C.R.S.
Section 22-33-103.5
Attendance of homeless children and youth
- definitions
(1)
Equal access to school.(2)
Place of residence of a homeless child or youth.(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.(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.(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 shall 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.(9)
Definitions.(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.
Source:
Section 22-33-103.5 — Attendance of homeless children and youth - definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-22.pdf
(accessed Oct. 20, 2023).