Instruction Education of Homeless
Children Each child of a homeless individual and each homeless youth has equal access to the
same free, appropriate public education, as provided to other children and youths, including a public pre-school education.
A “homeless child” is defined as provided in the McKinney Homeless Assistance Act and State law. The Superintendent
shall act as or appoint a Liaison for Homeless Children to coordinate this policy’s implementation. A
homeless child may attend the District school that the child attended when permanently housed or in which the child was last
enrolled. A homeless child living in any District school’s attendance area may attend that school. The
Superintendent or designee shall review and revise rules or procedures that may act as barriers to the enrollment of homeless
children and youths. In reviewing and revising such procedures, consideration shall be given to issues concerning transportation,
immunization, residency, birth certificates, school records and other documentation, and guardianship. Transportation
shall be provided in accordance with the McKinney Homeless Assistance Act and State law. The Superintendent or designee
shall give special attention to ensuring the enrollment and attendance of homeless children and youths who are not currently
attending school. If a child is denied enrollment or transportation under this policy, the Liaison for Homeless Children
shall immediately refer the child or his or her parent/guardian to the ombudsperson appointed by the Regional Superintendent
and provide the child or his or her parent/guardian with a written explanation for the denial. Whenever a child and
his or her parent/guardian who initially share the housing of another person due to loss of housing, economic hardship, or
a similar hardship continue to share the housing, the Liaison for Homeless Children shall, after the passage of 18 months
and annually thereafter, conduct a review as to whether such hardship continues to exist in accordance with State law.
LEGAL REF.: McKinney Homeless Assistance Act, 42 U.S.C.
§11431 et seq. 105 ILCS 45/1-1 et seq. CROSS
REF.: 2:260 (Uniform Grievance Procedure), 4:110 (Transportation), 7:10 (Equal
Educational Opportunities), 7:30 (Student Assignment), 7:50 (School Admissions and Student Transfers To and From Non-District
Schools), 7:60 (Residence), 7:100 (Health Examinations, Immunizations, and Exclusion of Students) ADMIN.
PROC.: 6:140-AP (Education of Homeless Children) Instruction Administrative Procedure - Education of Homeless
Children Actor
| Action | Superintendent
Preliminary Steps | Serve
as or designate an appropriate staff person, who may also be a coordinator for other federal programs, to serve as a Liaison
for Homeless Children. [42 U.S.C. §11432 (g)(1)(J)(ii).] Under the McKinney
Homeless Assistance Act (42 U.S.C. §11434a), “homeless children” means individuals who lack a fixed, regular,
and adequate nighttime residence (within the meaning of Section 103(a)(1). The term includes: [42 U.S.C. §11434a.]
1. 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; 2. 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); 3.
Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings; and 4. Migratory
children (Sec. 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless under this subtitle
because the children are living in clauses (a) through (c) above. Under State law [105 ILCS 45/1-5], “homeless person, child, or youth” includes, but is not limited
to, any of the following: 1. An individual
who lacks a fixed, regular, and adequate nighttime place of abode. 2. An
individual who has a primary nighttime place of abode that is: a.
A supervised publicly or privately operated shelter designed to provide temporary living accommodations
(including welfare hotels, congregate shelters, and transitional housing); b.
An institution that provides a temporary residence for individuals intended to be institutionalized;
or c. A public or
private place not designed for or ordinarily used as a regular sleeping accommodation for human beings. |
Liaison for Homeless Children Duties | Ensure that homeless children are identified by school personnel
and through coordinated activities with other entities and agencies. [42 U.S.C. §11432(g)(6)(A)(i).] Ensure that homeless children enroll in, and have full and equal opportunity to succeed in District programs.
[42 U.S.C. §11432(g)(6)(A)(ii).] Ensure
that homeless families and children receive educational services for which they are eligible and make referrals to health,
mental health, dental, and other appropriate services. [42 U.S.C. §11432(g)(6)(A)(iii).] Inform parent(s)/guardian(s) of educational and related opportunities available to their child or ward, and
provide them with meaningful opportunities to participate in their child or ward’s education. [42 U.S.C. §11432(g)(6)(A)(iv).]
Disseminate public notice of the educational rights of homeless students in the location
where homeless children receive services (such as schools, family shelters, and soup kitchens). [42 U.S.C. §11432(g)(6)(A)(v).]
Mediate enrollment disputes to: [42 U.S.C. §11432(g)(3)(E) and [42 U.S.C. §11432(g)(6)(A)(vi).]
a. Ensure the child is
immediately admitted to the school in which enrollment is sought, pending resolution of the dispute; b. Provide the homeless child’s parent/guardian
with a written explanation of the school's decision regarding school selection or enrollment, including their rights to
appeal the decision; c. Complete
the dispute resolution process as expeditiously as possible; and d.
