Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 05 - SPECIAL INSTRUCTIONAL PROGRAMS
Chapter 13A.05.09 - Programs for Homeless Children
Section 13A.05.09.04 - School Placement

Universal Citation: MD Code Reg 13A.05.09.04

Current through Register Vol. 51, No. 19, September 20, 2024

A. The local educational agency serving each child or youth shall, according to the child's or youth's best interest, establish a procedure to:

(1) Continue the child's or youth's education in the school of origin for the duration of homelessness:
(a) In any case in which a family becomes homeless between academic years or during an academic year; or

(b) For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or

(2) Enroll the child or youth in any public school that nonhomeless students living in the attendance area in which the child or youth is living are eligible to attend.

B. In determining the best interest of the child or youth under §A of this regulation, the local school system shall:

(1) To the extent feasible, keep a homeless child or youth in the school of origin, unless contrary to the wishes of the child's or youth's parent or guardian;

(2) In determining best interest consider the following factors:
(a) The student's age;

(b) The school which the student's siblings attend;

(c) The student's experiences at the school of origin;

(d) The student's academic needs;

(e) The student's emotional needs;

(f) Any other special needs of the family;

(g) Continuity of instruction;

(h) Length of stay in the shelter;

(i) The likely location of the family's future permanent housing;

(j) Time remaining in the school year;

(k) Distance of commute and the impact it may have on the student's education and other student-centered, transportation-related factors; and

(l) The safety of the child;

(3) Provide a written explanation to the homeless child's or youth's parent or guardian, including a statement regarding the right to appeal pursuant to Regulation .07 of this chapter if the local school system sends the child or youth to a school other than the school of origin or a school requested by the parent or guardian; and

(4) In the case of an unaccompanied youth, ensure that the local school system homeless coordinator:
(a) Assists in placement or enrollment decisions;

(b) Considers the views of the unaccompanied youth; and

(c) Provides notice to the youth of the right to appeal pursuant to Regulation .07 of this chapter.

C. The homeless student shall remain in the school determined to be in the student's best interest for as long as the student remains homeless, or if the student becomes permanently housed, until the end of the academic year.

D. Homeless students living separately from their parent shall be offered the same school choice options as other homeless students are offered.

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