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3115 (P) - Students Experiencing Homelessness: Enrollment Rights and Services

ADMINISTRATIVE PROCEDURE No. 3115

STUDENTS EXPERIENCING HOMELESSNESS: ENROLLMENT RIGHTS AND SERVICES

A.  Definitions

      1.   Homeless children and youths means individuals who lack a fixed, regular, and adequate nighttime residence. This includes children and youth who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason, living in motels, parks or campgrounds; or children or youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a sleeping accommodation by human beings; or children or youth living in cars, abandoned buildings or substandard housing or similar situations; or migratory children because they are living in circumstances like those described above. “Substandard housing” may be determined by considering factors such as whether the setting in which the child or youth is living lacks water, electricity or heat; is infested with vermin or mold; lacks a working kitchen or toilet, or presents unreasonable dangers to adults, children or persons with disabilities. Cities, counties and states have varying housing codes that further define housing deemed substandard by law.

      2.   Unaccompanied youth means a youth not in the physical custody of a parent or guardian and includes youth living on their own in any of the homeless situations described in the McKinney-Vento Homeless Education Act.

      3.   School of origin means the school or preschool that a child or youth attended when permanently housed, or the school in which the child or youth was last enrolled. When a child or youth completes the final grade level served by the school of origin, the school of origin includes the designated receiving school at the next grade level for all feeder schools.

      4.   Best interest determination means that the district must make school placement decisions for homeless students and youths on the basis of their best interest, as determined by student-centered factors including impact of mobility on achievement, education, health and safety. Priority should be given to the request of the child or the parent/guardian or unaccompanied youth. Placement of siblings should also be considered.

      5.   Excess cost of transportation means the difference between what the district normally spends to transport a student to school and the cost of transporting a homeless student to school. For example, there is no excess cost of transportation if the district provides transportation to a homeless student by a regular bus route. However, if the district provides special transportation to a homeless student that is not part of a regular bus route and not covered by the state transportation funding formula (e.g., summer school transportation, extracurricular activities, etc.), the entire cost would be considered excess costs of transportation. The additional cost of the district’s re-routing of busses to transport a homeless student can be considered excess cost of transportation. The district may use McKinney-Vento subgrant funds and Title I, Part A funds to defray excess cost of transportation for homeless students.

B.  Identification

      The district will:

      1.   Use a housing questionnaire in its enrollment process. The questionnaire will be distributed universally so as to avoid stigmatizing homeless children and youths and their families;

      2.   Ensure that referral forms used to identify and support homeless students are accessible and easy to use;

      3.   Include its homeless liaison’s contact information on its website;

      4.   Provide materials for homeless students and parents, if necessary and to the extent feasible, in their native language;

      5.   As practicable, provide annual guidance for school staff on the definition of homelessness, signs of homelessness, the impact of homelessness on students and steps to take when a potentially homeless student is identified, including how to connect the student with appropriate housing and support service providers;

      6.   Develop interagency partnerships to serve homeless families and youths; and

      7.   Work with the state homelessness coordinator to facilitate services to families and youths made homeless by natural disasters or other catastrophic events.

C.  Placement and Enrollment

      The district will:

      1.   When deciding placement, presume that allowing the homeless student to remain in their school of origin is in the student’s best interest, except when doing so is contrary to the request of the student’s parent or guardian or unaccompanied youth;

      2.   If the parent/guardian contests the district’s decision, make a best interest determination based on factors such as the impact of mobility on the student’s educational achievement, health and safety. If the best interest determination is requested by an unaccompanied youth, the process will give priority to the views of the youth;

      3.   After conducting a best interest determination, provide to the parent/guardian of the student in a timely manner and in a language they can understand, a written explanation of the final decision and the right to appeal the decision (see Dispute Resolution Procedure, below);

      4.   Pending resolution of disputes that arise over eligibility, school selection or enrollment, immediately enroll a homeless student in the school in which the parent, guardian or unaccompanied youth seeks enrollment;

      5.   Avoid delay or denial of enrollment of homeless students, even if they have missed application or enrollment deadlines during any period of homelessness or are unable to produce records required for enrollment (e.g., previous academic records, immunization records, health records, proof of residency, proof of guardianship, birth certificates);

      6.   Avoid requirements for student contact information to be in a form or manner that creates a barrier for homeless students;


