Current through Bulletin 2024-06, March 15, 2024
(1) Under the
McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as
amended,
42 U.S.C.
11431 through
11435,
homeless children are entitled to immediate enrollment and full participation
even if they are unable to produce records which may include medical records,
birth certificates, school records, or proof of residency normally required for
enrollment.
(2) A homeless child or
homeless youth shall:
(a) be immediately
enrolled even if the homeless youth does not have documentation required under
Sections
53G-9-402,
302, 303, 304 and Title 53G, Chapter 6, Part 3, District of
Residency;
(b) be allowed to
continue to attend his school of origin, to the extent feasible, unless it is
against the parent's wishes;
(c) be
permitted to remain in the student's school of origin for the duration of the
homelessness and until the end of any academic year in which the student moves
into permanent housing; or
(d)
transfer to the school district of residence for a homeless child or youth or
charter school if space is available as defined under Subsection
R277-616-1(5);
and
(e) have all fees waived as
described in Section
R277-407-5
and in accordance with McKinney-Vento Homeless Assistance Act of 1987, Title
VII, Subtitle B, as amended,
42 U.S.C.
11431(1).
(3) A determination of a residence or
domicile for a homeless youth or emancipated minor may include consideration of
the following criteria:
(a) the place,
however temporary, where the child actually sleeps;
(b) the place where an emancipated minor or
an unaccompanied youth or accompanied youth's family keeps the family's
belongings;
(c) the place which an
emancipated minor or an unaccompanied youth or accompanied youth's parent
considers to be home; or
(d) such
recommendations concerning a child's domicile as made by the State Department
of Human Services.
(4)
Determination of a residence or domicile for a homeless youth or emancipated
minor may not be based upon:
(a) rent or
lease receipts for an apartment or home;
(b) the existence or absence of a permanent
address; or
(c) a required length
of residence in a given location. (5) If there is a dispute as to the residence
or the status of an emancipated minor or an unaccompanied youth, the issue may
be referred to the Superintendent for resolution.
(6) The purpose of federal homeless education
legislation is to ensure that a child's education is not needlessly disrupted
because of homelessness.
(7) If a
child's residence or eligibility is in question, the child shall be admitted to
school until the issue is resolved.
