Delaware Administrative Code
Title 14 - Education
900 - Special Populations
901 - Dispute Resolution Process for Educational Placement for Children and Youth Experiencing Homelessness
Section 901-2.0 - Definitions
The following words and terms, when used in this regulation, shall have the following meaning:
"Charter school" means a public school that is operated under a charter granted by, or transferred to, the Department or other authorizing body pursuant to 14 Del.C. Ch. 5.
"Department" means the Delaware Department of Education.
"Guardian" means a non-parent legally appointed by the court with the powers, rights, and duties which are necessary to protect, manage, and care for a child.
"Homeless children and youths" as defined by the provisions of the 42 U.S.C. § 11434a(2), means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of 42 U.S.C. § 11302(a)(1)); and includes:
| * | Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; or are living in emergency or transitional shelters; or are abandoned in hospitals; |
| * | Children and youths who have a primary nighttime residence that is a private or public place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of 42 U.S.C. § 11302(a)(2)(C)); |
| * | Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and Migratory children (as such term is defined in 20 U.S.C. § 6399) who qualify as homeless because the children are living in circumstances described above. |
"Inter-Local Education Agency" or "inter-LEA" means between local education agencies.
"LEA homeless liaison" means the local educational agency's liaison for homeless children and youths designated under 42 U.S.C. § 11432(g)(1)(J)(ii).
"Local Education Agency" or "LEA" means a reorganized traditional school district, vocational-technical school district, or charter school, legally constituted and established under Delaware law for either administrative control or direction of public elementary or secondary schools.
"Relative caregiver" means an adult who by blood, marriage or adoption is the child's great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the child.
"School district" means a reorganized school district or vocational-technical school district or both.
"School of origin" means the specific public school building that the student attended when permanently housed, the public school in which the student was last enrolled before becoming homeless or the next receiving public school the student would attend for all feeder schools.
"School of residence" means the specific public school building that the student would attend based on where the student is currently residing.
"Secretary" means the Delaware Secretary of Education.
"State coordinator" means the Delaware coordinator for the education of homeless children and youths designated under 42 U.S.C. § 11432(d)(3).
"Unaccompanied youth" means a homeless child or youth not in the physical custody of a parent or guardian.
