HOMELESS STUDENTS | Policy Manual | Brevard Co. Public Schools

5111.01 - HOMELESS STUDENTS

Definitions

Children and youth who are identified as meeting the Federal definition of "homeless" will be provided a free appropriate public education (FAPE) (including a public preschool education) in the same manner as all other students of the District and other services needed to provide equal opportunity to meet the same challenging State academic standards to which all students are held. To that end, homeless students will not be stigmatized or segregated on the basis of their status as homeless. The District shall establish safeguards that protect homeless students from discrimination on the basis of their homelessness. The District shall regularly review and revise its policies, including school discipline policies that impact homeless students, including those who may be a member of any of the protected classes (Policy 2260).

This policy and AP 5111.01, Homeless Students (Role of the Liaison), are designed to identify students experiencing homelessness and to refer such students and their families for services available through the McKinney-Vento Act and services provided by local community social service entities.

Definitions

"Students experiencing homelessness" pursuant to State law means individuals who lack a fixed, regular, and adequate nighttime residence(as defined in 42 U.S.C. Section 11432) and include children and youth who meet any of the following criteria:

children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;
children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
migratory children who are living in circumstances described in A through C above.

"Unaccompanied homeless youth" means a child or youth whose living arrangement qualifies as homeless under the definitions above and who is not in the physical custody of a parent or guardian.

According to non-regulatory guidance from the U.S. Department of Education (ED), standards for adequate housing may vary by locality. Please see Education for Homeless Children and Youth Programs, Non-Regulatory Guidance, U.S. Department of Education (ED), for factors to consider when determining whether a child or youth is living in "substandard housing". For purposes of whether a child or youth resides in "substandard housing," the District may consider whether the setting in which the family, child, or youth is living lacks one (1) of the fundamental utilities such as water, electricity, or heat; is infested with vermin or mold; lacks a basic functional part such as a working kitchen or a working toilet; or may present unreasonable dangers to adults, children, or persons with disabilities.

Pursuant to the McKinney-Vento Act, an unaccompanied youth includes a homeless child or youth not in the physical custody of a parent or guardian. Under State law an unaccompanied homeless youth who is sixteen (16) years of age or older and found to be an unaccompanied homeless youth eligible for services under Federal law shall be issued a certificate by the District's McKinney-Vento Liaison on District letterhead documenting his/her status which is to be accepted by medical providers and the courts.

Additionally, pursuant to Federal and State law, children or youth who are experiencing homelessness also include migratory children who are living in circumstances described in A-D above.

Designated receiving school includes the next level school, elementary from prekindergarten, middle from elementary, high from middle, that a homeless child or youth, whose homelessness continues into the next school year, may attend when that next level school is the District designated school for those students in the homeless student’s school of origin.

Questionnaire(s)

The District shall create and utilize a student housing questionnaire(s) to be used in all public schools, including charter schools, to identify students who are experiencing homelessness and who may be eligible for services under the McKinney-Vento Act. The following requirements apply:

A student housing questionnaire must be provided to parents, guardians, and unaccompanied homeless youth at least once annually and whenever there is evidence that a student may be experiencing homelessness throughout the school year.
A student housing questionnaire must be included in the annual school enrollment packet.
A student housing questionnaire may be distributed or returned electronically, but it must be available in hard copy, if requested.

Beginning July 1, 2024, any student housing questionnaire will prominently explain that the purpose of the form is to identify students and families who may be eligible for services in the school or local community. In addition, the questionnaire will request the following information:

student's name (first name, middle initial, last name);
student's birth date;
student's school and grade;
names, birthdates, school, and grade for each additional child or youth in the household;
parent's or guardian's name;
street address;
length of time at current address;
former address;
parent's, guardian's, or unaccompanied homeless youth's phone number;
parent's, guardian's, or unaccompanied homeless youth's signature and date of signature;
selection of nighttime residence type, using the residences defined in the "Homeless Student, PK-12" data element in F.A.C. 6A-1.0014;
selection if the student is an unaccompanied homeless youth, as defined in 42 U.S.C. Section 11434(a)(6);
selection of homelessness cause, using the causes defined in the "Homelessness Cause" data element in F.A.C. 6A-1.0014.

