Avery County Schools Policy Policy Code: 4125
HOMELESS STUDENTS
As required by the North Carolina Constitution and North Carolina law, the Avery County Board of Education is committed to providing a free public-school education to all children who are legally entitled to enroll in the school system. In accordance with the McKinney-Vento Homeless Assistance Act and the North Carolina State Plan for Educating Homeless Children, the board will make reasonable efforts to identify homeless children and youth of school age within the area served by the school system, encourage their enrollment, and eliminate barriers to their receiving an education which may exist in district policies or practices. Based on individual need, homeless students will be provided services available to all students, such as preschool, free or reduced school meals, services for English learners, special education, career and technical education (CTE), academically or intellectually gifted (AIG) services, and before- and after-school care.
The provisions of this policy will supersede any and all conflicting provisions in board policies that address the areas discussed in this policy.
A. DEFINITION OF HOMELESS STUDENTS
Homeless students are children and youth who lack a fixed, regular, and adequate
nighttime residence. The term “homeless student” will also be deemed to include
the term “unaccompanied youth” which includes a youth who is not in the
physical custody of a parent or guardian. Homeless children and youth include
those students who are as follows:
1. sharing the house of other persons due to loss of housing, economic
hardship, or a similar reason;
2. living in motels, hotels, transient trailer parks, or camping grounds due to
the lack of alternative adequate accommodations;
3. living in emergency or transitional shelters;
4. abandoned in hospitals;
5. living in a primary nighttime residence that is a public or private place not
designed for or ordinarily used as regular sleeping accommodations for
human beings;
6. living in cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations or similar settings; or
7. living in a migratory situation that qualifies as homeless because the child
lacks a fixed, regular, and adequate nighttime residence.
Avery County Schools Policy Code 4125 Page 1 of 10 B. ENROLLMENT, ASSIGNMENT, AND TRANSPORTATION OF HOMELESS STUDENTS
1. Enrollment
a. Eligibility
Notwithstanding the enrollment eligibility requirements established by the
board elsewhere in policy, school personnel shall immediately enroll
homeless students even if they do not have proof of residency, school and
immunization records, birth certificates, or other documents; have missed
application or enrollment deadlines during a period of homelessness; have
outstanding fees; or are not accompanied by an adult. The homeless
liaison shall assist the students and parents or guardians in securing
appropriate records or otherwise meeting enrollment requirements.
b. Records
Homeless students transferring into the school district may provide
cumulative and other records directly to the school district. The school
district will not require that such records be forwarded from another
school district before the student may enroll. However, school personnel
will immediately request the official records from the previous school.
Information regarding a child or youth’s homeless situation must be
treated as a student record and protected accordingly. See policy 4700,
Student Records.
2. Assignment
A homeless student (or the student’s parent or guardian) may request to
attend (1) his/her school of origin or (2) any public school that other
students living in the same attendance area are eligible to attend. The
school of origin is defined as the school the student attended before losing
permanent housing or the school in which the student was last enrolled,
including a preschool. When a student 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. Unless not
in the student’s best interest, a homeless student who continues attending
the school of origin will remain enrolled in the school of origin for the
entire time the student is homeless and until the end of any academic year
in which the student moves into permanent housing.
The superintendent shall designate the Director of Student Assignment or
other appropriate personnel to decide, in consultation with the homeless
liaison, which school a homeless student will attend. The decision must
be based upon consideration of student-centered factors related to the
student’s best interests including factors concerning the impact of mobility
on achievement, education, health, and safety of homeless students, giving
Avery County Schools Policy Code 4125 Page 2 of 10 priority to the request of the student’s parent or guardian or the unaccompanied youth. The superintendent’s designee must presume that keeping the student in the school of origin is in the student’s best interest unless contradicted by the student’s parent or guardian or the unaccompanied youth.
If the superintendent’s designee determines that it is not in the student’s
best interest to attend the school of origin to the school requested by the
parent or guardian or unaccompanied youth he/she must provide a written
explanation of the reasons for the determination to the parent or guardian
or unaccompanied youth, along with information regarding the right to
appeal the placement decision as described in Section D, below.