      7.   Provide transportation for homeless students to their school or preschool of origin. Once the student has obtained permanent housing, the district will continue to provide such transportation until the end of the academic year. If the homeless student remains in their school of origin but begins living in an area served by district, the district of origin and the district in which the homeless student is living must agree upon a method to apportion the responsibility and costs for the student’s transportation to and from their school of origin. If the districts cannot reach agreement, the responsibility and costs for transportation will be shared equally;

      8.   Continue to provide transportation to their school of origin pending the outcome of enrollment or transportation disputes;

      9.   Immediately contact the school last attended by the homeless student to obtain relevant academic and other records;

D.  District’s homeless liaison

      The district liaison will ensure that:

      1.   Homeless children and youths are identified by school personnel and through coordination of activities with other entities and agencies;

      2.   Homeless children and youths enroll in and have a full and equal opportunity to succeed in school;

      3.   Homeless families, children and youths receive educational services for which such families, children and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the district and referrals to health care services, dental services, mental health services, and other appropriate services;

      4.   The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

      5.   Homeless students are identified and provided proper access to free school meals;

      6.   Public notice of the educational rights of homeless children and youths is disseminated where such children receive services (e.g., schools, family shelters, soup kitchens);

      7.   Enrollment disputes are mediated in accordance with Paragraph C, Placement and enrollment, above; and

      8.   The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin and is assisted in accessing transportation to the school selected;

      9.   Unaccompanied youths are enrolled in school, have opportunities to meet the same challenging state academic standards as the state establishes for other children and youths, are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (HEA) (20 U.S.C. 1087vv) for federal student aid purposes, and their right to receive verification of this status from the local liaison;

      10.Barriers that prevent homeless students from receiving credit for full or partial coursework satisfactorily completed while attending a prior school are identified and removed;

      11.Affirm whether homeless students meet the U.S. Department of Housing and Urban Development (HUD) definition of homelessness to qualify them for HUD homeless assistance programs and refer homeless families and students to housing and other services;

      12.Assist parents, guardians and unaccompanied youth in obtaining immunizations, health screenings, guardianship records and other documents normally required for enrollment; and

      13.Assist unaccompanied youths in connecting with needed supports such as housing assistance, health care and other services.

In addition to the duties and responsibilities listed above, the district liaison will work to improve systems to identify homeless students and coordinate with the district’s nutrition program to ensure that each homeless student has proper access to free school meals, and that applicable accountability and reporting requirements are satisfied.

      The district will inform school personnel, service providers and advocates working with homeless families of the duties of the district homeless liaison.

E.   Dispute Resolution Procedure

      The District shall ensure that the child/youth attends the school in which they sought enrollment while the dispute process is being carried out.

      1.   Notification of Appeal Process

            If the district seeks to place a homeless child in a school other than the school of origin or the school requested by the parent, the school district shall inform the parent or the unaccompanied youth of the right to appeal. The district shall provide the parent or unaccompanied youth with written notice including:

            a.   An explanation of the child’s placement and contact information for the district and the OSPI homeless liaison, including their roles;

            b.   Notification of the parent’s right to appeal(s);

            c.   Notification of the right to enroll in the school of choice pending resolution of the dispute;

            d.   A description of the dispute resolution process including a petition form that can be returned to the school to initiate the process and timelines; and

            e.   A summary of the federal legislation governing placement of homeless students (McKinney-Vento Act).

      2.   Appeal to the School District Liaison – Level I

            If the parent or unaccompanied youth disagrees with the district’s placement decision, they may appeal by filing a written request for dispute resolution with the school, the district’s homeless liaison or a designee. If submitted to the school, it will be immediately forwarded to the homeless liaison. The request for dispute resolution must be submitted within fifteen business days of receiving notification of the district’s placement.

            The liaison must log the complaint including a brief description of the situation and reason for the dispute and the date and time of the complaint was filed.

            a.   A copy of the complaint must be forwarded to the liaison’s supervisor and the superintendent;

            b.   Within five business days of the receiving the complaint, the liaison must provide the parent or unaccompanied youth with a written decision and notification of the parent’s right to appeal;

            c.   The district will verify receipt of the Level I decision; and

            d.   If the parent or unaccompanied youth wishes to appeal, notification must be provided to the district liaison within ten business days of receipt of the Level I decision. The liaison shall provide the parent with an appeals package containing:

                  1.   The complaint filed with the district liaison at Level I;

                  2.   The decision rendered at Level I; and

                  3.   Additional information provided by the parent, unaccompanied youth and/or homeless liaison.

      3.   Appeal to the School Superintendent – Level II

            The parent or unaccompanied youth may appeal the district liaison’s decision to the superintendent or the superintendent’s designee using the appeals package provided at Level I.

