File:  JFABD - Admission of Homeless Students

It is the Board´s intent to remove barriers to the enrollment and retention of homeless children and youths in school in accordance with state and federal law.

Homeless student liaison

The Board shall designate at least one staff member in the district to serve as a homeless student liaison and fulfill the duties set forth in state and federal law. 

The liaison shall work to identify homeless children and facilitate each homeless child´s access to and success in school.   By October 1 of each year, the liaison shall report the number of homeless students to the Colorado Department of Education.

The liaison shall mediate disputes concerning school enrollment, assist in making transportation arrangements, assist in requesting the student´s records, provide information and give referrals on services and opportunities, and assist any homeless child who is not in the custody of a parent or guardian with enrollment decisions.

Enrollment of Homeless Students

Students defined in state and federal law as homeless children shall be admitted without payment of tuition. 

As used in this policy, the term "school of origin" means the school the student attended at the time of becoming homeless.  If the student became homeless at a time when the student was not in school, the last school attended shall be the school of origin. 

A homeless student currently living outside of the district in which the school of origin is located may be deemed to reside, and may attend school in:

·  the district where the child is presently located, or the district in which the school of origin is located; except that a homeless student who becomes permanently housed outside that district during the school year may only continue for the remainder of the year.

In determining the best interests of the homeless student, except when it is against the wishes of the student´s parent or guardian, the district shall keep the homeless student in the school of origin to the extent feasible.

If the district sends the homeless student to a school other than the school of origin or to a school other than the one requested by the student´s parent or guardian, the district shall provide written explanation to the parent or guardian, including the right to appeal the decision.

If a homeless student is not in the custody of a parent or guardian, the liaison shall assist with enrollment decisions, consider the wishes of the student and give the student notice of the right to appeal.

If an enrollment dispute arises between the homeless student´s parent or guardian and the district, the student shall be immediately enrolled in the school selected by the parent or guardian until the dispute is resolved.

If an enrollment dispute arises between a student not in the custody of a parent or guardian and the district, the student shall immediately be enrolled in the school selected by the student until the dispute is resolved.

Enrollment shall be immediate even if the student lacks records routinely required prior to enrollment.  The school shall then make arrangements to obtain any necessary records and to have the student receive any necessary immunizations.

Transportation

If the student resides in the district where the school of origin is located, the district shall upon request provide or arrange for the student´s transportation to and from school.

If the student attends the school of origin but seeks shelter or is located in another district, both districts must, upon request, either agree on a method to apportion cost and responsibility for the student´s transportation or share the cost and responsibility equally.

Services

Each homeless child shall be provided services for which the child is eligible, comparable to services provided to other students in the school, regardless of resi-dency, including transportation services, education services, vocational and technical education programs, gifted and talented programs, and school nutrition programs.

Homeless children shall be provided access to education and other services that such children need to ensure that they have an opportunity to meet the same student performance standards to which all students are held.

The district shall coordinate with other districts and with local social services agencies and other agencies or programs providing services to homeless children as needed.

NOTE 1:  The term "homeless children" is defined in federal law to include the following:

Individuals who lack a fixed, regular and adequate nighttime residence; including

·  children and youths 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;
·  children and youths 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;
·  children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
·  migratory children who are living in circumstances described in the clauses above.

NOTE 2:  While the definition of homeless children in Colorado law closely tracks the definition in federal law, the federal law contains the following language which is NOT found in the Colorado law:

- "sharing the housing of other persons due to lack of housing, economic hardship or a similar reason"
- "trailer parks"
- "substandard housing"

Colorado school districts are required to follow the more inclusive federal definition.

Adopted:  January 2003

LEGAL REFS.:  42 U.S.C. §11431 et seq.  (McKinney Homeless Assist--ance Act, as amended by No Child Left Behind Act of 2002)

C.R.S. 22-1-102.5 (definition of homeless child)

C.R.S. 22-32-109 (1)(dd) (duty to adopt/revise policies to remove barriers to access and success in schools for homeless children)

C.R.S. 22-33-103.5 (attendance of homeless children)

C.R.S. 26-5.7-101 et seq. (Homeless Youth Act)