Enrollment Policy and Practice Frequently Asked Questions

What constitutes proof of residency?

A charter school must specify the reasonable evidence and documentation of residency in its enrollment policy, as approved by the Department. Because the enrollment preferences for applicants and funding are based upon the actual residence of students, charter schools may request reasonable information documenting the residency of both the applicant and the parent or guardian. Charter schools, however, must be flexible regarding what information they will accept as documentation. Charter schools may set reasonable requirements for documentation (e.g., utility bills, signed leases, etc.) in their enrollment policy. Schools may not require proof of residency for students who can be identified as "homeless" under the McKinney-Vento Act. See Q&A No. 3 for additional information about residential preference and students who are homeless.

In their enrollment policies, for purposes of enrollment preferences, a charter school may establish a presumption that an applicant student resides in the school district in which s/he and his/her siblings attend public school. Such a provision must specify that the applicant student may rebut this presumption through evidence indicating that they reside in a school district that is different from the one in which they attend school. Evidence submitted may include, but is not limited to, admission to the attending district through school choice, G.L. c. 76, § 12B; through an agreement between school committees; or through provisions of a collective bargaining agreement.

In their enrollment policies, for purposes of enrollment preferences, a charter school may also state that an applicant must "actually reside" in the city or town indicated on their application. "Actual residence" may be determined by looking at physical presence in the city or town with an intent to remain in the city or town and make it the applicant's home, "the center of [the applicant's] domestic, social and civil life." See Lydia D. v. Payzant, No. 03-5847-E, 2003 Mass. Super. LEXIS 471, at *6-7 (Mass. Super. Ct. Dec. 30, 2003) (addressing exclusion of students from Boston Latin School based upon residency). If the student lives in two separate residences because his or her parents share physical custody, the student may choose either location as their residence for purposes of attendance at the charter school. Factors that might be considered in determining "actual residence" might include where the applicant sleeps, where the applicant participates in other activities outside of school, where the applicant attends school, and whether the applicant intends to remain in the city or town and make it his or her home. Schools should consider consulting with legal counsel in making such determinations.

Example: a student actually resides in Quincy, but the student's parents rent an apartment in Boston for the purposes of establishing "residency" when applying to a charter school. If articulated in the charter school's enrollment policy and if the charter school determines that the student does not actually reside at the Boston rental address, then the school may not provide residential preference before the lottery takes place, or may rescind an offer of admission, may unenroll a student, or may terminate the enrollment of a currently attending student. See Q&A No. 18, for information regarding rescinding an offer of admission, unenrolling a student, or terminating the enrollment of a currently attending student.