In the case of an unaccompanied youth, ensure that the youth is immediately enrolled in school pending
resolution of the dispute. Fully inform the parent/guardian of a homeless child,
and any unaccompanied youth, of all transportation services and assist in accessing transportation services. [42
U.S.C. §11432(g)(6)(A)(vii).] Assist unaccompanied youth in placement/enrollment
decisions, consider the youth’s wishes in those decisions, and provide notice to the youth of the right to appeal
such decisions. [42 U.S.C. §11432(g)(3)(B)(ii).] Assist children
who do not have immunizations or medical records in obtaining necessary immunizations and/or medical records. [42
U.S.C. §11432(g)(3)(C)(iii).] Collaborate with State and local social service
agencies that provide services to the homeless as well as with community and school personnel responsible for the provision
of education and related services to homeless children and youths. [42 U.S.C. §11432(g)(5)(A) and (g)(6)(C).]
Conduct a hardship review whenever a child and his or her parent/guardian who initially
share the housing of another person due to loss of housing, economic hardship, or a similar hardship continue to share
the housing; a hardship review should be performed after the passage of 18 months and annually thereafter. [105 ILCS 45/1-25(a-5),
as amended by P.A. 94-235.] Refer the child or his or her parent/guardian to the
ombudsperson appointed by the Regional Superintendent whenever a school denies a homeless child enrollment or transportation,
and provide the child or his or her parent/guardian with a written statement of the basis for the denial. [105 ILCS
45/1-25(a), as amended by P.A. 94-235.] | Parent(s)/guardian(s) Assignment
| Choose the child’s attendance center between the following options [105 ILCS
45/1-10 controls because it exceeds the rights granted to parent(s)/guardian(s) in federal law.]: a. Continuing the
child’s education in the school of origin for as long as the child remains homeless or, if the child becomes permanently
housed, until the end of the academic year during which the housing is acquired; or b. Enrolling the child
in any school that non-homeless students who live in the attendance area in which the child or youth is actually living
are eligible to attend. 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. [42 U.S.C. §11432(g)(3)(G) and 105 ILCS 45/1-5.] | Building Principal Where Homeless Student Will be Enrolled Enrollment | Shall immediately enroll the homeless child, even if the
child is unable to produce records normally required for enrollment, e.g., previous academic records, medical records,
proof of residency, or other documentation. [42 U.S.C. §11432(g)(3)(C)(i) and 105 ILCS 45/1-20.] Shall immediately contact the school last attended by the child to obtain relevant academic and other records.
[42 U.S.C. §11432(g)(3)(C)(ii) and 105 ILCS 45/1-10.] If the child needs
to obtain immunizations, or immunization or medical records, shall immediately refer the child’s parent/guardian
to the Liaison for Homeless Children. [42 U.S.C. §11432(g)(3)(C)(iii) and 105 ILCS 45/1-10.] Maintain records for the homeless student that are ordinarily kept for students according to District policy
and procedure on student school records. [42 U.S.C. §11432(g)(3)(D).] Ensure
each homeless student is provided services comparable to services offered to other students including the following:
[42 U.S.C. §11432(g)(4).] a. Transportation
services; b. Educational
services for which the student meets the eligibility criteria, such as services provided under Title I of the Elementary
and Secondary Education Act of 1965 or similar State or local programs; c.
Educational programs for children with disabilities and educational programs for students with limited
English proficiency; d. Programs
in vocational and technical education as well as programs for gifted and talented students; and e. School nutrition programs. Shall require a parent/guardian of a homeless student, if available, to submit contact information. [42 U.S.C.
§11432(g)(3)(H) and 105 ILCS 45/1-20.] | Transportation Director and Building Principal Where Homeless Student Will be Enrolled Transportation | Ensure transportation is provided a homeless student, at the request of the parent/guardian
(or in the case of an unaccompanied youth, the Liaison), to and from the school of origin. [42 U.S.C. §11432(g)(1)(J)(iii);
State law, found at 105 ILCS 45/1-15, is superseded by federal law.] 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. [42 U.S.C.
§11432(g)(3)(G).] Transportation shall be arranged as follows: [42 U.S.C. §11432(g)(1)(J)(iii).] 1. If the homeless
student continues to live in the area served by the school district in which the school of origin is located, the student’s
transportation to and from the school of origin shall be provided or arranged by the district in which the school of origin
is located. 2. If
the homeless student’s living arrangements in the area served by the district of origin terminate and the student,
though continuing his or her education in the school of origin, begins living in an area served by another school district,
the district of origin and the district in which the homeless student is living shall agree upon a method to apportion
the responsibility and costs for providing the student with transportation to and from the school of origin. If the
local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall
be shared equally. | Superintendent or Designee
Dispute | If a dispute arises, shall
inform the homeless child’s parent(s)/guardian(s) of the availability of an investigator, sources for low-cost or
free legal assistance, and other advocacy services in the community. Each
Regional Superintendent appoints an ombudsperson to provide resource information and resolve disputes at schools within
his or her jurisdiction relating to the rights of homeless children under this Act. [105 ILCS 45/1-25, as amended
by P.A. 94-235.] The Homeless Family Placement Act governs shelter placement. [310 ILCS 85/1 et seq.]
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