Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 30 - Student Supports
Part 5 - State Regulations Education of Homeless Children and Youth
Section 200-RICR-20-30-5.3 - Stay-put Placement
Current through September 18, 2024
A. Stay-put Placement. If a student becomes homeless during an academic year, or between academic years, the student's School of Origin must-taking into account the best interests of the student-"to the extent feasible, keep the student in the School of Origin, except when doing so is contrary to the wishes of the student's parent or guardian," as per the McKinney-Vento Act, 42 U.S.C. § 11432g(3)(B). The student may stay in his or her School of Origin "for the remainder of the academic year, even if the student becomes permanently housed during an academic year," as per 42 U.S.C. § 11432g(3)(A)(i)(II).
B. Duration of Stay-put Placement and Parental Best Interest Determination. A Homeless Student has the right, as long as it is in his or her best interest, to remain enrolled in his or her School of Origin until he or she has permanent housing somewhere, as per 42 U.S.C. § 11432g(3)(A). Rhode Island allows the parents of a Homeless Child to decide, subject to school district challenge, whether it is in the best interest of the student to attend school in the town where the student is now living, or to attend the student's School of Origin.
C. Disputed Best Interest Determination. If a school district disputes a parent's best interest determination, the dispute may be appealed to the commissioner.
D. Factors Used in Making a Best Interest Determination. The following factors are to be considered in making a best interest determination:
E. Burden of Proof. In an appeal, the burden of proof is on the school district to show that the parent's decision is not in the best interest of the child or youth.
F. Interim Protective Orders. The commissioner has authority to issue interim protective orders to ensure that a Homeless Student is allowed to continue to attend school pursuant to R.I. Gen. Laws § 16-39-3.2.
G. General Rights. Homeless Children have the right to receive the same education that other students receive, as per 42 U.S.C. §§ 11432e(3) and (g). If a Homeless Student enrolls in a new school district, the student's records must be forwarded to the new school within ten (10) working days. Each school district must designate an appropriate staff person as the district liaison to coordinate the delivery of education to Homeless Children and Youths, as per 42 U.S.C. 11432g(6), and schools must also cooperate with social service agencies working with Homeless Students. Homeless Students must not be "isolated or stigmatized," as per 42 U.S.C. § 11432g(1)(J)(i).
H. Special Education. In those cases where an individualized education plan has been adopted for a child and the child moves to another town or city, the plan shall remain in effect until a new plan is adopted for the child in the new city or town, as per R.I. Gen Laws § 16-24-1(e). When an unaccompanied Homeless Youth enrolls in a school district, the district shall request the appointment of an Educational Advocate (Surrogate Parent), as per R.I. Gen. Laws § 33-15.1-2 and the federal Individuals with Disabilities Education Act (the "IDEA") at 20 U.S.C. § 1415b(2)(A).
I. School districts must provide Homeless Children and Youths with transportation to and from their School of Origin, at the request of a parent or guardian, as per 42 U.S.C. § 11432g(4)(A).