            a.   The superintendent will arrange for a personal conference to be held with the parent or unaccompanied youth within five business days of receiving the Level I appeals package.  This meeting may be held over video or phone conference if required due to a school building closure or if the parent/guardian or unaccompanied youth is unable to attend in-person, provided the same opportunity for appeal is given and the same rights are provided to the family or youth;

            b.   Within five business days of the conference with the parent or unaccompanied youth the superintendent will provide that individual with a written decision with supporting evidence and notification of their right to appeal to the OSPI;

            c.   The district will verify receipt of the Level II decision;

            d.   A copy of the superintendent’s decision will be forwarded to the district’s homeless liaison; and

            e.   If the parent or unaccompanied youth wishes to appeal to the OSPI, notification must be provided to the district homeless liaison within ten business days of receipt of the Level II decision.

      4.   Appeal to the Office of the Superintendent of Public Instruction – Level III

            a.   The district superintendent shall forward a copy of the Level II decision and all written documentation to the OSPI homeless liaison within five days of rendering a decision. The district will submit the entire dispute package to the OSPI in one complete package by U.S. mail;

            b.   The OSPI’s homeless education coordinator or designee, along with the appropriate agency director, and/or agency assistant superintendent shall make a final decision within fifteen business days of receiving the appeal;

            c.   The OSPI’s decision will be forwarded to the district’s homeless liaison. The liaison will distribute the decision to the parent or unaccompanied youth and the local superintendent;

            d.   The OSPI’s decision will be the final resolution for placement of a homeless child or youth in the district; and.

            e.   The district will retain the record of all disputes, at each level, related to the placement of homeless children.

F.   Inter-district Disputes

      If districts are unable to resolve a dispute regarding the placement of a homeless student, either district may submit a written request to the OSPI seeking resolution.

      The OSPI will resolve the dispute within 10 business days of notification of the dispute and inform all interested parties of the decision.

 

 


 



 

Dispute Resolution Process

Office of Superintendent of Public Instruction

DISPUTE RESOLUTION PROCESS

SCHOOL DISTRICT PLACEMENT OF CHILDREN AND YOUTHS

IN HOMELESS SITUATIONS

BACKGROUND INFORMATION

The McKinney-Vento Homeless Assistance Act (also referred to as the Act or the McKinney-Vento Act) acknowledges that disputes may arise between the school district and homeless students and their parents, or unaccompanied youth, when the district seeks to place a student in a school other than the school of origin or the school requested by the parent or unaccompanied youth. The Act includes dispute resolution among the required duties of the local education agency (LEA) liaison. The Washington State Office of Superintendent of Public Instruction (OSPI) has developed a dispute resolution process as required by the McKinney-Vento Act.

Districts should bear in mind that disputes related to school selection or enrollment should be initiated at the request of the parent or unaccompanied youth and not at the request or convenience of the school district. Additionally, issues related to the definition of homelessness, the responsibilities of the school district to serve homeless children and youth, and/or the explicit rights of homeless children and youth are addressed in the McKinney-Vento Act. Disputes related to the school placement and enrollment of homeless children and youths shall be resolved within the parameters of the federal McKinney-Vento Act. The dispute resolution process for the school placement of homeless children and youths shall not be used in an effort to circumvent or supersede any part of the federal McKinney-Vento Act.

The following procedures are specified in the Act:

Enrollment: If a dispute arises over school selection or enrollment in a school, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute. In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute.

Written Explanation: The district must provide a written explanation of the school placement decision to the parent or, in the case of an unaccompanied youth, to the unaccompanied youth. (The written explanation must include a description of the parent’s or unaccompanied youth’s right to appeal the decision.)

Liaison: The designated LEA homeless liaison is assigned to carry out the dispute resolution process in an expeditious manner.

Responsibility: The school district, usually the district’s homeless liaison, is responsible to inform the parent of the homeless student(s) or the unaccompanied youth of the dispute resolution process.

OVERVIEW

In a case where a dispute occurs regarding the enrollment of a homeless child or youth, the following process must be used: Level I of the appeal is to the district’s homeless liaison. If unresolved at this level, the case is appealed to the local school district superintendent (Level II), and if the dispute continues to be unresolved, the final appeal (Level III) is to OSPI. Every effort must be made to resolve the complaint or dispute at the local level before it is brought to OSPI.

