(1) Equal access to school. Nothing in this article 33 shall be construed to prohibit a
child or youth from attending a public school without the payment of tuition solely
because the child or youth is a homeless child as defined in section 22-1-102.5.
(2) Place of residence of a homeless child or youth. A child or youth found
to be homeless pursuant to the provisions of section 22-1-102.5 may be deemed by
the school districts described in this subsection (2), taking into consideration the
best interests of the child or youth, to reside in:
(a) The school district where the child or youth presently seeks shelter or is
located; or
(b) For so long as the child or youth remains homeless, the school district in
which the child's or youth's school of origin is located; except that a child or youth
who, subsequent to becoming homeless, becomes permanently housed in the same
school year may be deemed to reside in the school district of the school of origin,
but only for the remainder of the school year.
(3) School stability. In determining the best interests of a homeless child for
purposes of subsection (2) of this section, the school districts described in
subsection (2) of this section shall:
(a) To the extent feasible and except when it is against the wishes of the
homeless child's parent or legal guardian or against the wishes of an
unaccompanied homeless child, keep the homeless child in the homeless child's
school of origin;
(b) Provide a written explanation in a manner and form understandable to the
parent, legal guardian, or unaccompanied homeless child, including a statement
regarding the right to appeal pursuant to subsection (4) of this section, to the
parent or legal guardian of the homeless child, if the school districts send the
homeless child to a school other than the child's or youth's school of origin or to a
school other than the school requested by the parent or legal guardian;
(c) In the case of an unaccompanied homeless child, assure that the
homeless education liaison designated by one of the school districts pursuant to
subsection (7) of this section assists in the placement or enrollment decisions,
considers the school preference of the unaccompanied homeless child, and
provides notice of the right to appeal pursuant to subsection (4) of this section to
the unaccompanied homeless child.
(4) Disputes. (a) If a homeless child's parent or legal guardian or an
unaccompanied homeless child disagrees with the decision of the school districts
pursuant to subsection (2) of this section, the homeless child shall be immediately
enrolled in the school selected by the homeless child's parent or legal guardian or,
in the case of an unaccompanied homeless child, by the child or youth, pending
resolution of the dispute through the appeal process created by the department of
education pursuant to subsection (4)(b) of this section.
(b) Consistent with federal requirements, the department of education shall
create an appeal process for a parent or legal guardian of a homeless child or an
unaccompanied homeless child to pursue if the parent or legal guardian or the
unaccompanied homeless child disagrees with the decision of the school districts
pursuant to subsection (2) of this section.
(5) Enrollment and full participation. (a) The school selected for a homeless
child pursuant to this section shall immediately enroll the homeless child, even if
the child or youth has missed application or enrollment deadlines during any period
of homelessness or the child or youth lacks records normally required prior to
enrollment. Once enrolled, the child or youth must have a full and equal opportunity
to succeed at the school.
(b) The enrolling school shall immediately contact the school last attended
by the homeless child to obtain any records necessary for enrollment.
(c) If the homeless child's immunizations are incomplete or if the homeless
child's immunization records are unavailable, the enrolling school shall arrange for
such immunizations as may be necessary.
(6) Transportation. (a) If it is determined pursuant to subsection (2) of this
section that the best interest of a homeless child is to continue his or her education
at the school of origin, including preschool, and the homeless child presently seeks
shelter or is located in another school district, and the homeless child's parent or
legal guardian or the homeless education liaison, on behalf of an unaccompanied
homeless child, requests transportation to and from school, the school district
where the homeless child presently seeks shelter or is located and the school
district in which the school of origin is located shall agree upon a method to
apportion cost and responsibility for the transportation of the homeless child to the
school district where the homeless child is attending, or, in the alternative, each
school district shall share equally in the cost and responsibility for transportation.
(b) If a homeless child continues to reside in the school district in which the
school of origin is located, such school district, upon request of the homeless
child's parent or legal guardian or upon request of the homeless education liaison,
on behalf of an unaccompanied homeless child, shall arrange or provide for
transportation of the homeless child to and from school.
(7) Liaison. The board of education of each school district in the state shall
designate one or more of the employees of the school district to act as a homeless
education liaison. The homeless education liaison shall facilitate a homeless child's
access to and success in school. The homeless education liaison shall also assist in
the mediation of any disputes concerning school enrollment, assist in making
arrangements for transportation of the homeless child to and from school, assist in
requesting school and immunization records, and assist any unaccompanied
homeless child in making enrollment decisions. On or before the pupil enrollment
count day, the homeless education liaison in each school district shall report to the
department of education the number of homeless children enrolled in the school
district.
(8) Credit accrual and college readiness. (a) The homeless education liaison
must ensure that a homeless child or youth and an unaccompanied homeless child
or youth have the opportunity to meet the same state academic achievement
standards as other children and youth by removing barriers that prevent a homeless
child or youth and an unaccompanied homeless child or youth from receiving credit
for full or partial coursework.
(b) Counseling must be provided to a homeless child or youth and to an
unaccompanied homeless child or youth to assist the homeless child or youth and
unaccompanied homeless child or youth by advising, preparing, and improving
access to postsecondary options. Counseling must include providing prospective
qualifying students with information about the financial assistance program for
students experiencing homelessness created in section 23-3.3-1502.
(c) Pursuant to section 23-3.3-1503 (3), the department of education shall
provide school district data identifying prospective qualifying students based on
student level status pursuant to the federal McKinney-Vento Homeless Assistance
Act, 42 U.S.C. sec. 11301, as amended, and other data already collected by the
department of education, to the department of higher education for academic year
2023-24 by July 1, 2024, and for future academic years, on each January 20
thereafter.
(9) Definitions. As used in this section, unless the context otherwise
requires:
(a) School of origin means the school a child or youth attended at the time
the child or youth became homeless, or, if the child or youth became homeless
during a period that he or she was not attending school, the last school the child or
youth attended prior to becoming homeless.
(b) Unaccompanied homeless child means a child or youth who meets the
requirements of section 22-1-102.5 who is not in the physical custody of a parent or
legal guardian.