Code: JFABD
This policy develops process
and procedures as per Maine Department of Education regulations.
05-071 DEPARTMENT OF EDUCATION
Chapter 014: Regulations regarding school board policies on exceptions to the general residency rules, and education of homeless students.
Education Access for Homeless Students
Summary: This chapter defines a homeless student, procedures for enrolling the student in public school, a process for resolving disputes of residency and assures access to appropriate education in public schools for a homeless student.
Contents
1. Definitions
1.1 Homeless Student
1.2
1.3
2. Education Access for
Homeless Students
2.1 Designated School
2.2 Services to be Provided
2.3 Transportation
3. Resolution of Disputes
Regarding Educational Placement of Students
3.1 Informal Procedure
3.2 Formal Appeal
3.3 Enrollment Status of Student During
Resolution Process
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Chapter 014: Regulations Regarding School Board Policies on Exceptions to the General Residency Rules Education Access for Homeless Children and Youth
1. DEFINITIONS:
1.1 Homeless Student
A homeless student means a student eligible to attend elementary or secondary school, pursuant to 20-A M.R.S.A. section 5201, who:
A. Lacks a fixed, regular and adequate night time residence;
B. Has a primary night time residence that is:
(1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill;
(2) An institution that provides temporary residence for individuals intended to be institutionalized; or
(3) A public or private place not designed for, or originally used as, a regular sleeping accommodation for human beings; or
C. Is the child of a parent or guardian to whom paragraph A or B
applies.
The term "homeless student" does not include a person housed
in a correctional facility, jail, or detention facility.
1.2
The school of origin shall mean the school that the student attended when permanently housed, the school in which the student was last enrolled, or the school which the student would have been entitled to attend upon reaching the appropriate school age or grade. The school unit of origin shall mean the school administrative unit in which the school of origin is located.
1.3
The school of current location shall mean the school that non-homeless students are eligible to attend in the attendance area in which the homeless student is currently located. The school unit of current location shall mean the school administrative unit in which the school of current location is located.
2. EDUCATION ACCESS FOR HOMELESS STUDENTS
2.1 Designated School
A. The parent, an adoptive parent or guardian of a homeless
student shall determine whether the homeless student shall attend:
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(1) the school of origin for the remainder of the academic year or
in any case in which a family becomes homeless between academic years, for the
following academic year; or
(2) the school of current location, whichever is in the best
interest of the homeless student.
B. In the event that a parent, an adoptive parent or a legal
guardian is unavailable to make the determination described in paragraph (A),
that determination shall be made by a social worker or by the homeless student.
C. The determination described in paragraph (A) shall be made
regardless of whether the homeless student is living with homeless parents or
has been temporarily placed elsewhere by the parents.
2.2 Services
to be provided
Whether a homeless student attends school in the school
of current location or the school of origin, such student shall have immediate
access to education in that school unit.
Such student shall be provided services comparable to services available
to other students in the designated school.
These services shall include, but not be limited to, educational
services for which the student meets relevant eligibility criteria, such as
compensatory education programs for the disadvantaged; education programs for
students with disabilities and for students with limited English proficiency;
programs in vocational education; programs for the gifted and talented; school
meals; before and after school care programs.
2.3 Transportation
A homeless student who has enrolled in the school of
current location (pursuant to section 2.1) shall be provided transportation by
the school unit of current location.
Transportation for a homeless student who has enrolled
in the school of origin shall be arranged by the superintendent of the school
of origin (pursuant to section 2.1) through an agreement with the
superintendent of the school unit of current location, provided that these
school units are contiguous.
3. RESOLUTION OF DISPUTES REGARDING EDUCATIONAL PLACEMENT OF HOMELESS STUDENTS
3.1 Informal
Process
In the event that the superintendent of a school unit
designated pursuant under 2.1 believes that the determination is not in the
best interest of the homeless student, the superintendent or a designee may
seek informal resolution through the Coordinator of Education for Homeless
Children and Youth. The Coordinator
shall attempt to resolve the dispute within 20 school days from the date of the
request.
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3.2 Formal Appeal
A. In the event that informal procedure described in subsection 1
has not resolved the dispute, or as an alternative to the informal procedure,
the superintendent of the designated school unit or a designee may formally
appeal that determination to the Commissioner of Education or the
Commissioner's designee.
B. The appeal shall be made on forms provided by the Commissioner
and shall contain such information as the Commissioner requires. If the appealing superintendent believes that
the interests of the homeless student would be best served by enrollment in
another specific school unit, the superintendent shall identify that other
school unit. The Commissioner shall
provide notice of the appeal to any other school unit identified and to the
parent or person in parental relations to the homeless student, to a social
worker or to the homeless student him/herself, as the case may be. The Commissioner may request a response and
any other information from these parties.
C. The Commissioner shall determine which school is responsible
for educating the homeless student. In
making this determination the Commissioner shall be making this determination
the Commissioner shall be guided only by the best interests of the homeless
student. This shall include, but not be
limited to: (1) an assessment of the student's social, educational, and
physical needs related to the homeless situation; (2) a review of other options
available to the student for education; and (3) other information from school
authorities and out-of-school agencies.
D. The Commissioner shall have the discretion to provide a hearing
or opportunity for a hearing to decide the appeal. Any hearing shall be conducted as an
adjudicatory proceeding for purposes of the Maine Administrative Procedure Act,
5 MRSA section 8001 et seq. and shall follow the hearing procedures set
forth in 5 MRSA section 9051 et seq.
E. The decision of the Commissioner shall be final agency action
for purposes of the Maine Administrative Procedure Act and may be appealed to
Superior Court as set forth in 5 MRSA section 11001 et seq. The Commissioner may defer the effective date
of the decision when mandated by the need for continuity of education or the
best interests of the homeless student.
3.3 Enrollment Status of Student During
Resolution Process
During the pendency of the informal procedure or a
formal appeal, the homeless student shall remain enrolled in the school
designated pursuant to section 2.1 and shall receive all services to which the
student is entitled under section 2.2 and 2.3.
STATUTORY AUTHORITY: 20-A MRSA
Sections 261 and 5205 (7)
First
Adopted:
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