No. 39786 (Amendment): Rule R277-616. Education for Homeless and Emancipated Students

(Amendment)

DAR File No.: 39786
Filed: 09/30/2015 11:09:03 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-616 is amended to provide technical and conforming changes.

Summary of the rule or change:

Technical and conforming changes are made throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-2-201(5)
• Article X, Section 3
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to the state budget.

local governments:

The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to local government.

small businesses:

The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are likely no compliance costs for affected persons. The amendments to the rule provide technical and conforming changes and do not provide compliance language.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

Brad C. Smith, State Superintendent

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:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-616. Education for Homeless and Emancipated Students.

R277-616-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized [under]by:

(a) Utah Constitution Article X, Section 3 , [of the Utah State Constitution,]which vests general control and supervision of public education in the Board;

(b) S ubsection 53A-1-401(3) , which allows the Board to adopt rules in accordance with its responsibilities[,];

(c) Section 53A-11-101.5 , which requires that minors between the ages of 6 and 18 attend school during the school year[,];

(d) S ubsection 53A-2-201(5) , which makes each school district or charter school responsible for providing educational services for all children of school age who reside in the school district or attend the school[,]; and

(e) the McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through 11435.

[B.](2) The purpose of this rule is to ensure that homeless children[/]or youth have the opportunity to attend school with as little disruption as reasonably possible.

 

R277-616-[1]2 . Definitions.

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

] [B.](1) "Domicile" means the place which a person considers to be the permanent home, even though temporarily residing elsewhere.

[C.](2) "Emancipated minor" means:

([1]a) a child under the age of 18 who has become emancipated through marriage or by order of a court consistent with Section 78A-6-801 et seq.; or

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

[D.](3) "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.](4) "Homeless child[/]" or "homeless youth" means a child who:

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

([2]b) has primary nighttime residence in a homeless shelter, welfare hotel, motel, congregate shelter, domestic violence shelter, car, abandoned building, bus or train station, trailer park, or camping ground;

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

([4]d) is, due to loss of housing or economic hardship, or a similar reason, living with relatives or friends usually on a temporary or emergency basis due to lack of housing; or

([5]e) is a runaway, a child or youth denied housing by his family, or school-age unwed mother living in a home for unwed mothers, who has no other housing available.

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

] [G.](5) "School district of residence for a homeless child[/]or youth" means the school 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.

[H. "USOE" means the Utah State Office of Education.

]

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

[A.](1) Under the McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through 11435, homeless [students]children are entitled to immediate enrollment and full participation even if they are unable to produce records which may include medical records, birth certificates, school records, or proof or residency normally required for enrollment.

[B.](2) A homeless [student]child or homeless youth shall:

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

([2]b) be allowed to continue to attend his school of origin, to the extent feasible, unless it is against the parent[/guardian]'s wishes;

(c) 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

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

[B.](2) A [D]determination of a residence or domicile for a homeless youth or emancipated minor may include consideration of the following criteria:

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

([2]b) the place where an emancipated minor or an unaccompanied [child/]youth or accompanied [child's/]youth's family keeps [its]the family's belongings;

([3]c) the place which an emancipated minor or an unaccompanied [child/]youth or accompanied [child's/]youth's parent considers to be home; or

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

[C.](3) Determination of a residence or domicile for a homeless youth or emancipated minor may not be based upon:

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

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

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

[D.](4) If there is a dispute as to the residence or the status of an emancipated minor or an unaccompanied [child/]youth, the issue may be referred to the [USOE]Superintendent for resolution.

[E.](5) The purpose of federal homeless education legislation is to ensure that a child's education is not needlessly disrupted because of homelessness.

(6) 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.](1) 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 school district in which the guardian resides.

[B.](2) If a child's residence has been established by transfer of legal guardianship, no tuition may be charged by the new school district of residence.

 

KEY: compulsory education, students' rights

Date of Enactment or Last Substantive Amendment: [August 8, 2011]2015

Notice of Continuation: September 28, 2015

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

 

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