3. Transportation
The board of education will provide homeless students with transportation
services comparable to those of other students. In addition, at the parent
or guardian’s request (or at the request of the homeless liaison for
unaccompanied youth), the board will provide transportation services
to/from the school of origin. The superintendent or designee and the
homeless liaison shall coordinate homeless students’ transportation needs,
based on the child’s best interest. In situations in which a student attends
school in this system but his or her temporary housing is in another system
(or vice versa), the superintendent or designee shall work with the other
system to share the cost and/or responsibility for transportation. If an
agreement cannot be reached between the systems, the cost of such
transportation will be divided evenly.
If a homeless student becomes permanently housed and chooses to remain
in his or her school of origin, the board will provide transportation to the
student for the remainder of the school year.
C. ELIGIBILITY FOR TITLE I SERVICES
Homeless students are automatically eligible for Title I services. The homeless
liaison and the Title I director shall collaborate to identify the needs of homeless
students.
D. DISPUTE RESOLUTION PROCESS
A parent, guardian, or unaccompanied youth who disagrees with a decision of
school officials with regard to eligibility, school selection, or enrollment of a
student who is homeless (hereinafter, referred to as a “complainant”) may appeal
the decision to the school system’s homeless liaison in accordance with this
section upon registering or attempting to register the child or youth at the school
in which enrollment is sought.
Any employee who is aware that an unaccompanied youth or a parent or guardian
of a homeless student is dissatisfied with a decision of school officials with regard
Avery County Schools Policy Code 4125 Page 3 of 10 to eligibility, school selection, or enrollment should immediately refer that individual to the school system’s liaison for homeless students.
As used in this section, “school days” means days when students are scheduled to
be in attendance.
1. Notice, Stay Put, and Informal Resolution
Upon learning of a complainant’s disagreement with a decision of school
officials, the homeless liaison shall take the following actions.
a. The homeless liaison shall arrange to have the student immediately
admitted to the school in which enrollment is sought either the
school of origin of the school located in the attendance zone of the
student’s temporary residence) if enrollment is at issue. Once
enrolled, the student must receive all services for which he/she is
eligible and must be allowed to participate fully in school
activities, pending resolution of the dispute.
b. Immediately, but not later than one school day after learning of the
complainant’s disagreement, the homeless liaison shall provide the
complainant a copy of the school system’s uniform statement of
rights and procedures that is written, to the extent practicable, in a
language that the complainant can understand. The written
statement must include all of the following:
1) contact information, including telephone number, email
address, and physical address of the homeless liaison and of the
State Coordinator for homeless
education, with a brief description of their roles;
2) notice that, within two school days of the school’s decision, the
complainant has the right to notify the homeless liaison that the
complainant intends
to appeal the decision;
3) an explanation of the appeal procedure, including the timeline
and process for making the initial appeal and for pursuing a
subsequent appeal to the
superintendent and board, as provided by this policy;
4) a simple complaint form that a complainant can complete and
submit to the homeless liaison to initiate the dispute resolution
process and to pursue any
subsequent appeals to the superintendent and board;
5) notice that the board of education or a designated panel of the
board will make the final decision on behalf of the school system;
Avery County Schools Policy Code 4125 Page 4 of 10 6) notice of the right to appeal the final decision of the school system to the State Coordinator within three school days and the option to request an extension from the State Coordinator, along with a step-by-step description of how to file the appeal;
7) notice of the right to enroll immediately in the school located in
the assignment area of the student’s temporary residence or remain
in the school of
origin with transportation provided pending resolution of the
dispute if such transportation is requested by the parent, guardian,
or homeless liaison on
behalf of the youth;
8) notice that immediate enrollment includes full participation in
all school activities;
9) notice of the right to obtain assistance of advocates or
attorneys; and
10) notice of the right to provide supporting written or oral
documentation during the appeals process.
c. The homeless liaison shall attempt to informally resolve the matter.