Services to Homeless Children and Youth

The District will provide services to homeless students that are comparable to other students in the District, including:

transportation services;
public preschool programs and other educational programs and services for which the homeless student meets eligibility criteria including:
1. programs for children with disabilities
2. programs for English learners (ELs) (i.e., students with Limited English Proficiency (LEP);
3. programs in career and technical education;
4. programs for gifted and talented students;
5. school nutrition programs; and
6. before - and after-school programs.

Unaccompanied homeless high school youth will receive counseling to prepare and improve their readiness for postsecondary education.

The Superintendent will appoint a McKinney-Vento Liaison who will perform the duties as assigned by the Superintendent, including those required under F.A.C. 6A-10.088. Additionally, the Liaison will:

coordinate District programs;
collaborate with other school districts, community services providers, and organizations, including:
1. local social services and other community agencies to provide support to homeless students and their families;
2. other school districts regarding homeless student-related transportation, transfer of school records, and other inter-District activities as needed; and
3. housing authorities.
collaborate with the State Coordinator for the Education of Homeless Children and Youth as well as with community and school personnel responsible for the provision of education and related services to homeless children and youths, including exceptional student education needs. For more information on the role of the Liaison, refer to AP 5111.01.

Unaccompanied homeless high school youth will receive counseling to prepare and improve their readiness for postsecondary education.

School Stability

Maintaining a stable school environment is crucial to a homeless student’s success in school. An "eligible school" is the school of origin, the school zoned for the address where the student is temporarily residing, or another school which students residing in that attendance zone are eligible to attend. To ensure stability, the District must make school placement determinations based on the “best interest” of the homeless child or youth based on student-centered factors. The District must:

continue the student’s education in the school of origin for the duration of homelessness when a family becomes homeless between academic years or during an academic year; and for the remainder of the academic year even if the child or youth becomes permanently housed during an academic year and continued to receive all McKinney-Vento Act benefits; or
enroll the student in any public school that non-homeless students who live in the attendance area in which the child or youth, or the family of the child or youth, is actually living are eligible to attend.

When determining a child or youth’s best interest, the District must assume that keeping the homeless student in the school of origin is in that student’s best interest, except when doing so is contrary to the request of the student’s parent or guardian, or the student if s/he is an unaccompanied youth. The school of origin is the school the student attended in when permanently housed or the school at which the student was last enrolled, including a public preschool. The school of origin also includes the designated receiving school at the next level for feeder school patterns when the student completes the final grade level at the school of origin.

When determining the student’s best interest, the District must also consider student-centered factors, including the impact of mobility on achievement, education, health, and safety of homeless students and give priority to the request of the student’s parent or guardian, or youth (if an unaccompanied youth). The District also considers the school placement of siblings when making this determination.

If the District finds that it is not in the student’s best interest to attend the school of origin or the school requested by the parent or guardian, or unaccompanied youth, the District must provide the individual with a written explanation and reason for the determination in a manner and form understandable to the parent, guardian or unaccompanied youth. This written explanation will include appeal rights and be provided in a timely manner.

Immediate Enrollment

The District has an obligation to remove barriers to the enrollment and retention of homeless students. Enroll and enrollment include attending classes and participating fully in school activities. If a school other than the student’s school of origin is chosen on the basis of a best interest determination, the homeless student must be immediately enrolled, even if the student does not have the documentation typically necessary for enrollment, such as immunization and other required health records, proof of residency, proof of guardianship, birth certificate, or previous academic records or other required documents. The homeless student must also be enrolled immediately regardless of whether the student missed application or enrollment deadlines during the period of homelessness, fails to meet uniform or dress code requirements, or has outstanding fines or fees. Students must be provided appropriate credit for full or partial coursework satisfactorily completed by homeless children and youth while attending a prior school.

