the school and it is determined that there is a discrepancy in address documentation on file (via returned mail, anonymous tips that have been researched, random checks, investigation, or discrepancies in public records such as the Property Appraiser's Records and/or Voter Registration records, or by other reasonable means), at the discretion of the Superintendent/Principal or the Superintendent's/Principal's designee (based on sufficient resources), the parent/legal guardian shall be required to provide sufficient documentation within 10 calendar days to the Principal/designee to validate primary residence of the student, as outlined within Section 2(b) of this Policy, including if the person is acting as a parent. The Principal/designee may extend the time upon request based on good cause.

      1. If, after the parent's/legal guardian's/emancipated student's 10-day opportunity to provide further information, the school Principal/designee determines that insufficient documentation exists to prove that the student resides within the school attendance boundary or that the person is acting as a parent, the Principal/designee will so notify the parent/legal guardian/emancipated student/person acting as a parent and provide information on the right to appeal and the types of documentation required (included herein).

      2. If, after additional documentation and an appeal, if filed, pursuant to Section 8 below, the student enrollment is determined to be improper, the student will be withdrawn and reassigned to the appropriate school at the end of the marking period, during the summer break, or sooner if the parent/legal guardian/emancipated student agrees.

      3. If no appeal is filed, the student will be withdrawn at the end of the marking period.

      4. However, during the appeal process set forth below, the student: a) if already enrolled, will remain in his or her current school, or b) if denied enrollment in the requested school, will be registered to attend the school the District determined is the appropriate school.

9. Appeal

   1. If the parent/legal guardian/emancipated student believes that the Principal/designee's determination has been made in error, the parent/legal guardian/emancipated student shall have 10 calendar days from the date on the letter notifying them of their child's withdrawal from the current school to file an appeal. The appeal shall be filed in writing with any relevant additional documentation to the Principal/designee or the Superintendent's designee and date stamped received.

   2. After a written request for an appeal is received from a parent/legal guardian/emancipated student, the Superintendent's designee will review the enrollment documentation provided on behalf of the student as well as information provided by the school and District and may seek other information through further investigation. Historical and current documentation from all of the columns in the table within Section 2(b) above must be provided by the parent/legal guardian/emancipated student. Exceptions allowed are in Sections 2(c), 6(d), 4 and 5 above. The Superintendent's designee shall review the documentation and information available, as well as the following:

      1. unique and temporary circumstances such as temporary housing arrangements;

      2. fire or other severe damage to a primary residence; or

      3. other unique hardship circumstances which are not self-imposed.

   3. The Superintendent's designee will send a written notification to the parent/legal guardian/emancipated student of the time, date, and location of the appeal meeting and advise the parent/legal guardian/emancipated student of the meeting procedures stated within Section 8 (d) below.

   4. If the persons appealing on behalf of the student appear at the appeal meeting, they shall be given 10 minutes in total (although the Superintendent's designee may agree to extend the time) to present the basis of their appeal, their argument and any additional information. At the conclusion of presentation, the Superintendent's designee and any other District staff present will have an opportunity to ask questions and receive answers. The school and District staff and/or agents may then have 10 minutes (although the Superintendent's designee may agree to extend the time) to make their presentation and any additional information, followed by any questions from the Superintendent's designee. The Superintendent's designee will thereafter reach his/her final decision as soon as practicable.

   5. Within ten (10) calendar days from the date of the Superintendent's designee decision, the area superintendent, parent/legal guardian/emancipated student, and principals of the current and, if applicable, future schools will be sent written notification of the decision.

   6. The decision of the Principal/designee (if there is no appeal) or the Superintendent's designee (if there is an appeal) will be binding and remain the District's decision absent a change of circumstances concerning the residence of the child as established by evidence, unless an administrative hearing is required by law for cases where primary residence is determined to be outside of Palm Beach County.