D.C. Mun. Regs. tit. 5, r. 5-E2010

Current through Register 71, No. 45, November 7, 2024

Rule 5-E2010 - ENROLLMENT OF HOMELESS STUDENTS

2010.1

Homelessness alone is not a sufficient reason to deny children enrollment in a District of Columbia Public School. Homeless children, as defined in Section 5 -5099, must be immediately enrolled in a District of Columbia Public School. The LEA shall make a school placement based on the "best interest" of the homeless child, youth or unaccompanied minor. In determining "best interest," unless otherwise requested by the parent, the LEA must:

(a) To the extent feasible, continue the child or youth's education in the student's school of origin -

(1) for the duration of homelessness if a family becomes homeless between academic years or during an academic year; or

(2) for the remainder of the academic year if the child or youth becomes permanently housed during the academic year; or

(b) Enroll the child or youth in any public school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

(c) In determining "best interest" of the child or youth, the LEA shall consider the following:

(1) Continuity of instruction;

(2) Age of the child or youth;

(3) Safety of the child or youth;

(4) Length of stay in shelter;

(5) Likely area where family will find permanent housing;

(6) Student's need for special instructional programs;

(7) Impact of commute on education;

(8) Impact of transfer on the child's mental health;

(9) School placement of siblings;

(10) Time remaining in school year.

2010.2

If the LEA sends the child or youth to a school other than the school of origin or the school requested by the parent or guardian, the LEA must provide a written explanation to the parent or guardian, including the right to appeal under the enrollment dispute provision.

2010.3

In the case of an unaccompanied youth, the LEA homeless liaison must assist the youth in placement/enrollment decisions, consider the youth's wishes, and provide notice to the youth of the right to appeal under the enrollment dispute provisions.

2010.4

The school selected shall immediately enroll the homeless child or youth in school, even if the child or youth lacks records normally required for enrollment, such as previous academic records, medical records, birth certificate, proof of residency or other documentation.

2010.5

Nothing in this section shall be interpreted to supersede admission criteria established for schools or programs that have specific admissions requirements and selection criteria that have been approved by the Board of Education Section 2010.4 shall apply to all schools under the control and supervision of the Board of Education.

2010.6

Dispute Resolution. If a dispute arises between a school and parents or guardian or an unaccompanied youth, over school selection or enrollment, the LEA must immediately enroll the child or youth in the school in which the parent, guardian or unaccompanied youth seeks enrollment, pending the final resolution of the dispute including any appeals to the State Complaint Office.

(a) The child, youth, parent or guardian 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 youth to appeal the decision.

(b) The LEA must refer the child, youth, parent or guardian to the LEA Liaison, who must complete the dispute resolution process set forth in the State Plan as expeditiously as possible. In no case shall this process exceed 15 (fifteen) days from the receipt of a notice of appeal.

(c) If the dispute is not resolved by the LEA Liaison in the required timeframe, or the child, youth, parent or guardian is dissatisfied with the resolution, the child, youth, parent, or guardian may file a complaint with the State Complaint Office. The State Complaint Office must reach a final decision as expeditiously as possible. In no case shall this process exceed 15 (fifteen) days from the complaint filing date.

D.C. Mun. Regs. tit. 5, r. 5-E2010

Final Rulemaking published at 53 DCR 4130 (May 19, 2006)