The enrolling school must immediately contact the school last attended by the homeless student to obtain relevant academic or other records. If the student needs immunization or other health records, the enrolling school must immediately refer the parent, guardian, or unaccompanied youth to the Liaison, who will help obtain the immunizations, screenings, or other required health records. Records usually maintained by the school must be kept so that they are available in a timely fashion if the child enters a new school or district. These records include immunization or other required health records, academic records, birth certificates, guardianship records, and evaluations for special services or programs. Procedures for inter-State records transfer between schools should be taken into account in order to facilitate immediate enrollment.

In addition, it shall be the District’s responsibility to make sure that, once identified for services, the homeless student is attending classes and not facing barriers to accessing academic and extra-curricular activities for which they meet relevant eligibility criteria, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs (if available).

Transportation

The District shall promptly provide homeless students with transportation services that are comparable to those available to non-homeless students. At the request of the parent or guardian, or the liaison in the case of an unaccompanied youth, the District shall provide, or arrange for, transportation to and from the student’s school of origin.

If the homeless student continues to live in the District, transportation shall be provided, or the District shall arrange for the student’s transportation, to/from his/her school of origin.
If the homeless student resides in another school district, but the best interest determination is that the student should continue his/her education at the school of origin in the District, the District and the school district in which the student now resides shall agree upon a method to equitably apportion responsibility and costs for transportation to the school of origin. If there is not agreement, the District shall assume responsibility to transport the student from the district of residence to the school of origin in the District. Since Federal law requires that the responsibility and costs to be shared equally, the district of residence shall be invoiced for their share of the cost for transportation.
If the homeless student resides in the District, but the best interest determination is that the student should continue his/her education at the school of origin in another district, the District and the school district in which the student’s school of origin is located shall agree upon a method to equitably apportion responsibility and costs for transportation to the school of origin. If there is not agreement, the District shall assume responsibility to transport the student to the school of origin in the other district. Since Federal law requires the responsibility and costs for transportation services to be shared equally, the district in which the school or origin is located shall be invoiced for their share of the cost for transportation.
When the student obtains permanent housing, transportation shall be provided to and from the school of origin until the end of the school year.

The mode of transportation shall be determined in consultation with the parent or guardian and shall be based on the best interest of the student.

In accordance with Federal law, the above transportation requirements still apply during the resolution of any dispute. The District will work with the State to resolve transportation disputes with other districts. Until the Districts reach agreement, the responsibility and costs for transportation shall be shared equally costs for transportation are to be shared equally.

If the disputing district is in another state, the District will turn to the State for assistance as Federal guidance says that both states should try to arrange an agreement for the districts.

Dispute Resolution

Homeless families and youths have the right to challenge placement and enrollment decisions. If a dispute arises between a school and a parent, guardian, or unaccompanied youth regarding eligibility, school selection, or enrollment of a homeless student, the District must follow its dispute resolution procedures, consistent with the State’s procedures. If such a dispute occurs, the District will immediately enroll the homeless student in the school in which enrollment is sought pending final resolution of the dispute, including all appeals. The student will receive all services for which they are eligible until all disputes and appeals are resolved.

Pursuant to Federal and State law, State Board rule, and this policy, the District will provide the parent, guardian, or unaccompanied youth with a written explanation of all decisions regarding school selection and enrollment made by the District, along with a written explanation of appeal rights.

The District’s notice and written explanation about the reason for its decision will include, at a minimum, an explanation of how the school reached its decision regarding eligibility, school selection, or enrollment, including the following:

a description of the proposed or refused action by the school;
an explanation of why the action is proposed or refused;
a description of other options the school considered and why those options were rejected;
a description of any other relevant factors to the school’s decision and information related to the eligibility or best interest determination such as the facts, witnesses, and evidence relied upon and their sources; and
an appropriate timeline to ensure deadlines are not missed.

The District’s notice and written explanation shall include contact information for the Liaison and the State Coordinator, and a brief description of the roles of each. The District’s notice and written explanation shall also inform the parent, guardian, or unaccompanied youth that the Liaison is responsible for providing information describing the State-level dispute resolution process and distributing the appropriate forms to all parties wanting to file an appeal.

