DAR File No. 29041

Education, Administration

R277-616

Education for Homeless and Emancipated Students and State Funding for Homeless and Economically Disadvantaged Ethnic Minority Students

NOTICE OF PROPOSED RULE

DAR File No.: 29041
Filed: 09/15/2006, 05:24
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to align the language of the rule with new federal regulations regarding the education of homeless students.

Summary of the rule or change:

The amendments provide for a new definition and an amended definition, add new language in the criteria for determining where a homeless or emancipated student shall attend school, and provide for inclusion of charter schools within the rule.

State statutory or constitutional authorization for this rule:

Subsections 53A-17a-121(2) and 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The rule has amended requirements for school districts; not state requirements.

local governments:

There are no anticipated costs or savings to local government. School districts are currently serving homeless students consistent with previous and current law.

other persons:

There are no anticipated costs or savings to other persons. All homeless students will be served without cost consistent with the law and this rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. All homeless students will be served without cost consistent with the law and this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2006

This rule may become effective on:

11/08/2006

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-616. Education for Homeless and Emancipated Students and State Funding for Homeless and Economically Disadvantaged Ethnic Minority Students.

R277-616-1. Definitions.

[H]A. "Board" means the Utah State Board of Education.

[A]B. "Domicile" means the place which a person considers to be the permanent home, even though temporarily residing elsewhere.

[B]C. "Economically disadvantaged" means a student who is eligible for reduced price or free school lunch.

[C]D. "Emancipated minor" means:

(1) a child under the age of 18 who has become emancipated by order of a court or through marriage, or

(2) a child recommended for school enrollment as an emancipated or independent or homeless child by an authorized representative of the Utah State Department of Social Services.

E. "Enrolled" for purposes of this rule means a student has the opportunity to attend classes and participate fully in school and extracurricular activities based on academic and citizenship requirements of all students.

[E]F. "Ethnic minority student" means non-Caucasian students as identified below:

(1) American Indian or Alaskan native;

(2) Hispanic/Latino;

(3) Asian;

(4) Pacific Islander;

(5) Black/African American, not of Hispanic origin;

(6) Other;

(7) The total of ethnic minority students per school shall be determined annually on October 1.

[D]G. "Homeless child" means a child who:

(1) lacks a fixed, regular, and adequate residence;

(2) has primary nighttime residence in a homeless shelter, welfare hotel, congregate shelter, or domestic violence shelter;

(3) sleeps in a public or private place not ordinarily used as a regular sleeping accommodation for human beings;

(4) is, out of necessity, living with relatives or friends usually on a temporary or emergency basis due to lack of housing; or

(5) is a runaway.

[F]H. "Parent" means a parent or guardian having legal custody of a minor child.

[G]I. "School district of residence for a homeless child" means the district in which the student or the student's legal guardian or both currently resides or the charter school that the student is attending for the period that the student or student's family satisfies the homeless criteria.

[I]J. "USOE" means the Utah State Office of Education.

 

R277-616-2. Authority and Purpose.

A. This rule is authorized under Article X, Section 3 of the Utah State Constitution, Section 53A-17a-121(2) which directs the Board to develop [standards]rules for districts and charter schools to spend[ing] monies for homeless and ethnic minority students, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, Section 53A-11-101 which requires that minors between the ages of 6 and 18 attend school during the school year of the district of residence, and by Section 53A-2-201([3]5) which makes each school district or charter school responsible for providing educational services for all children of school age who reside in the district or attend the school.

B. The purpose of this rule is to ensure that homeless children have the opportunity to attend school with as little disruption as reasonably possible and that funds for homeless and economically disadvantaged ethnic minority students are distributed equitably and efficiently to school districts and charter schools.

 

R277-616-3. Criteria for Determining Where a Homeless or Emancipated Student Shall Attend School.

A. Under the McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through 11435, homeless students are entitled to immediate enrollment and full participation even if they are unable to produce records normally required for enrollment.

[A]B. A homeless student [may]shall:

(1) be immediately enrolled even if the student does not have documentation required under Sections 53A-11-201, 301, 302, 302.5 and Section 53A-2-201 through 213;

([1]2) be allowed to continue [for the remainder of the school year, to attend the school which the child attended prior to becoming homeless,]to attend his school of origin, to the extent feasible, unless it is against the parent/guardian's wishes; be permitted to remain in the student's school of origin for the duration of the homelessness and until the end of any academic year in which the student moves into permanent housing; or

([2]3) transfer to the school district of residence or charter school if space is available as defined under Subsection R277-616-1[G]I.

B. Determination of residence or domicile may include consideration of the following criteria:

(1) the place, however temporary, where the child actually sleeps;

(2) the place where an emancipated child or an unemancipated child's family keeps its belongings;

(3) the place which an emancipated child or an unemancipated child's parent considers to be home; or

(4) such recommendations concerning a child's domicile as made by the State Department of Human Services.

C. Determination of residence or domicile may not be based upon:

(1) rent or lease receipts for an apartment or home;

(2) the existence or absence of a permanent address; or

(3) a required length of residence in a given location.

D. If there is a dispute as to residence or the status of a child as an emancipated minor, the issue may be referred to the USOE for resolution.

E. The purpose of federal homeless education legislation is to ensure that a child's education is not needlessly disrupted because of homelessness.[ (See P.L. 177, July 22, 1989, Stuart B. McKinney, Subtitle B, Education for Homeless Children and Youths, Sections 721 and 722)] If a child's residence or eligibility is in question, the child shall be admitted to school until the issue is resolved.

 

R277-616-4. Transfer of Guardianship.

A. If guardianship of a minor child is awarded to a resident of a school district by action of a court or through appointment by a school district under Section 53A-2-202, the child becomes a resident of the district in which the guardian resides.

B. If a child's residence has been established by transfer of legal guardianship, no tuition may be charged by the new district of residence.

 

R277-616-5. School District Funding for Homeless Students and Economically Disadvantaged Ethnic Minority Students.

A. Funds appropriated for homeless and economically disadvantaged ethnic minority students shall be distributed as outlined under 53A-17a-121([4]3).

B. For purposes of determining the homeless student count, a district[s] or a charter school shall count annually the number of homeless students served in the district or charter school.

C. If a student satisfies the homeless criteria at more than one time during the school year in the same district or charter school, the student shall be counted once.

 

KEY: compulsory education, students' rights

Date of Enactment or Last Substantive Amendment: [July 2, 1998]2006

Notice of Continuation: November 23, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-2-201([3]5); 53A-2-202; 53A-17a-121([4]3)