JFABD
–
SHUTESBURY
SCHOOL COMMITTEE
HOMELESS
STUDENTS: ENROLLMENT RIGHTS AND SERVICES
As required by law, the
district will work with homeless children and youth and unaccompanied
youth (1 "A
homeless child or youth not in the physical custody of a parent or
guardian." 42 USC §11434a.) (collectively, "homeless students") as well as their
families or legal guardians to provide stability in school attendance and other
services. Special attention will be given to ensuring the enrollment and
attendance of homeless students not currently attending school. Homeless
students will be provided district services for which they are eligible,
including Head Start and comparable pre-school programs, Title I, similar state
programs, special education, bilingual education, vocational and technical
education programs, gifted and talented programs, school nutrition programs,
summer programming and extracurricular activities.
Homeless students are
defined as lacking a fixed, regular and adequate nighttime residence,
including:
1.
Sharing the housing of other persons due to loss of housing, economic hardship,
or similar reason;
2. Living in motels, hotels, trailer parks or camping grounds due to the
lack of alternative adequate accommodations;
3. Living in emergency or transitional shelters;
4. Being abandoned in hospitals;
5. Living in public or private places not designed for or ordinarily used
as regular sleeping accommodations for human beings;
6. Living in cars, parks, public spaces, abandoned buildings, substandard
housing, transportation stations or similar settings; and
7. Migratory children living in conditions described in the previous
examples.
Students Remaining in
Schools of Origin
It is presumed to be in
the best interest of homeless students to remain in their schools of origin,
i.e. the school that the student was attending at the time he or she became
homeless, or the last school the student attended prior to becoming
homeless. Homeless students may continue to attend their school of origin
for as long as they remain homeless or until the end of the academic year in
which they obtain permanent housing. For homeless students who complete
the final grade level served by the school of origin, the term "school of
origin" shall also include the receiving school in the same school
district educating students at the next grade level.
Homeless students are
entitled to transportation comparable to that provided for all other students
attending school in the district. The district will transport students
who are sheltered or temporarily residing within the district to the students'
school of origin. For homeless students attending a school of origin
located outside the district in which the student is sheltered or temporarily
residing, the district in which the school of origin is located will coordinate
with the district in which the student is sheltered or temporarily residing to
provide the transportation services necessary for the student, and these
districts will divide the cost equally. Formerly homeless students who
find permanent housing mid-school year will continue to receive transportation
services until the end of the school year.
Students Enrolling in
District Where Sheltered or Temporarily Residing
Parents or guardians may
elect to enroll homeless students in the school district in which the student
is sheltered or temporarily residing, rather than having the student remain in
the school of origin. Enrollment changes for homeless students should
take place immediately.
If homeless students are
unable to provide written proof of their shelter or temporary residence in the
district, the homeless liaison will work with the family seeking enrollment to
determine homelessness. Information regarding a homeless student's living
arrangement shall be considered a student education record, and not directory
information. Records containing information about the homeless student's
living arrangement may not be disclosed without the consent of the parent or
satisfaction of another student-privacy related exemption.
If the student does not
have immediate access to immunization records, the student shall be permitted
to enroll under a personal exception. Students and families should be
encouraged to obtain current immunization records or immunizations as soon as
possible, and the district liaison is directed to assist. Emergency
contact information is required at the time of enrollment consistent with
district policies, including compliance with the state's address
confidentiality program when necessary. After enrollment, the district
will immediately request available records from the student's previous school.
Attendance rights by
living in attendance areas, other student assignment policies, or intra and
inter-district choice options are available to homeless families on the same
terms as families who reside in the district. Accordingly, the district
will provide transportation services to school in a manner comparable to the
transportation provided for all other students in the district.
Dispute Resolution
If the district
disagrees with a parent or guardian's decision to keep a student enrolled in
the school of origin and considers enrollment in the district where the student
is sheltered or temporarily residing to be in the student's best interest, the
district will explain to the parent, in writing and in a language the parent
can understand, (2 Translation
of communications of this type is required by Title I, among other laws. See,
e.g. 20 USC § 6312.) the rationale for
its determination and provide parent with written notice of their rights to
appeal the district's determination to the Massachusetts Department of
Elementary and Secondary Education (3.
Information about the dispute resolution process managed by the
Department of Elementary and Secondary Education can be located
here: http://www.doe.mass.edu/mv/haa/03-7.html) During the pendency of any such appeal,
the student should remain enrolled in the school selected by the parent or
guardian, receiving transportation to school and access to other available
services and programs.
The Massachusetts
Department of Elementary and Secondary Education's Advisory on Homeless
Education Assistance contains additional information about educating homeless
students and the appeal process. This advisory is available at the
following link: http://www.doe.mass.edu/mv/haa/mckinney-vento.docx
Homeless Liaison
The Superintendent shall
designate an appropriate staff person to be the district's liaison for homeless
students and their families. The district's liaison for homeless students
and their families shall coordinate with local social service agencies that
provide services to homeless children and youths and their families; other
school districts on issues of transportation and records transfers; and state
and local housing agencies responsible for comprehensive housing affordability
strategies. This coordination includes providing public notice of the
educational rights of homeless students in locations such as schools, family
shelters and soup kitchens. The district's liaison will also review and
recommend amendments to district policies that may act as barriers to the
enrollment of homeless students. The liaison shall ensure district staff
receive professional development and other support on issues involving homeless
students.
LEGAL REFS.: The
McKinney-Vento Act and Title I, Part A, as Amended by the Every Student
Succeeds Act of 2015
SOURCE: MASC
October 2019
Reviewed by Shutesbury Policy Committee: 01-16-20
First
Reading by Shutesbury School Committee:
02-13-20
Second
Reading by Shutesbury School Committee:
04-16-20
Final Vote by Shutesbury School Committee: 06-18-20