To initiate the State-level appeals process, within ten (10) working days after receiving written notification of the District-level or inter-district decision, the parent, guardian, or unaccompanied youth may file an appeal with the Liaison, who must provide it to FLDOE. Upon receipt of an appeal, the Liaison is required to notify the FLDOE of the State-level appeal and provide that appeal to the FLDOE. The local liaison also must log incidents of State-level appeals in the FLDOE Online Dispute Resolution Tracking System.

The FLDOE and the Commissioner of Education will render a decision on any appeal and provide a copy of such decision to the parties.

All decisions and notices shall be drafted in a language and format appropriate for low-literacy, limited-vision readers, and individuals with disabilities.

For children and youth and/or parents or guardians who are English learners or whose dominant language is not English, the District will provide translation and interpretation services in connection with all phases of the dispute-resolution process pursuant to Federal laws.

The District will also provide electronic notices via e-mail if the parent, guardian, or unaccompanied youth has access to e-mail followed by a written notice provided in person or sent by mail.

Homeless Children in Preschool

Homeless preschool-aged children and their families shall be provided equal access to the educational services for which they are eligible, including preschool programs, including Head Start programs, administered by the District. Additionally, the homeless child must remain in the public preschool of origin, unless a determination is made that it is not in the child’s best interest. When making such a decision on the student’s best interest, the District takes into account the same factors as it does for any student, regardless of age. It also considers pre-school age specific factors, such as 1) the child’s attachment to preschool teachers and staff; 2) the impact of school climate on the child, including school safety; the quality and availability of services to meet the child’s needs, including health, developmental, and social-emotional needs; and 3) travel time to and from school.

The District must also provide transportation services to the school of origin for a homeless child attending preschool. It is the District’s responsibility to provide the child with transportation to the school of origin even if the homeless preschooler who is enrolled in a public preschool in the District moves to another district that does not provide widely available or universal preschool.

Public Notice

In addition to notifying the parent or guardian of the homeless student or the unaccompanied youth of the applicable rights described above, the District shall post public notice of educational rights of children and youth experiencing homelessness in each school. In addition, the District shall post public notice of the McKinney-Vento rights in places that homeless populations frequent, such as shelters, soup kitchens, and libraries in a manner and form understandable to the parents and guardians and unaccompanied youths.

Records

The local liaison will assist the homeless students and their parent(s) or guardian(s) or unaccompanied homeless students in their efforts to provide documentation to meet State and local requirements for entry into school.

All records for homeless students shall be maintained, subject to the protections of the Family Educational Rights and Privacy Act (FERPA) and Policy 8330, and in such a manner so that they are available in a timely fashion and can be transferred promptly to the appropriate parties, as required. Pursuant to the McKinney-Vento Act, information regarding a homeless student’s living situation is not considered directory information, is held confidential, and must be provided the same protections as other non-directory personally identifiable information (PII) contained in student education records under FERPA. The District shall incorporate practices to protect student privacy in accordance with the provisions of the Violence Against Women Act (VAWA) and the Family Violence Prevention and Services Act (FVPSA). The District will work to obtain and maintain for each homeless child and youth all necessary records including immunization or other required health records, birth certificates, academic records, guardianship records, and evaluations for special services. The District will make all these records available consistent with the law when a child or youth enrolls in a new school.

No Board policy, administrative procedure, or practice will be interpreted or applied in such a way as to inhibit the enrollment, attendance, or school success of homeless children.

Annual and Other Reporting Requirements

By August 1st of each year, the District will submit the Florida McKinney-Vento Program District Contact Directory and Listserve Update utilizing the appropriate FLDOE form. The District will also report information on students experiencing homelessness to the FLDOE during the survey periods and use the elements set forth in F.A.C. 6A-1.0014.

The School District will notify the Florida McKinney-Vento Program within ten (10) school days of a change in the assignment of or contact information for the District liaison.

Revised 2/28/06
Revised 3/19/10
Revised 8/24/21
Revised 3/12/24