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

  (1) Under the McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through 11435, homeless 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 of residency normally required for enrollment.

  (2) A homeless child or homeless youth shall:

  (a) be immediately enrolled even if the homeless youth does not have documentation required under Sections 53G-9-402, 302, 303, 304 and Title 53G, Chapter 6, Part 3, District of Residency;

  (b) be allowed to continue to attend his school of origin, to the extent feasible, unless it is against the parent'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

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

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

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

  (b) the place where an emancipated minor or an unaccompanied youth or accompanied youth's family keeps the family's belongings;

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

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

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

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

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

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

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

  (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.