Unaccompanied Youth
and School District Residency
March 30 and April 5, 2016
Presented by:
Dr. Leigh E. Dalton, Esq.
717.849.4149
Homeless Liaison Regional Meeting
STUDENT RESIDENCY
1. Student is living with parents / guardians who are residents of the District
2. Section 1302 Affidavit
3. Emancipated Minor
4. Homeless / Unaccompanied Youth
Living with Parents / Guardians
A child shall be considered a resident of the school district in which his parents or the guardian of his person resides. Federal installations are considered a part of the school district or districts in which they are situate and the children residing on such installations shall be counted as resident pupils of the school district. 24 P.S. § 13-1302(a).
Section 1302 Affidavit
(a)…When a resident of any school district keeps in his home a child of school age, not his own, supporting the child gratis as if it were his own, such child shall be entitled to all free school privileges accorded to resident school children of the district, including the right to attend the public high school maintained in such district or in other districts in the same manner as though such child were in fact a resident school child of the district, and shall be subject to all the requirements placed upon resident school children of the district.
Before such child may be accepted as a pupil, such resident shall file with the secretary of the board:
(1) appropriate legal documentation to show dependency or guardianship; or
(2) a sworn statement that he is a resident of the district, that he is supporting the child gratis, that he will assume all personal obligations for the child relative to school requirements, and that he intends to so keep and support the child continuously and not merely through the school term.
The school board, pursuant to guidelines issued by the Department of Education, may require other reasonable information to be submitted by the resident to substantiate the sworn statement. The form containing the sworn statement shall include notice in large print of the penalty for providing false information in the sworn statement.
(b) If it is found that information contained in the sworn statement is false, the child must be removed from the school after notice of an opportunity to appeal the removal pursuant to the appropriate grievance policy of the school district.
(c) Notwithstanding any other provision of law to the contrary, a person who knowingly provides false information in the sworn statement for the purpose of enrolling a child in a school district for which the child is not eligible commits a summary offense and shall, upon conviction for such violation, be sentenced to pay a fine of no more than three hundred dollars ($300) for the benefit of the school district in which the person resides or to perform up to two hundred forty (240) hours of community service, or both. In addition, the person shall pay all court costs and shall be liable to the school district for an amount equal to the cost of tuition calculated in accordance with section 2561during the period of enrollment. 24 P.S. § 13-1302.
Basic Education Circular: Enrollment of Students
A school district or charter school may not request or require any of the following:
- a social security number;
- the reason for a child’s placement if not living with natural parents;
- a child’s or parent’s visa;
- agency records; or
- a court order or records relating to a dependency proceeding unless the court order is used as “appropriate legal documentation to show dependency or guardianship.” A school district or charter school may not, however, require a custody order or agreement as a condition of enrollment in any circumstances.
A school district cannot:
1. Require a caregiver to obtain legal guardianship at any point prior to or following an unaccompanied homeless youth’s school enrollment; nor
2. Discontinue a student’s enrollment due to an inability to identify a caregiver, guardian, or parent, or produce proof of guardianship.
Emancipated Minor
There is only one section in Pennsylvania law or regulation that applies the term “emancipated” for school purposes. “If the child is an emancipated minor, the resident school district is the one in which the child is then living. For purposes of this section, an emancipated minor is a person under 21 years of age who has chosen to establish a domicile apart from the continued control and support of parents or guardians. A minor living with a spouse is deemed emancipated.” 22 Pa. Code § 11.11.
Basic Education Circular: Enrollment of Students
“A youth may enroll himself if he is an ‘emancipated minor,’ which includes a youth who is married or is living without the support of a parent or guardian.”
Unaccompanied Homeless Youth
Unaccompanied Youth: “A youth not in the physical custody of a parent or guardian.” 42 U.S.C. § 1143a(6); The McKinney-Vento Act (2001).
Homeless children or youth: “Individuals who lack a fixed, regular, and adequate nighttime residence.” 42 U.S.C. 1143a(2); The McKinney-Vento Act (2001).
Enrollment: “attending classes and participating fully in school activities.” 42 U.S.C. § 1143a(1); The McKinney-Vento Act.
The local educational agency shall, according to the child's or youth's best interest:
1. Continue the youth's education in the school of origin for the duration of homelessness
o In any case in which a family becomes homeless between academic years or during an academic year; or
o For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or
2. 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.
In determining the best interest of the child or youth, the local educational agency shall:
In the case of an unaccompanied youth, ensure that the homeless liaison assists in placement or enrollment decisions, considers the views of the unaccompanied youth, and provides notice to such youth of the right to appeal.
The school selected shall immediately enroll the homeless youth, even if the youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.
The enrolling school shall immediately contact the school last attended by the youth to obtain relevant academic and other records. 42 U.S.C.A. § 11432.
Enrollment disputes
If a dispute arises over enrollment in a school, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute.
In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute. 42 U.S.C.A. § 11432.
I. The term “Parent” is defined in sources of education laws and regulations:
B. Parent under IDEA regulations, 34 C.F.R. § 300.30(a) – means –
1. A biological or adoptive parent of a child;
2. A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
3. A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);
4. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
5. A surrogate parent who has been appointed in accordance with 34 C.F.R. § 300.519 or section 639(a)(5) of the Act (IDEA and its regulations)
Except as provided in paragraph (b)(2) of 34 C.F.R. § 300.30, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of 34 C.F.R. § 300.30, unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (4) of 34 C.F.R. § 300.30 to act as the “parent” of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the “parent” for purposes of 34 C.F.R. § 300.30.
*“Parent Hierarchy” is present
C. Parent under Chapter 15, 22 Pa. Code §15.2 means -
A birth or adoptive parent, a guardian or a person acting as a parent of the student. (follow IDEA).
II. Parent Rights under the Individuals with Disabilities Education Act (IDEA):
A. Under the IDEA, a “parent” has certain specific rights as outlined below. Refer to the definitions above to determine who is a “parent” with these rights:
1. Examine all records relating to their child. 20 U.S.C. § 1415(b)(1).
2. Participate in the IEP preparation process. 20 U.S.C. § 1415(b)(1).
3. Obtain an independent evaluation of their child. 20 U.S.C. § 1415(b)(1).
4. Receive notice before an amendment to an IEP is either proposed or refused. 20 U.S.C. § 1415(b)(3).
5. File for mediation or due process. 20 U.S.C. §§ 1414(f) & (g).
6. Receive formal notice of their rights under the IDEA. 20 U.S.C. § 1415(d)(1).
7. Right to consent to evaluations and services. 20 U.S.C. § 1414(a)(1)(D) and 1414(c)); 34 C.F.R. § 300.300.
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