Complainants are encouraged to attempt informal resolution through
discussion with the
homeless liaison when possible.
d. If informal resolution is unsuccessful, the homeless liaison shall inform
the complainant of the right to appeal the matter by initiating the dispute
resolution
process provided in subsection D.2, below.
e. The student or parent or guardian will be referred to the system’s
homeless liaison, who shall carry out the appeal process as expeditiously
as possible after
receiving notice of the dispute. If the complaint initiates the dispute
resolution process, the homeless liaison shall expedite the process so that a
final decision
in the dispute is reached within 15 school days or 30 calendar days,
whichever is less.
2. Steps in the Dispute Resolution Process and Related Timelines
a. Homeless Liaison Review
i. If informal resolution of a complaint is unsuccessful, the
complainant may initiate the dispute process by making a formal
appeal to the homeless liaison, either directly or through the
Avery County Schools Policy Code 4125 Page 5 of 10 principal of the school in which enrollment is sought. The appeal must be presented within five school days of the decision giving rise to the complaint unless the homeless liaison agrees to an extension of up to five additional school days for good cause.
ii. The appeal may be made orally or in writing on the designated
complaint form. If the complainant makes an oral appeal, the
homeless liaison shall complete the written complaint form on the
complainant’s behalf without delay.
iii. The complaint should include the date of the filing, a
description of the disputed action pertaining to eligibility, school
selection, or enrollment, the name of the person(s) involved and a
description of the relief requested. The complainant must be
informed of the right to provide supporting written or oral
documentation and to seek the assistance of an advocate or
attorney.
iv. The local liaison shall inform the superintendent, other
appropriate school officials, and the State Coordinator of the
dispute immediately after the parent, guardian, or unaccompanied
youth has initiated the dispute resolution process.
v. Within two school days after receiving the formal complaint, the
homeless liaison will provide a written decision, including the
reasons for the decision, to the complainant and the superintendent.
b. Appeal to the Superintendent of the Liaison’s Decision
i. Within two school days of receiving the liaison’s decision, the
complainant may appeal the decision to the superintendent orally
or in writing using the
form designated for this purpose. Oral appeals must be made to
the homeless liaison, who shall commit the appeal to writing on the
designated form.
The homeless liaison shall ensure that the superintendent
receives copies of the written complaint and the response of the
liaison.
ii. The superintendent or his/her designee shall schedule a
conference with the complainant to discuss the complaint.
iii. Within four school days of receiving the appeal, the
superintendent or designee shall provide a written decision to the
complainant including a statement
of the reasons for the decision.
c. Appeal to the Board of the Superintendent’s Decision
Avery County Schools Policy Code 4125 Page 6 of 10 i. If the complainant is dissatisfied with the superintendent’s decision, he/she may file an appeal with the board of education within two days.
ii. The appeal may be filed orally or in writing using the form
designated for this purpose. Orla appeals must be made to the
homeless liaison, who shall
commit the appeal to writing on the designated form.
iii. The board of a panel of at least two board members acting on
behalf of the boar will hear the appeal. The board or board panel
will provide the complainant with a
written decision within five school days of receiving the appeal.
In unusual circumstances the board or board panel may extend this
time but will avoid exceeding the
lesser of (1) 15 school days from when the complaint was
received or (2) 30 calendar days from when the complaint was
received.
iv. The board’s or board panels’ decision will constitute the final
decision of school district for purposes of the complaint’s right to
appeal to the State Coordinator.
v. If the matter under appeal is a school assignment, a board panel
decision will be a recommendation that must be submitted to the
full board for a final determination as
required by state law and policy 4150, School Assignment.
