INTRODUCTION
Local educational agencies are required to provide all children who reside within the school district with equal access to public education at the elementary and secondary level. The U.S. Supreme Court held in Plyer v. Doe, 457 U.S. 202 (1982), that the undocumented or non-citizen status of a student (or his or her parent/guardian) is irrelevant to that student’s entitlement to an elementary and secondary public education. However, pursuant to A.R.S. § 15-823, a school district or charter school may not include non-Arizona-resident pupils in their student count and may not obtain state aid for those pupils.
In Arizona, the “district of residence” of a student is determined by the residency of the parent or guardian with whom the student lives. In some cases, the district of residence may also be determined by the residency of a relative who is seeking legal guardianship or custody of a student. A.R.S. § 15-821(D). In addition, if a school district governing board determines that a student’s “physical, mental, moral or emotional health is best served by placement with a grandparent, brother, sister, stepbrother, stepsister, aunt or uncle who is a resident within the school district,” and the placement with that relative is not “solely for the purpose of obtaining an education in this state without payment of tuition,” the student is considered a resident of the district. A.R.S. § 15-823(C).1
Accordingly, it is the responsibility of the school districts and charter schools that receive state aid to ensure that student/parent residency information is accurate and verifiable. While a district may restrict attendance to district residents based on available classroom space,2 inquiring into students’ citizenship or immigration status, or that of their parents or guardians, is not relevant to establishing residency within the district. A school district or charter school may not bar a student from enrolling because he or she lacks a birth certificate or has records indicating a foreign place of birth, such as a foreign birth certificate.3
The Arizona Department of Education may audit schools to ensure that only Arizona resident students are reported for state aid. Any school district or charter school that cannot demonstrate the accuracy of any student’s residency through documents provided by the parent/guardian may be required to repay the state aid received for that student. The following are examples of verifiable documentation parents may provide to demonstrate that they reside in a district.
VERIFIABLE DOCUMENTATION
A.R.S. § 15-802(B) requires school districts and charter schools to obtain and maintain verifiable documentation of Arizona residency upon enrollment in an Arizona public school. This document is designed to assist school districts and charter schools in meeting the legal requirements of the statute.
The documentation required by A.R.S. § 15-802 must be provided at initial enrollment of a student in a school district or charter school in this state and reaffirmed, although not necessarily recollected, during the
1 See also Martinez v. Bynum, 461 U.S. 321 (1983).
2 Pursuant to A.R.S. § 15-816 and A.R.S. § 15-816.01, Arizona’s mandatory open enrollment policies allow a student to apply for admission and transfer to any public school of his or her choice, based on available classroom space, even if it is outside of the student’s district of residence. There are two basic types of open enrollment policies: 1) Intra-district: Students transfer to another school within the resident school district, or 2) Inter-district: Students transfer to a school outside of their resident district.
3 For more information, please read https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405.pdf.
district or charter’s annual registration process. This process will vary by the school, school district, or charter school (i.e. an annual form asking parents to confirm address).
Every school district or charter school is required,4 within 30 days of enrollment, to obtain a certified copy of a pupil’s birth certificate or other reliable proof of the pupil’s identity and age,5 or a letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law. A school district or charter school MAY seek photo identification from the person enrolling a student to ensure that the adult is entitled to enroll the student in school, as long such a requirement does NOT unlawfully bar a student from enrolling in school.6
In case of an ADE Audit, the school, school district or charter school will be asked what process is used and what documentation is obtained via this process. If the student’s residence has not changed, an affirmation (via a checkbox) that the previously provided proof of residency remains accurate should be sufficient. The documentation supporting Arizona residency should be maintained according to the school’s records retention schedule.
For members of the armed services, a school may enroll a student if the parent provides a hard-copy or electronic document of their transfer or pending transfer to a military installation within the state. The parent must provide official documentation of residency within ten days after the arrival date which may include a temporary on-base billeting facility as their address. PROOF OF RESIDENCY IS NOT REQUIRED FOR HOMELESS STUDENTS.7 42 U.S.C.§ 11 432(g)(3)(C)(i).
