2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › SCHOOL DISTRICTS (§§ 22-30-101 — 22-38-115) › Article 33 - School Attendance Law of 1963 (§§ 22-33-101 — 22-33-205) › Part 1 - SCHOOL ATTENDANCE LAW OF 1963 (§§ 22-33-101 — 22-33-112) › Section 22-33-103.5 - Attendance of homeless children and youth - definitions

(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.
Amended by 2024 Ch. 124,§ 3, eff. 4/29/2024.
Amended by 2018 Ch. 364, § 6, eff. 8/8/2018.
L. 90: Entire section added, p. 1041, § 4, effective April 3. L. 97: Entire section amended, p. 982, § 3, effective May 22. L. 2002: Entire section amended, p. 202, § 1, effective July 1. L. 2012: (7) amended, (HB 12-1090), ch. 44, p. 153, § 14, effective March 22. L. 2018: Entire section amended, (HB 18-1306), ch. 364, p. 2183, § 6, effective August 8.
For the legislative declaration in HB 18-1306, see section 1 of chapter 364, Session Laws of Colorado 2018.