North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-08 - Homeless Children Education › Chapter 67-08-01 - Homeless Children Education › Section 67-08-01-03 - Responsibility

Current through Supplement No. 393, July, 2024
Each district in North Dakota shall:
1. Locate and identify children and youth
				experiencing homelessness within the district, whether or not they are
				enrolled;
2. Post notice of rights,
				that provides information regarding the educational rights of children and
				youth experiencing homelessness, in all school buildings as well as other
				locations in the district where services or assistance is provided to those
				experiencing homelessness.
3.
				Examine and revise, if necessary, existing school policies or rules that create
				barriers to the enrollment of children or youth experiencing homelessness.
				Examination and revision include identifying and removing barriers that prevent
				such children and youth from receiving appropriate credit for full or partial
				coursework satisfactorily completed while attending a prior school, in
				accordance with state, local, and school policies. Examination and revision
				also include ensuring homeless children and youth who meet the relevant
				eligibility criteria do not face barriers to accessing academic and
				extracurricular activities, including magnet school, summer school, career and
				technical education, advanced placement, online learning, and charter school
				programs, if such programs are available at the state and local levels. School
				districts are encouraged to cooperate with agencies and organizations for the
				homeless to explore comprehensive, equivalent alternative educational programs
				and support services for children and youth experiencing homelessness to
				implement the intent of these rules.
4. Enact a policy prohibiting the segregation
				of children and youth experiencing homelessness from other students enrolled in
				the public school district.
5.
				Immediately enroll a child or youth experiencing homelessness, pending
				resolution of any dispute regarding in which school the child or youth shall be
				enrolled.
6. Determine school
				placement based on the best interests of a child or youth experiencing
				homelessness. Each district, to the extent feasible, shall keep a child or
				youth who is experiencing homelessness in the school of origin, except when
				doing so is contrary to the wishes of the child's or youth's parents or
				guardian. If the child or youth becomes permanently housed during an academic
				year, enrollment must continue in the school of origin for the remainder of
				that academic year unless the parents agree otherwise.
7. Designate an appropriate staff person as
				local homeless liaison who is able and has been trained to carry out the
				following duties:
a. Ensure children and youth
				experiencing homelessness are identified by school personnel through outreach
				and coordination activities with other entities and agencies;
b. Ensure children and youth experiencing
				homelessness are enrolled in, and have a full and equal opportunity to succeed
				in, schools of the district;
c.
				Ensure families, children and youth experiencing homelessness receive
				educational services for which they are eligible, including services through
				head start programs, including early head start programs, under the Head Start
				Act [
				42 U.S.C.
				9831, et seq.], early intervention services
				under part C of the Individuals With Disabilities Education Act [
				20 U.S.C.
				1431, et seq.], and other preschool programs
				administered by the district, and referrals to health care services, dental
				services, mental health services, and other appropriate services;
d. Ensure families and children and youth
				experiencing homelessness receive referrals to health care services, dental
				services, mental health and substance abuse services, housing services, and
				other appropriate services;
e.
				Ensure the parents or guardians of children and youth experiencing homelessness
				are informed of the educational and related opportunities available to their
				children and are provided with meaningful opportunities to participate in the
				education of their children;
f.
				Ensure public notice of the educational rights of children and youth
				experiencing homelessness are disseminated in locations frequented by parents
				or guardians of such children and youth, and unaccompanied youth, including
				schools, shelters, public libraries, and soup kitchens, in a manner and form
				understandable to the parents and guardians of children and youth experiencing
				homelessness and unaccompanied youth;
g. Ensure enrollment disputes are mediated in
				accordance with
				42
				U.S.C. 11432(g)(3)(E), which
				requires the following:
(1) The child or youth
				must immediately be enrolled in the school in which enrollment is sought
				pending resolution of the dispute;
(2) The parent or guardian of the child or
				youth must be provided written explanation of the school's decision regarding
				school selection or enrollment, including the rights of the parents, guardian,
				or youth to appeal the decision;
(3) In the case of an unaccompanied youth,
				the local educational agency liaison shall ensure the youth is enrolled
				immediately in the school in which enrollment is sought pending resolution of
				the dispute.
h. Ensure
				the parent or guardian of a child or youth experiencing homelessness, or the
				unaccompanied youth, is informed fully of all transportation services and is
				assisted in accessing transportation to the school of enrollment;
i. Ensure school personnel receive
				professional development and other support;
j. Ensure unaccompanied youth:
(1) Are enrolled in school;
(2) Have opportunities to meet the same
				challenging academic standards as are established for other children and youth,
				including implementation of the procedures under the Every Student Succeeds
				Act; and
(3) Are informed of their
				status as an independent student under Section 480 of the Higher Education Act
				of 1965 [
				20
				U.S.C. 1087vv ] and that the youth may obtain
				assistance from the local educational agency liaison to receive verification of
				such status for the purposes of the free application for federal student aid
				described in Section 483 of such Act [
				20 U.S.C.
				1090 ]; and
k. Coordinate and collaborate with state
				coordinator and community and school personnel responsible for the provision of
				education and related services to children and youth experiencing
				homelessness.