However, in order to ensure an expedited appeals process for
students who are homeless, the recommendation
of the board panel shall be considered the final decision of the
board for purposes of appeal to the State Coordinator if a final
determination by the full board reasonably
cannot be accomplished by the deadline described in the
previous paragraph.
vi. The written statement of the final decision will include the
name and contact of the State Coordinator for homeless education
and will describe the appeal rights to the
State Coordinator. If the matter under appeal is a school
assignment and the appeal was not heard by the full board, the
written decision will also note that review of
the matter by the full board as required by state law is pending.
d. Appeal to the State Coordinator of the Board’s Decision
If the complainant is dissatisfied with the decision of the board or board
panel, he/she may file an oral or written appeal with the State Coordinator
for homeless education within three school days of receiving the board or
Avery County Schools Policy Code 4125 Page 7 of 10 panel’s decision. The State Coordinator will issue a final decision on the complaint. The appeal must include:
i. the name, physical address if available, e-mail address, and
telephone number of the complainant;
ii. the relationship or connection of the person to the child in
question;
iii. the name of the school system and the specific school in
question;
iv. the federal requirement alleged to have been violated;
v. how the requirement is alleged to have been violated; and
vi. the relief the person is seeking.
Within three school days following a request from the State Coordinator,
the homeless liaison shall provide the record of complaint, a copy of the
board or panel’s decision, and any other supporting documents necessary
to complete the record.
E. HOMELESS LIAISON The superintendent or designee shall appoint and train a school employee to serve as the homeless liaison. In addition to the duties specifically assigned elsewhere in this policy, the homeless liaison’s duties shall include, but not be limited to, the following: 1. ensuring that school personnel identify homeless children and youth; 2. ensuring school/preschool enrollment of and opportunities for academic success for homeless children and youth; 3. ensuring that homeless families and children have access to and receive educational services for which they are eligible; 4. ensuring that homeless families and children receive referrals to healthcare, dental, mental health and substance abuse, housing, and other appropriate services; 5. informing parents or guardians and any unaccompanied youth of available transportation services and helping to coordinate such services; 6. ensuring that public notice of the educational rights of homeless students is disseminated in locations frequented by parents or guardians and unaccompanied youth; 7. informing parents or guardians of educational and related opportunities available to their children and ensuring that parents or guardians have meaningful opportunities to participate in their children’s educations;
Avery County Schools Policy Code 4125 Page 8 of 10 8. communicating the dispute resolution process to parents, guardians, and unaccompanied youth experiencing homelessness; 9. helping to mediate enrollment disputes, including ensuring that a homeless child or youth is enrolled immediately pending final resolution of the dispute; 10. developing a uniform written notice that explains to parents, guardians, and unaccompanied youth their rights and the process for appealing a decision of school officials, as required by subsection D.1.b of this policy. The notice must be written in a simple and understandable format and translated to other languages as needed and practicable; 11. ensuring that when parents, students, and unaccompanied youth initiate the dispute resolution process, all parties comply with the dispute resolution policy and that parents, students, and unaccompanied youth are provided with the information listed in subsection D.1.b of this policy; 12. informing unaccompanied youth of their status as independent students and assisting in verifying such status for the purposes of the Free Application for Federal Student Aid; 13. ensuring that school personnel providing services to homeless students receive professional development and other support; 14. working with school personnel, the student, parents or guardians, and/or other agencies to obtain critical enrollment records, including immunization and medical records, in a timely manner; and 15. working with the superintendent or designee to identify board policies or procedures that might serve as a barrier to enrollment of homeless students, including those related to immunization records, uniforms or dress codes, school fees, and school admission.
Legal References: McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431, et seq.; Non-Regulatory Guidance on Education for Homeless Children and Youth Program U.S. Department of Education (July 2016); G.S. 115C-366(a2), -369; 16 N.C.A.C. 6H.0112; State Board of Education Policies SBOP -020, SPLN-000.
Cross References: Immunization Requirements for School Admission (policy 4110), Domicile or Residence Requirements (policy 4120), Discretionary Admission (policy 4130), School Assignment (policy 4150), Student Records (policy 4700)
Adopted: 10/18/07
Revised: 9/8/08; 5/09/17; 10/9/17; 5/14/19
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