INITIATION OF THE DISPUTE RESOLUTION PROCESS

If a school district seeks to place a homeless child or youth in a school other than the school of origin, or the school requested by the parent or unaccompanied youth, the child’s/youth’s parent or the unaccompanied youth shall be informed in a language and format understandable to the parent or unaccompanied youth of their right to appeal the decision made by the school district and be provided the following:

  1. Written contact information for the LEA homeless liaison and State Coordinator, with a brief description of their roles.
  2. A simple, written detachable form that parents, guardians, or unaccompanied youth can complete and turn in to the school to initiate the dispute process (the school should copy the form and return the copy to the parent, guardian, or youth for their records when it is submitted.)
  3. A written step-by-step description of how to dispute the school district’s decision.
  4. Written notice of the right to enroll immediately in the school of choice pending resolution of the dispute.
  5. Written notice of the right to appeal to the state if the district-level resolution is not satisfactory.
  6. Written timelines for resolving district- and state-level appeals.

Level I: LEA Liaison Communication

If a parent or unaccompanied youth wishes to appeal a school district’s decision related to a student’s placement:

  1. The parent or unaccompanied youth must file a request for dispute resolution with the district’s homeless liaison by submitting a form that initiates the dispute resolution process. The request for dispute resolution must be submitted by the parent or the unaccompanied youth to the district liaison within fifteen (15) business days of receiving notification that the district intends to enroll the student in a school other than that requested by the family or the unaccompanied youth. The parent or unaccompanied youth may submit the request directly to the homeless liaison or they may submit the request to the school where the dispute is taking place. If the request is submitted to the school where the dispute is taking place, the school shall immediately forward the request to the district’s homeless liaison. In the event that the district’s homeless liaison is unavailable, a school district designee may receive the parent's or unaccompanied youth's request to initiate the dispute resolution process.
  2. The homeless liaison must log their receipt of the complaint, including the date and time, with a written description of the situation and the reason for the dispute, and a copy of the complaint must be forwarded to the liaison’s immediate supervisor and the district superintendent.
  3. Within five (5) business days of their receipt of the complaint, the liaison must make a decision on the complaint and inform the parent or unaccompanied youth in writing of the result. It is the responsibility of the district to verify the parent’s or unaccompanied youth’s receipt of the written notification regarding the homeless liaison’s Level I decision.
  4. If the parent or unaccompanied youth disagrees with the decision made at Level I and wishes to move the dispute resolution process forward to Level II, the parent or unaccompanied youth shall notify the district’s homeless liaison of their intent to proceed to Level II within ten (10) business days of receipt of notification of the Level I decision.
  5. If the parent or unaccompanied youth wishes to appeal the liaison’s Level I decision, the district’s homeless liaison shall provide the parent or unaccompanied youth with an appeals package containing:
    1. A copy of the parent’s or unaccompanied youth’s complaint which was filed with the district’s homeless liaison at Level I,
    2. The decision rendered at Level I by the LEA liaison, and
    3. Any additional information from the parent, unaccompanied youth, and/or homeless liaison.

Level II: LEA Superintendent Communication

(If the dispute remains unresolved after a Level I appeal)

  1. If a parent disagrees with the decision rendered by the district’s homeless liaison at Level I, the parent or unaccompanied youth may appeal the decision to the local school district’s superintendent, or the superintendent’s designee, (the designee shall be someone other than the district’s homeless liaison) using the appeals package provided at Level I.
  2. The superintendent, or superintendent’s designee, will arrange for a personal conference to be held with the parent or unaccompanied youth. The personal conference will be arranged within five (5) business days of the parent or unaccompanied youth’s notification to the district of their intent to proceed to Level II of the dispute resolution process.       Once arranged, the meeting between the superintendent, or superintendent’s designee, and the parent or unaccompanied youth is to take place as expeditiously as possible.      
  3. The local superintendent, or superintendent’s designee, will provide a decision in writing to the parent or unaccompanied youth with supporting evidence and reasons, within five (5) business days of the superintendent’s, or superintendent's designee, personal conference with the parent or unaccompanied youth.       It is the responsibility of the district to verify the parent’s or unaccompanied youth’s receipt of the written notification regarding the superintendent’s Level II decision.
  4. A copy of the appeals package, along with the written decision made at Level II is to be shared with the district’s homeless liaison.
  5. If the parent or unaccompanied youth disagrees with the decision made at Level II and wishes to move the dispute resolution process forward to Level III, the parent or unaccompanied youth shall notify the district’s homeless liaison of their intent to proceed to Level III within ten (10) business days of receipt of notification of the Level II decision.
  6. If the dispute remains unresolved, the process then moves to Level III.

