File:
JECA
ADMISSION OF HOMELESS
CHILDREN
The Buena Vista City School Board is
committed to educating homeless children and youth. Homeless children and youth
shall not be stigmatized or segregated on the basis of their status as
homeless. The school division will coordinate the identification and provision
of services to such students with relevant local social services agencies and
other agencies and programs providing services to such students, and with other
school divisions as may be necessary to resolve interdivisional issues.
The
Buena Vista City School District
will serve each homeless student according to the student’s best interest and
will
·
continue
the student's education in the school of origin for the duration of
homelessness
·
if
the student becomes homeless between academic years or during an academic year;
or
·
for
the remainder of the academic year, if the student becomes permanently housed
during an academic year; or
·
enroll
the student in any public school that nonhomeless students who live in the
attendance area in which the student is actually living are eligible to attend.
In
determining the best interest of a homeless student, the Buena Vista City
School board shall
·
to
the extent feasible, keep the student in the school of origin, except when
doing so is contrary to the wishes of the student’s parent or guardian;
·
provide
a written explanation, including a statement regarding the right to appeal as
described below, to the homeless student’s parent or guardian, if the division
sends the student to a school other than the school of origin or a school
requested by the parent or guardian; and
·
in
the case of an unaccompanied youth, ensure that the district’s homeless liaison
assists in placement or enrollment decisions regarding the student, considers
the views of such unaccompanied youth, and provides notice to such youth of the
right to appeal described below.
Enrollment
The school selected in accordance with
this policy shall immediately enroll the homeless student, even if the student
is unable to produce records normally required for enrollment, such as previous
academic records, birth records, medical records, proof of residency, or other
documentation.
The
enrolling school shall immediately contact the school last attended by the student
to obtain relevant academic and other records.
If
the student needs to obtain immunizations, or immunization, birth, or medical
records, the enrolling school shall immediately refer the parent or guardian of
the student to the district’s homeless liaison, who shall assist in obtaining
necessary immunizations, or immunization, birth, or medical records.
If the documentation regarding the comprehensive
physical examination required by Policy JHCA cannot be furnished for a homeless
child or youth, and the person seeking to enroll the pupil furnishes to the
school division an affidavit stating that the documentation cannot be provided
because of the homelessness of the child or youth and also indicating that, to
the best of his or her knowledge, such pupil is in good health and free from
any communicable or contagious disease, the school division shall immediately
refer the student to the local school division homeless liaison who shall, as
soon as practicable, assist in obtaining the necessary physical examination by
the county or city health department or other clinic or physician's office and
shall immediately admit the pupil to school.
The
decision regarding placement shall be made regardless of whether the student
lives with the homeless parents or has been temporarily placed elsewhere.
Enrollment
Disputes.
If
a dispute arises over school selection or enrollment in a school
·
the
homeless student shall be immediately admitted to the school in which
enrollment is sought and provided all services for which he or she is eligible,
pending resolution of the dispute;
·
the
parent or guardian of the student shall be provided with a written explanation
of the school's decision regarding school selection or enrollment, including
the rights of the parent, guardian, or student to appeal the decision;
·
the
student, parent, or guardian shall be referred to the district’s homeless
liaison who shall carry out the appeal process as expeditiously as possible
after receiving notice of the dispute; and
·
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.
Appeal
Process
Oral
Complaint
In
the event that an unaccompanied student or the parent or guardian of a student
(hereinafter referred to as the Complainant) disagrees with a school’s decision
regarding the student’s eligibility to attend the school, the Complainant shall
orally present his position to the division’s homeless liaison.
Written
Complaint
If
the disagreement is not resolved within five (5) school days, the Complainant
may present a written complaint to the homeless liaison. The written complaint must include the
following information: the date the complaint is given to the homeless liaison;
a summary of the events surrounding the dispute; the name(s) of the school
division personnel involved in the enrollment decision; and the result of the
presentation of the oral complaint to the homeless liaison.
Within
five (5) school days after receiving the written complaint, the homeless
liaison will reach a decision regarding the contested enrollment and shall
provide a written statement of that decision, including the reasons therefore,
to the Complainant. The liaison will
inform the Superintendent of the formal complaint and its resolution.
Appeal
to Superintendent
If
the Complainant is not satisfied with the written decision of the homeless
liaison, the Complainant may appeal that decision to the Superintendent by
filing a written appeal. The homeless
liaison shall ensure that the Superintendent receives copies of the written
complaint and the response thereto. The
Superintendent or designee shall schedule a conference with the Complainant to
discuss the complaint. Within five (5)
school days of receiving the written appeal, the Superintendent, or designee,
shall provide a written decision to the Complainant including a statement of
the reasons therefore.
Comparable
Services
Each
homeless student shall be provided services comparable to services offered to
other students in the school attended by the homeless student including the
following:
·
transportation
services;
·
educational
services for which the student meets the eligibility criteria, such as services
provided under Title I, educational programs for children with disabilities,
and educational programs for students with limited English proficiency;
·
programs
in vocational and technical education;
·
programs
for gifted and talented students; and
·
school
nutrition programs.
Transportation
At
the request of the parent or guardian (or in the case of an unaccompanied
youth, the liaison), transportation will be provided for a homeless student to
and from the school of origin as follows:
·
if
the homeless child or youth continues to live in the area served by the
division in which the school of origin is located, the child's or youth's
transportation to and from the school of origin shall be provided or arranged
by the division in which the school of origin is located.
·
if
the homeless child's or youth's living arrangements in the area served by the
division in which the school of origin is located terminate and the child or
youth, though continuing his or her education in the school of origin, begins
living in an area served by another division, the division of origin and the
division in which the homeless child or youth is living shall agree upon a
method to apportion the responsibility and costs for providing the child with
transportation to and from the school of origin.
If
the divisions are unable to agree upon such method, the responsibility and
costs for transportation shall be shared equally.
Definitions:
The term “homeless student” means an individual who lacks
a fixed, regular, and adequate nighttime residence and includes:
·
children
and youths, including unaccompanied youths who are not in the physical custody
of their parents, who
a. are sharing the housing
of other persons due to loss of housing, economic hardship, or other causes;
are living in motels, hotels, trailer parks, or camping grounds due to the lack
of alternative adequate accommodations or in emergency, congregate, temporary,
or transitional shelters; are abandoned in hospitals; or are awaiting foster
care placement;
b.
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; or
c. are living in cars,
parks, public spaces, abandoned buildings, substandard housing, bus or train
stations, or similar settings; and
·
migratory
children who qualify as homeless for the purposes of this policy because the
children are living in circumstances described above.
The
term “migratory child” means a child who is, or whose parent or spouse is, a
migratory agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, has moved from one
school district to another in order to obtain, or accompany such parent or
spouse in order to obtain, temporary or seasonal employment in agricultural or
fishing.
The
term "school of origin" means the school that the student attended
when permanently housed or the school in which the student was last enrolled.
The term "unaccompanied youth" includes a youth
not in the physical custody of a parent or guardian.
Adopted: 08/23/04
_____________________________________________________________________
_____________________________________________________________________
Legal
Refs: 20 U.S.C. § 6399
42 U.S.C. §§
11302, 11431 et seq.
Code of Virginia, 1950 as
amended, §§ 22.1-3, 22.1-70, 22.1-78,
22.1-253.13:1.D.6.,
22.1-270.
Superintendent’s
Memo No. 64 (Dec. 5, 2003).
Cross
Refs: JEC School Admission
©
5/04 VSBA