Maine children have the right
to attend public school even though they don't have a permanent or regular
place to live.
CONTENTS
When
is a student considered homeless?
If
I am homeless, or if my child is homeless, is my child still allowed
to attend school?
How do I decide which
school to send my child to?
Once I have
decided where to send my child, how long does it take to get him into school?
What school services
is my child entitled to get?
Will my child
be transported to school?
What about students who do not live with a
parent or guardian?
Do they have any rights?
Can my decision where
to send my child be disputed?
How can a superintendent
get my decision changed?
What happens If
the superintendent appeals to the Commissioner?
What happens if I am not
satisfied with the Commissioner's decision?
What happens to my child
while all these appeals are going on?
When is a student considered homeless?
A youth is homeless if she does not have an adequate, regular place to spend the night.
"Homeless" includes living in a public or private shelter, or other kinds of transitional,
temporary housing. It also includes sharing housing with other persons
"due to loss of housing, economic hardship, or a similar reason." A youth living in a car,
a park, an abandoned building, or any other type of substandard housing is "homeless."
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If I am homeless, or if my child is homeless, is my child
still allowed to attend school?
Yes. Your child still has the right to a public education.
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How do I decide which school to send my child to?
Your child has the right to stay in his "school of origin" (where he attended
before becoming homeless), or any public school that students living in the same
attendance area are eligible to attend. The decision should be based on the child's
"best interest."
Often staying in the student's school of origin is in the child's best interest,
to provide consistency and stability. But there may be a compelling reason for the
child to attend a new school, such as safety.
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Once I have decided where to send my child, how long does it take to get him into school?
No. Your child should be admitted immediately. This is the rule, even if the
child does not have required documents, such as medical records or proof of residency.
The school can gather these documents later.
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What school services is my child entitled to get?
The school must offer all services for which the child is eligible,
on the same basis as other students.
For example, if the school you have chosen offers programs in the following
areas, your child must be offered these programs:
- Education programs for the disadvantaged
- Programs for students with disabilities
- Programs for students with limited English
- Vocational Education
- Programs for gifted and talented
- School meals (without proof of income or other standard paperwork, if these
are barriers to access)
- Before and after school care programs
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Will my child be transported to school?
Yes. The law now requires that schools provide this service, if the parent
or guardian requests it. If a youth is not in his parents' custody, the school or
state liaison can request this service.
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What about students who do not live with a parent or guardian? Do they have any rights?
Yes. The law categorizes these students as “unaccompanied youth.”
Each school district must have a “liaison.” The liaison is charged with helping homeless youth enroll
and succeed in school. The liaison should help an “unaccompanied youth:”
- Decide where to enroll in school, taking into account the student's wishes, and
- Notify the youth about his appeal rights if he disagrees with an enrollment decision.
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Can my decision where to send my child be disputed?
Yes. If the superintendent of the school system which you have chosen believes
that your decision is not in the best interest of your child, he or she
may try to get your decision changed.
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How can a Superintendent get my decision changed?
A superintendent has two options. First, he can request an informal decision
from the Coordinator of Education for Homeless Children and Youth. The Coordinator
must try to get you and the superintendent to agree within 20 days.
Second, if the Coordinator cannot get an agreement, or if the Superintendent
decides not to go to the Coordinator in the first place, a superintendent
may appeal to the Commissioner of Education.
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What happens if the Superintendent appeals to the Commissioner?
If the superintendent appeals, he or she must file a form required by the
Commissioner of Education. The superintendent must say which school he believes
would serve your child best if he believes that another school would be
better. You (or your child's social worker or your child, depending on the
situation) must receive notice of the appeal.
The Commissioner may ask you to state your beliefs in writing and/or may
hold a hearing to hear what you have to say on the matter. If a hearing
is held, you must be told about the hearing and be allowed to attend and
present your point of view.
The Commissioner will then decide which school your child will attend.
In making his decision, the Commissioner must consider:
- Your child's social, educational and physical needs;
- Whether there are any other options for your child; and
- Other information from school authorities and out-of-school agencies.
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What happens if I am not satisfied with the Commissioner's
decision?
You may appeal the decision to the Superior Court within 30 days
of the decision. If you decide to appeal, get legal advice immediately.
The Superintendent or any other party involved in the dispute may also appeal.
If you receive notice of an appeal by another party, get legal advice immediately.
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What happens to my child while all these Aapeals are going
on?
Your child will remain in the school you have chosen until the Coordinator
or the Commissioner has made a final decision.
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Link
to Maine State Department of Education
National Law Center on Homelessness
and Poverty
Updated June 2004