Level III: Office of Superintendent of Public Instruction (OSPI) Communication

(If the dispute remains unresolved after a Level II appeal)

  1. The district superintendent shall forward all written documentation and related paperwork to the OSPI homeless education coordinator, or designee, for review, within five (5) business days of notifying the parent or unaccompanied youth of the decision rendered at Level II.
  2. The entire dispute package including all documentation and related paperwork is to be submitted to OSPI in one consolidated and complete package via hard copy mail delivery. Documents submitted separately from the dispute package, documents submitted after the fact, or documents submitted outside of the dispute package in an attempt to extend the dispute timeframe or impact a pending dispute outcome may not be reviewed by OSPI. It is the responsibility of the district to ensure that dispute packages are complete and ready for review at the time they are submitted to OSPI.
  3. The OSPI homeless education coordinator, or designee, along with the appropriate agency director, and/or agency assistant superintendent, shall make a final decision within fifteen (15) business days of receipt of the complaint.
  4. The final decision will be forwarded to the local school district’s homeless liaison for distribution to the parent and the local superintendent.
  5. The decision made by OSPI shall be the final resolution for placement of a homeless child or youth in the district.
  6. The office of the school district superintendent shall maintain a record of all disputes related to the placement of homeless children and youths. These records shall include disputes resolved at Level I, Level II, and/or Level III and shall be made available to OSPI upon request.

INTER-DISTRICT DISPUTES

If a dispute arises over school selection or enrollment in a school, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute. In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute.

Disputes arising between school districts (LEAs) regarding the placement of a homeless child or youth in a district should be resolved between the districts at the local level in the best interest of the child and according to the law. Disputes between LEAs that remain unresolved shall be forwarded in writing by either of the disputing districts to the OSPI homeless education coordinator, or designee. A decision will be made by the OSPI homeless coordinator, or designee, along with a committee of OSPI staff within ten (10) business days of the receipt of the dispute and will be forwarded in writing to the districts' superintendents, the districts' homeless liaisons and the parent(s) of the homeless child, or the homeless youth.

The decision made by OSPI shall be the final resolution between the disputing LEAs for placement of a homeless child or youth in a district.

McKinney-Vento Homeless Education Act of 2001

42 U.S.C. §§ 11431, et. seq. (Chapter 119) , as amended by the

No Child Left Behind Act.

POLICY STATEMENT

Section 721(l)(2) of the McKinney-Vento Homeless Education Act:

The following is the policy of the Congress:

(1) Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.

(2) In any State that has a compulsory residency requirement as a component of the State's compulsory school attendance laws or other laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youths, the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.

(3) Homelessness alone is not sufficient reason to separate students from the mainstream school environment.

(4) Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.

DEFINITIONS

Homeless Children and Youths:According to Section 725(2) of the McKinney-Vento Homeless Education Act, "the term ‘homeless children and youths’--

(A)    means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)) [‘one who (1) lacks a fixed, regular, and adequate residence or (2) has a primary nighttime residence in a supervised publicly or privately operated shelter for temporary accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill), an institution providing temporary residence for individuals intended to beinstitutionalized, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.’]; and

(B)    includes--

(i)    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;

(ii)   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 (within the meaning of section 103(a)(2)(C));

(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv)    migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii)."

Section 103(c) of the Act specifically excludes from the definition of homeless individuals any person who is imprisoned or otherwise detained by Act of Congress or State law.

Unaccompanied Youth: Section 725(6) of the Act indicates that the term “unaccompanied youth” includes a youth not in the physical custody of a parent or guardian." Youth living on their own in any of the homeless situations described in the law, are covered by the law.

Fixed Residence:A residence that is stationary, permanent, and not subject to change.

Regular Residence: A residence which is used on a regular (i.e., nightly) basis.

Adequate Residence: A residence which is sufficient for meeting both the physical and psychological needs typically met in home environments.

Parent: For the purpose of this policy, a parent means a parent, legal guardian, or person having legal custody of a child.

School of Origin:The school of origin, as defined in the McKinney-Vento Homeless Education Act, Section 722 (g)(3)(G), is the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.

Enrollment: The terms “enroll” and “enrollment” include attending classes and participating fully in school activities.

Revised: March 2020
Revised:  April 2022

WALLA WALLA PUBLIC SCHOOLS • 364 South Park St. • Walla Walla, WA 99362 • Phone: 509-527-3000 • Fax: 509.529.7713

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