In general, students will fall into one of two groups: (1) those whose parent or legal guardian is able to provide documentation bearing his or her name and address; and (2) those whose parent or legal guardian cannot document his or her own residence because of extenuating circumstances including, but not limited to, that the family’s household is multi-generational. Different documentation is required for each circumstance.
1. Parent(s) or legal guardian(s) that maintains his or her own residence: The parent or legal guardian must complete and sign a form indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and provide one of the following documents, which bear the parent or legal guardian’s full name and residential address or physical description of the property where the student resides (no P.O. Boxes):
• Valid Arizona driver’s license, Arizona identification card
• Valid Arizona motor vehicle registration
• Valid Arizona Address Confidentiality Program authorization card
• Property deed/Mortgage documents
• Property tax bill
• Rental agreement or lease (including Section 8 agreement or off-base military housing)
• Utility bill (water, electric, gas, cable, phone)
• Bank or credit card statement
• W-2 wage statement
• Payroll stub
4 A.R.S. §15-828.
5 Other proof of the pupil’s identity/age includes: pupil’s baptismal certificate, an application for social security number or original school registration records and an affidavit explaining inability to provide a copy of the birth certificate, A.R.S. § 15-828 (A)(1)-(3). 6 For more information, please read U.S. DOJ Civil Rights Division “Fact Sheet: Information on the Rights of All Children to Enroll in School”, https://www.justice.gov/sites/default/files/crt/legacy/2014/05/08/plylerfact.pdf.
7 Per A.R.S. §15-824 (C), "Homeless student" means a pupil who has a primary residence that is: (1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; (2) An institution that provides a temporary residence for individuals intended to be institutionalize or; (3) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
• Certificate of tribal enrollment (506 Form) or other identification issued by a recognized Indian tribe located in Arizona
• Other documentation from a state, tribal, or federal agency (Social Security Administration, Veterans’ Administration, Arizona Department of Economic Security, etc.)
• Temporary on-base billeting facility (for military families)
* A model Arizona Residency Documentation Form is available for schools at the end of this document.
2. Parent(s) or legal guardian(s) that does not maintain his or her own residence: The parent or legal guardian must have an affidavit of shared residency form completed indicating his or her name, the name of the school district, school site, or charter school in which the student is being enrolled, and submit a signed, notarized affidavit for the person who maintains the residence where the student lives attesting to the fact that the student resides at that address, along with a document from the bulleted list bearing the name and address of the person who maintains the residence.
* A model Affidavit of Shared Residence form is available for schools at the end of this document.
USE OF AND RETENTION OF DOCUMENTS BY SCHOOLS
School officials must retain a copy of the attestations or affidavits and copies of any supporting documentation presented for each student (photocopies acceptable) that school officials believe establish validity. Documents presented may be different in each circumstance, and unique to the living situation of the student. Documents retained by the school district or charter school may be used as an indication of residency; however, documentation is subject to audit by the Department.
Personally identifiable information other than name and address (SSN, account numbers, etc.) should be redacted from the documentation either by the parent/guardian or the school official prior to filing. MOST INFORMATION PROVIDED BY PARENTS AND GUARDIANS TO ARIZONA PUBLIC SCHOOLS IS AN EDUCATIONAL RECORD MADE CONFIDENTIAL UNDER THE FEDERAL EDUCATIONAL RIGHTS AND PRIVACY ACT AND ARIZONA LAW UNLESS DESIGNATED BY THE SCHOOL AS DIRECTORY INFORMATION. A PARENT OR GUARDIAN MAY OPT OUT OF DIRECTORY INFORMATION IN ACCORDANCE WITH DISTRICT POLICY. OTHERWISE, EDUCATIONAL RECORDS ARE ONLY USED FOR LEGITIMATE EDUCATIONAL PURPOSES.