Rulemaking on residency fraud: Comment now!

[Anonymous]

Anonymous wrote:http://dcps.dc.gov/sites/default/files/dc/sites/dcps/publication/attachments/Residency%20Verification%20Requirements%202015.pdf

This thread is about the new proposed Rulemaking. Link in OP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:http://dcps.dc.gov/sites/default/files/dc/sites/dcps/publication/attachments/Residency%20Verification%20Requirements%202015.pdf

This thread is about the new proposed Rulemaking. Link in OP.

People were confused about current status.

To me it doesn't appear that the proposed rule changes the documents Rather it allows dept of taxation and osse to share data if a parent agrees - thus saving the current registration paperwork hassle.

Also institutes more auditing of PK3 and PK4 enrollment paperwork (auditors to look at 20% of students paperwork unlike the current 10%).

[Anonymous]

Anonymous wrote:So, does this close the loopholes:

5001.5 The District of Columbia is the bona fide residence of the student’s parents, guardian, custodian, primary caregiver, or adult student for the purposes of this Chapter, if the person seeking to enroll the student has established both a:
(a) Physical presence in the District of Columbia; and
(b) Legal presence in the District of Columbia.

The next section clarifies the joint custody type situations.

It doesn't seem to address people with multiple residences.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure how the proof of residency can be reasonably tweaked. Pay stubs and utility bills + a DC license are on the list of acceptable documentation.

Can't the rule specify that that pay stub or utility bill must include the address of the residence? That's what I had to provide for my driver's license renewal. So I could not use my cell phone bill but I could use my gas bill.

My federal government agency does not provide your residence address on your pay stub. It does however show DC taxes taken out, but w/o an address how do you prove your IB status?

Residency and IB status are too distinct things. Under current law, it's not at all clear if falsifying your IB status is even illegal, if you are a DC resident.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So, does this close the loopholes:

5001.5 The District of Columbia is the bona fide residence of the student’s parents, guardian, custodian, primary caregiver, or adult student for the purposes of this Chapter, if the person seeking to enroll the student has established both a:
(a) Physical presence in the District of Columbia; and
(b) Legal presence in the District of Columbia.

The next section clarifies the joint custody type situations.

It doesn't seem to address people with multiple residences.

Actually, the way I read it is that it is much looser than most places. You can claim residency if you have joint custody even if you don't have legal custody etc. It sounds like they don't really care where the kid puts his head down at night so long as one parent lives in DC.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure how the proof of residency can be reasonably tweaked. Pay stubs and utility bills + a DC license are on the list of acceptable documentation.

Can't the rule specify that that pay stub or utility bill must include the address of the residence? That's what I had to provide for my driver's license renewal. So I could not use my cell phone bill but I could use my gas bill.

My federal government agency does not provide your residence address on your pay stub. It does however show DC taxes taken out, but w/o an address how do you prove your IB status?

Residency and IB status are too distinct things. Under current law, it's not at all clear if falsifying your IB status is even illegal, if you are a DC resident.

This was actually something I was hoping would be clarified. Does the NPRM address falsifying IB status as well?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm not sure how the proof of residency can be reasonably tweaked. Pay stubs and utility bills + a DC license are on the list of acceptable documentation.

Can't the rule specify that that pay stub or utility bill must include the address of the residence? That's what I had to provide for my driver's license renewal. So I could not use my cell phone bill but I could use my gas bill.

My federal government agency does not provide your residence address on your pay stub. It does however show DC taxes taken out, but w/o an address how do you prove your IB status?

Residency and IB status are too distinct things. Under current law, it's not at all clear if falsifying your IB status is even illegal, if you are a DC resident.

This was actually something I was hoping would be clarified. Does the NPRM address falsifying IB status as well?

No- this didn't address it at all. Though once this is on the books, I imagine the same rules could be easily applied to IB.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So, does this close the loopholes:

5001.5 The District of Columbia is the bona fide residence of the student’s parents, guardian, custodian, primary caregiver, or adult student for the purposes of this Chapter, if the person seeking to enroll the student has established both a:
(a) Physical presence in the District of Columbia; and
(b) Legal presence in the District of Columbia.

The next section clarifies the joint custody type situations.

It doesn't seem to address people with multiple residences.

Sort of. "Reside or resident – To establish both a physical presence and legal presence as defined in this chapter." So, you must have both:

"Legal presence – The jurisdiction of taxing authorities and the locality where a person seeking to enroll a student may exercise the privilege of voting and other legal rights and privileges."

AND

"Physical presence – The actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time."

This include the child's physical presence, because the child must 'reside" with the person enrolling the child, absent one of the exceptions like homelessness, ward of the state, joint custody exceptions.

Problems:

"jurisdiction of taxing authorities" -- which ones? Sales tax? Property tax? Income tax? Any of the above? This captures everyone who shops in DC, no?

"may exercise the privilege of voting and other legal rights and privileges" - never mind to too broad to be meaningful "other legal rights and privileges," but the voting requirement ends up being circular, because to have the right to vote in DC, you must .... reside in DC. Proof for voting? "Valid proof of residence is either a copy of a current and valid government photo identification, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter."

"actual occupation" -- for how much time? Can you have a rent paying "roommate"?

