Homeless Students: Enrollment Rights and Services
- The district will consider the best interest of the child in enrollment decisions;
- The district shall not deny or delay enrollment of homeless students;
- The district’s need for student contact information shall not be in a form or manner that constructs a barrier for homeless students. For example, homeless students may not be excluded for failure to have a mailing address or emergency contact information;
- The district’s liaison shall:
- Ensure that public notice is disseminated where homeless children receive services;
- The district’s liaison shall assure that students are identified by school personnel, enrolled in school and have a full and equal opportunity to succeed; and
- The district liaison shall inform parents and guardians of educational and related activities and inform parents of transportation services.
- Homeless Children and Youth 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.
- 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.
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.
- 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 student if such student is not in the physical custody of a parent or guardian, of the right to appeal. The district shall provide the parent or student not in the custody of a parent or guardian with written notice including:
- An explanation of the child’s placement and contact information for the district and the OSPI homeless liaison, including their roles;
- Notification of the parent/student’s right to appeal(s);
- Notification of the right to enroll in the school of choice pending resolution of the dispute;
- 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
- A summary of the federal legislation governing placement of homeless students (McKinney-Vento Act).
- Appeal to the School District Liaison – Level I
If the parent/student disagrees with the district’s placement decision, the parent/student 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 copy of the complaint must be forwarded to the liaison’s supervisor and the superintendent.
- Within five school business days of receiving the complaint, the liaison must provide the parent, or student in the case of a student not in the physical custody of a parent or guardian, with a written decision and notification of the parent/student’s right to appeal.
- The district will verify receipt of the Level I decision;
- If the parent/student wishes to appeal, notification must be provided to the district liaison within ten school business days of receipt of the Level I decision. The liaison shall provide the parent with an appeals package containing:
- The complaint filed with the district liaison at Level I;
- The decision rendered at Level I; and
- Additional information provided by the parent, student and/or homeless liaison, unaccompanied youth and/or homeless liaison.
- Appeal to the School Superintendent – Level II
The parent/student may appeal the district liaison’s decision to the superintendent or the superintendent’s designee using the appeals package provided at Level I.
- The superintendent will arrange for a personal conference to be held with the parent or student not in the physical custody of a parent or guardian within five school business days of receiving the Level I appeals package.
- Within five school business days of the conference, the superintendent will provide the parent/student with a written decision with supporting evidence and notification of their right to appeal to the OSPI.
- The district will verify receipt of the Level II decision.
- A copy of the superintendent’s decision will be forwarded to the district’s homeless liaison.
- If the parent or student not in the physical custody of a parent or guardian wishes to appeal to the OSPI, notification must be provided to the district homeless liaison within ten school business days of receipt of the Level II decision.
- Appeal to the Office of the Superintendent of Public Instruction – Level III
- The district superintendent shall forward a copy of the Level II decision and all written documentation to the OSPI homeless liaison within five school business days of rendering a decision. The district will submit the entire dispute package to the OSPI in one complete package by U.S. mail.
- 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;
- The OSPI’s decision will be forwarded to the district’s homeless liaison. The liaison will distribute the decision to the parent/student and the superintendent.
- The OSPI’s decision will be the final resolution for placement of a homeless child or youth in the district.
- The district will retain the record of all disputes, at each level, related to the placement of homeless children.
If districts are unable to resolve a dispute regarding the placement of a homeless student, either district may submit a written request to the Office of Superintendent of Public Instruction (OSPI) seeking resolution.
OSPI will resolve the dispute within 10 business days of notification of the dispute and inform all interested parties of the decision.
JC, School Attendance Areas
JEA, Compulsory Attendance Ages
JEC, School Admissions
JHCA/JHCB, Physical Examination/immunization
JO. Student Records
Title 1, Part C
42 U.S.C. 11431