2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 3 - Residency Requirement and Nonresident Tuition › § 38–309. Documentation to be submitted at the attending school in order to establish residency

§ 38–309. Documentation to be submitted at the attending school in order to establish residency.
(a) Documentation satisfactory to establish District residency for local school verification and certification must be delivered to the school principal or to his or her employee designee either by the person seeking to enroll the student or by that person’s appointed representative.
(b) One of the following items shall establish District residency for the purposes of this chapter:
(1) 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;
(2) A pay stub issued less than 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;
(3) 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;
(4) 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;
(5) Current official military housing orders showing residency in the District of the person seeking to enroll the student; or
(6) A currently valid court order indicating that the student is a ward of the District.
(c) Providing 2 of the following items shall also suffice as proof of residency in the District:
(1) A current motor vehicle registration in the name of the person seeking to enroll the student and evidencing District residency;
(2) 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 2 months immediately preceding consideration of residency) for payment of rent on a District residence in which the student actually resides;
(3) 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
(4) Utility bills (excluding telephone bills) and paid receipts or cancelled checks (from a period within the 2 months immediately preceding consideration of residency) in the name of the person seeking to enroll the student that show a District residence address.
(d) If the person seeking to enroll the student is unable to produce documents complying with this section, the principal, or the principal’s designated employee, at his or her option and with the agreement of the person seeking to enroll the student, may conduct a home visit to determine residency. Use of the home visit as a residency verification measure requires a sworn affidavit by the principal of the school or the principal’s designee attesting that residency of the student was confirmed by a home visit, by the principal or the principal’s designee, made within 45 days of enrollment. A residency verification home visit form must be completed by the principal or the principal’s designee. Residency verification home visit forms shall be issued by the State Education Office, and shall be available at all DCPS Schools, public charter schools, the DCPS student residency office, the District Board of Education’s Public Charter School Office, the Public Charter School Board, and the State Education Office.
(e) If the person seeking to enroll the student cannot establish residency pursuant to this subsection then the principal or the principal’s designee attempting to verify residency shall refer the person to the DCPS student residency office or the appropriate chartering authorities, and procedures established by them pursuant to § 38-311 shall be followed.
(Sept. 8, 1960, 74 Stat. 854, Pub. L. 86-725, § 12; as added Dec. 7, 2004, D.C. Law 15-205, § 4012(c), 51 DCR 8441.)
Section References
This section is referenced in § 38-308, § 38-310, and § 38-311.
Emergency Legislation
For temporary (90 day) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) addition, see § 4012(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).