"intent to dwell for a continuous period of time" -- intent. Sigh.

So, the drafter probably thought this could only mean that your residence is where you go home from work to sleep every night, but ....


But, maybe they should require the Voter ID as proof of residency. That would make cheaters commit a felony or give up their representation to enroll in DC schools.

[Anonymous]

Anonymous wrote:DCPS and OSSE should put DMV in charge of school registration. Anyone tried recently to get a DC drivers license? They want a gazillion documents.

+1. Lol, absolute nightmare.

[Anonymous]

Anonymous wrote:DCPS and OSSE should put DMV in charge of school registration. Anyone tried recently to get a DC drivers license? They want a gazillion documents.

+1. Lol, absolute nightmare.

[Anonymous]

Anonymous wrote:

Anonymous wrote:DCPS and OSSE should put DMV in charge of school registration. Anyone tried recently to get a DC drivers license? They want a gazillion documents.

+1. Lol, absolute nightmare.

No joke. It's because of the REAL ID act or whatever. So so so many documents. When I went to get my license the lady was actually surprised I had all my paperwork in order.

[Anonymous]

Are people - like 18:45 - weighing in on the proposed rule via the email or just here?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So, does this close the loopholes:

5001.5 The District of Columbia is the bona fide residence of the student’s parents, guardian, custodian, primary caregiver, or adult student for the purposes of this Chapter, if the person seeking to enroll the student has established both a:
(a) Physical presence in the District of Columbia; and
(b) Legal presence in the District of Columbia.

The next section clarifies the joint custody type situations.

It doesn't seem to address people with multiple residences.

Sort of. "Reside or resident – To establish both a physical presence and legal presence as defined in this chapter." So, you must have both:

"Legal presence – The jurisdiction of taxing authorities and the locality where a person seeking to enroll a student may exercise the privilege of voting and other legal rights and privileges."

AND

"Physical presence – The actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time."

This include the child's physical presence, because the child must 'reside" with the person enrolling the child, absent one of the exceptions like homelessness, ward of the state, joint custody exceptions.

Problems:

"jurisdiction of taxing authorities" -- which ones? Sales tax? Property tax? Income tax? Any of the above? This captures everyone who shops in DC, no?

"may exercise the privilege of voting and other legal rights and privileges" - never mind to too broad to be meaningful "other legal rights and privileges," but the voting requirement ends up being circular, because to have the right to vote in DC, you must .... reside in DC. Proof for voting? "Valid proof of residence is either a copy of a current and valid government photo identification, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter."

"actual occupation" -- for how much time? Can you have a rent paying "roommate"?

"intent to dwell for a continuous period of time" -- intent. Sigh.

So, the drafter probably thought this could only mean that your residence is where you go home from work to sleep every night, but ....


But, maybe they should require the Voter ID as proof of residency. That would make cheaters commit a felony or give up their representation to enroll in DC schools.

I'd prefer to see words like "primary residence" or "principal residence." It just seems like there's too much wiggle room for people who split their time at several places.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Ok, I read through their attachment and it doesn't seem to improve anything.

1) There doesn't seem to be any added incentive for schools to catch cheaters - and no punitive measures taken if they don't.

2) The proof of residency verification is still WAY too light. There should be a requirement of a utility bill and a pay stub and, frankly, a DC license.

Okay, can agree with the utility bill and even other requirements. You are not getting an address on a pay stub from a federal government worker and many private companies. I drive and have a license, but do you have any idea how many people in this city refuse or do not know how to drive, and thus do not own a DL? And with Uber and the red bicycles everywhere, yuck, that number is only growing.

They should require a DC DL or a DC ID card (issued by the DC government). Parents should be required to produce one or the other as proof of residency. In addition to the DL or ID, parents should be required to produce 2 utility bills.

I'm sure there are quite a lot of parents in D.C. schools who have neither a driver's license or another District-issued ID card (as well as some who have no way of obtaining them, as they aren't legal residents of the country). How do you plan to avoid imposing unfair burdens on them? And what about parents whose utilities are entirely paid by their landlords? They don't have any bills to show, much less two.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Ok, I read through their attachment and it doesn't seem to improve anything.

1) There doesn't seem to be any added incentive for schools to catch cheaters - and no punitive measures taken if they don't.

2) The proof of residency verification is still WAY too light. There should be a requirement of a utility bill and a pay stub and, frankly, a DC license.

Okay, can agree with the utility bill and even other requirements. You are not getting an address on a pay stub from a federal government worker and many private companies. I drive and have a license, but do you have any idea how many people in this city refuse or do not know how to drive, and thus do not own a DL? And with Uber and the red bicycles everywhere, yuck, that number is only growing.

They should require a DC DL or a DC ID card (issued by the DC government). Parents should be required to produce one or the other as proof of residency. In addition to the DL or ID, parents should be required to produce 2 utility bills.

I'm sure there are quite a lot of parents in D.C. schools who have neither a driver's license or another District-issued ID card (as well as some who have no way of obtaining them, as they aren't legal residents of the country). How do you plan to avoid imposing unfair burdens on them? And what about parents whose utilities are entirely paid by their landlords? They don't have any bills to show, much less two.

That's why there is Option 3 on the residency verification form -- a home visit.