Current through Register Vol. 35, No. 18, September 24, 2024
A. "Applicable
program" means any of the following Elementary and Secondary Education Act (
20
U.S.C. 2701 et. seq.) programs:
(1) Part A of Title I (Improving Basic
Programs Operated by Local Educational Agencies);
(2) Part B of Title I (Student Reading Skills
Improvement Grants);
(3) Part C of
Title I (Education of Migratory Children);
(4) Part D of Title I (Prevention and
Intervention Programs for Children and Youth Who are Neglected, Delinquent, or
At-Risk);
(5) Title II (Preparing,
Training, and Recruiting High Quality Teachers and Principals);
(6) Language Instruction for Limited English
Proficient and Immigrant Students;
(7) Title IV (21st Century Schools (other
than Subpart 2 of Part A, National Programs);
(8) Title V (Promoting Informed Parental
Choice and Innovative Programs) (other than Subpart 8 and Subpart 12);
and
(9) Part A of Title VII
(Indian, Native Hawaiian, and Alaska Native Education).
B. "Covered program" means a federal program
not defined as an applicable program for which the state educational agency is
required to provide a complaint procedure and for which a complaint procedure
is not otherwise provided by public education department rule.
C. "Department" means the public education
department.
D. "Homeless children
and youth" means individuals who lack a fixed, regular, and adequate nighttime
residence, which includes:
(1) children and
youth who are sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; are living in motels, hotels, trailer
parks, or camping grounds due to the lack of alternative adequate
accommodations; are living in emergency or transitional shelters; are abandoned
in hospitals; or are awaiting foster care placement;
(2) children and youth who have a primary
nighttime residence that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human beings;
(3) children and youth who are living in
cars, parks, public spaces, abandoned buildings, substandard housing, bus or
train stations, or similar settings; and
(4) migratory children (as such term is
defined in Section 1309 of the Elementary and Secondary Education Act of 1965)
who qualify as homeless for the purposes of this subtitle because the children
are living in circumstances described in Paragraphs (1) through (3) of this
subsection.
E. "School
of origin" means the school that the child or youth attended when permanently
housed or the school in which the child or youth was last enrolled.
F. "LEA" means local education
agency.
G. "Title IX" means Title
IX of the Education Amendments of 1972, codified as 20 US Code Sections 1681 et
seq, which provides in part that, no person in the United States shall, on the
basis of sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any education program or activity
receiving federal financial assistance.
