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Residency Information & Laws

RESIDENCY DECLERATION:

Please read and understand the following:

  1. California Education Code (Section 48200) and District Administrative Regulation 5111.1 require that a student be enrolled in and attend the school that is within the district in which the student's parent(s) or legal guardian(s) reside(s).
     
  2. All students must reside with their legal guardian full time (or legally mandated residency of 50% or more) at the address provided on this On-Line Registation, which is my full-time primary residence.
     
  3. I agree to notify the District if the student, or I, move.  The notification shall take place within 7 days of moving into the new address. 
     
  4. The Fremont Union High School District will actively investigate all cases where it has reason to believe false information has been provided on this statement or to any school/district official. Investigations may include the use of photographs and/or video taken by investigators.
     
  5. I understand that home visitation and/or residency verification is part of a periodic process when residency is established in the Fremont Union High School District.  I also understand that the District employs Residency Officials to verify residency status, which may include home visits and investigations.
     
  6. The District may refer cases in which false information has been provided to the County District Attorney for further action and/or file civil action to recover damages incurred as a result of providing false information.
     
  7. Persons who provide or solicit false information are subject to criminal prosecution for perjury, which is punishable by fine and/or prison (up to 4 years) and may be found civilly liable for fraud, negligent misrepresentation, or negligence. [Civil Code § 1709] [Family Code § 6552; Penal Code § 118 and 126]
     
  8. Investigations that reveal that students have enrolled on the basis of providing false information will lead to immediate withdrawal from the District.

ADDTIONAL INFORMATION AND LEGAL NOTICE:

It is important for parents/guardians to know that the laws of the State of California require parent(s)/guardian(s) be current residents within the boundaries of the public school district they want their children to attend. 

Residency for Public School Districts - California Laws

A student whose parent/guardian currently lives within the Fremont Union High School District (FUHSD) boundaries is qualified to attend FUHSD schools. 

A current resident is defined by California law in Gov Code 244 and Ed Code 48200. In plain language, these laws, along with subsequent case law, state that the public school responsible for a student's education is the one in which the parent/guardian primary residence is located. There can only be one primary residence; families with multiple homes must provide documentation that demonstrates they are actually living in the home. Owning or renting a home within the FUHSD boundaries does not qualify a student to attend school in FUHSD, unless it can be shown that the student is also living (sleeping) full-time in that home.

Parent(s)/guardian(s) must sign, under penalty of perjury, an FUHSD Residency Declaration document as part of the registration step. By California law, parent(s)/guardians(s) must renew this Declaration annually through the Annual Back to School Data Update (BTS).

Additionally, once a student is enrolled in a public school, the student can only remain enrolled if the student resides continually within that district's boundaries (California law: Ed Code 48201). Examples include:

  • If the family moves out of district boundaries for any reason, the student must be dis-enrolled from the FUHSD school and enrolled in the new district of residency.
  • If the family and student move to a different address within district boundaries, parents must complete a Change of Address form within two weeks of moving to a new address.
  • Temporary housing, for any reason including home renovation, must be within district boundaries in order for the student to remain enrolled in FUHSD schools.
Joint Custody Arrangements

Student must physically reside at least 50% of the time, during the regular school year, with at least one parent who resides within the FUHSD boundary. If the other household is located outside of FUHSD, parents must provide custody information as part of the Online Registration. Parents must provide court documents for any special custody circumstances.

Residency Investigations

By California law, FUHSD must annually verify that a student is a current resident, which is achieved when a parent completes the Annual Back to School Data Update (BTS). If a parent fails to complete the BTS, or if there is reason to believe a student's FUHSD residency may be in question, investigations may be conducted by the FUHSD Enrollment Office, allowed under California Law Ed Code 48204.2 and Board Policy 5111.1, to determine authenticity of the home address. When it is determined that a student lives outside the FUHSD boundaries, or that residency documents or declarations have been falsified, the student will be immediately removed from the FUHSD school and the parent/guardian must enroll the student in the district of residence.

Report a Residency Violation

Complete our Suspected Residency Violation Form or contact the FUHSD Enrollment Office (408) 522-2266 for any suspected residency violations. Names will be kept anonymous, and all tips will be treated as confidential.