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Students in Homeless Situations

Type: School Board Policy

Section: 500 STUDENTS

Code: 537

Adopted Date: 8/26/2002

Revised Dates: 1/8/2007, 6/13/2011, 6/25/2018, 5/10/2022, 2/13/2024

Reviewed Dates: 1/8/2007, 6/13/2011, 11/10/2014, 6/25/2018, 4/12/2022, 2/13/2024, 12/17/2024

I. PURPOSE

The purpose of this policy is to define the rights and responsibilities of students in homeless situations. This policy is intended to ensure that the district is in full compliance with the McKinney-Vento Homeless Act.

II. GENERAL STATEMENT

The Moorhead Area Public School Board recognizes that maintaining a school of origin enrollment and a regular, mainstream environment has a positive impact on the academic achievement of students in homeless situations. Therefore, every effort will be made to eliminate, to the extent possible, any barriers that limit equal access to education programs and services or limit the opportunity for students in homeless situations to reach high standards.

A. Definition of Homeless Child and Unaccompanied Youth

Pursuant to McKinney-Vento 42 United States Code 11434a[2] and Education Law 3209 (1)(a), a homeless child is defined as a child who does not have a fixed, regular, and adequate nighttime residence or whose primary nighttime location is in a public or private shelter designated to provide temporary living accommodations, or a place not designed for, or ordinarily used as regular sleeping accommodations for human beings. This definition includes a child who is:

1. Sharing the housing of other persons due to loss of housing, economic hardship, or similar reason (sometimes referred to as double-up);

2. Living in motels, hotels, or camping grounds due to the lack of alternative adequate accommodations;

3. Living in a car, park, public space, abandoned building, substandard housing, bus or train stations, or similar settings;

4. Abandoned in hospitals;

5. A migratory child qualifies as homeless because he or she is living in circumstances described above.

6. An unaccompanied youth is a homeless child for whom no parent or person in parental relation is available.

B. Services

Children and youth in homeless situations will be provided services comparable to those received by other students including transportation to and from their school of origin to the extent possible. The district will designate a liaison for students in homeless situations who will ensure that the rights of homeless students are protected and they have the opportunity to reach the same high academic standards expected of all students.

The Local Education Agency (LEA) Liaison must ensure that preschool-aged children in homeless situations have access to and receive services, if eligible, under LEA administered preschool programs, including Head Start, Part C of the Individuals with Disabilities Education Act (IDEA) (Early Intervention Program for Infants and Toddlers with Disabilities), and other preschool programs administered by the LEA.

The LEA Liaison must ensure that Moorhead District collaborates and coordinates with other service providers, including public and private child welfare and social services agencies; law enforcement agencies; juvenile and family courts; agencies providing mental health services; domestic violence agencies; child care providers; runaway and homeless youth centers; providers of services and programs funded under the Runaway and Homeless Youth Act; and providers of emergency, transitional, and permanent housing, including public housing agencies, shelter operators, and operators of transitional housing facilities.

C. Enrollment

Evidence of immunizations, guardianship, residential status, or other documentation will not be barriers to immediate enrollment of students in homeless situations. Where appropriate, the enrolling school building administrator will refer the parent or guardian to the district homeless liaison for assistance in obtaining appropriate documentation. The district homeless liaison will also assist unaccompanied youth with placement/enrollment choices.

D. Placement

To the extent feasible, students in homeless situations will remain in their school of origin and transportation will be provided. They have the right to stay in their school of origin for the entire time they are homeless, or until the end of any academic year in which they move into permanent housing unless a parent or guardian chooses otherwise.

E. Transportation

1. Homeless/highly mobile students, including unaccompanied youth, must be provided transportation to and from their school of origin at the request of parent/guardian, or by the Homeless Liaison, consistent with district regulations regarding miles from school, routes, and other transportation policies and regulations.

2. When the homeless student’s school of origin is outside the district in which he/she is currently staying, the two districts will apportion the transportation costs.

3. The McKinney-Vento Act also requires that homeless students be provided services comparable to those offered to other students in the school, including transportation (42. United States Code 11432(g)(4) (A)).

Please refer to Administrative Procedure 537.1: McKinney-Vento Homeless Transportation Request.

F. Dispute Resolution Process

Disputes regarding the educational placement of a student in a homeless situation will be expeditiously addressed through a dispute resolution process. Parents or guardians and unaccompanied youth must be informed of the process and in the event of a dispute, the student must be immediately enrolled in the school of choice while the dispute is being resolved through the process outlined below:

1. Student placement is made through a district designee. If the placement decision is not satisfactory;

2. The student placement staff provides the family with a written explanation which includes information about their right to appeal and review the decision and student placement guidelines with the family. If this explanation is not satisfactory;

3. The district designee reviews the decision and talks with the family. If the decision is maintained and is still not satisfactory;

4. LEA liaison is contacted by the district designee. The LEA Liaison works with the district designee to ensure that the student is immediately placed in the school requested if this placement meets district guidelines and is comparable to other students;

5. The assistant superintendent of business and administrative services reviews issues and makes the final determination. If this decision is not satisfactory;

6. The Superintendent reviews issue. If this decision is not satisfactory;

7. State grievance procedure is implemented by the LEA Liaison.

The steps listed above must be completed within two school days from the original student placement.

Legal References:
The Education for Homeless Children and Youth (EHCY) program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (McKinney-Vento Act). The McKinney-Vento Act was originally authorized in 1987 and most recently reauthorized in December 2015 by the Every Student Succeeds Act (ESSA)

Cross References:

Moorhead School Board Policy 509: Enrollment of Nonresident Students

Moorhead School Board Policy 530: Student Immunization Requirements