North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-08 - Homeless Children Education
Chapter 67-08-01 - Homeless Children Education
Section 67-08-01-03 - Responsibility
Current through Supplement No. 394, October, 2024
Each district in North Dakota shall:
1. Locate and identify children and youth experiencing homelessness within the district, whether or not they are enrolled;
2. Post notice of rights, that provides information regarding the educational rights of children and youth experiencing homelessness, in all school buildings as well as other locations in the district where services or assistance is provided to those experiencing homelessness.
3. Examine and revise, if necessary, existing school policies or rules that create barriers to the enrollment of children or youth experiencing homelessness. Examination and revision include identifying and removing barriers that prevent such children and youth from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with state, local, and school policies. Examination and revision also include ensuring homeless children and youth who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the state and local levels. School districts are encouraged to cooperate with agencies and organizations for the homeless to explore comprehensive, equivalent alternative educational programs and support services for children and youth experiencing homelessness to implement the intent of these rules.
4. Enact a policy prohibiting the segregation of children and youth experiencing homelessness from other students enrolled in the public school district.
5. Immediately enroll a child or youth experiencing homelessness, pending resolution of any dispute regarding in which school the child or youth shall be enrolled.
6. Determine school placement based on the best interests of a child or youth experiencing homelessness. Each district, to the extent feasible, shall keep a child or youth who is experiencing homelessness in the school of origin, except when doing so is contrary to the wishes of the child's or youth's parents or guardian. If the child or youth becomes permanently housed during an academic year, enrollment must continue in the school of origin for the remainder of that academic year unless the parents agree otherwise.
7. Designate an appropriate staff person as local homeless liaison who is able and has been trained to carry out the following duties:
General Authority: NDCC 15.1-19-08, 28-32-02.
Law Implemented: NDCC 15.1-19-08; 42 USC 9831, et seq., 20 USC 1431, et seq., 20 USC 1087vv, 20 U.S.C. 1090, P.L. 114-95, 42 USC 11432(g)(3)(E)