POLICY 9108 9012: HOMELESS STUDENTS 

1. General Policy. The District will provide tuition free education for homeless  children and youth who are in the district and accord them the educational rights and legal  protections provided by state and federal law. Homeless children and youth shall not be  stigmatized or segregated on the basis of their status as homeless and shall have access to  the same services offered to other students. It is the intent of this policy to remove barriers  to the enrollment and retention of homeless children and youth in the District.  

2. Homeless Liaison. The District’s homeless liaison is the superintendent. Students  in homeless situations who require assistance should contact the liaison at 308-647-6742  or in person at 210 9th Street, Shelton Nebraska 68876. The liaison’s responsibilities  include: 

a. Ensuring homeless children and youth are identified through coordination with the  Nebraska Department of Education, community groups, and other school  personnel; 

b. Receiving training regarding state and federal law governing homeless children and  youth; 

c. Ensuring homeless children and youth and their families are referred to appropriate  health care, housing, and other relevant service providers and programs available  in the community;  

d. Assisting other District personnel to work with homeless children and youth and  their families on regular attendance, participation in programs and activities of the  District, and completing academic work to meet academic standards of the District;  

e. Assisting homeless children and youth and working with other District employees  to prepare for and improve college readiness, including assistance with  applications, selection, financial aid, and status verification for purposes of the Free  Application for Federal Student Aid; and 

f. Carrying out other aspects of this policy. 

3. Definitions 

a. “Homeless children and youth” means individuals who lack a fixed, regular, and  adequate nighttime residence and includes:  

i. Children and youths 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  accommodations; are living in emergency or transitional shelters; or are  abandoned in hospitals;  

ii. Children and youths 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;

iii. Children and youths who are living in cars, parks, public spaces, abandoned  buildings, substandard housing, bus or train stations, or similar settings; and 

iv. Migratory children who qualify as homeless for the purposes of this subtitle  because the children are living in circumstances described in clauses (i)  

through (iii). 

b. The term “homeless” or “homeless individual” does not include any individual  imprisoned or otherwise detained by an act of Congress or by state law.  

c. “Child” and “youth” refers to persons who, if they were children of residents of the  District, would be entitled to a free education. 

d. The term "unaccompanied youth" shall mean a homeless child or youth not in the  physical custody of a parent or guardian.  

e. “School of origin” means the school that the child or youth attended when  permanently housed, or the school in which the child or youth was last enrolled. 

4. School Stability and Enrollment. Generally, the District presumes that keeping a homeless child  or youth in their school of origin is in the child’s best interest unless it is contrary to a request of  the child’s parent, guardian, or in the case of an unaccompanied youth, the youth. The District  will also consider factors including, but not limited to: the impact of mobility on achievement,  education, health, and safety of the child. 

5. Strategies to Address Enrollment Delays. In order to address enrollment delays resulting from  homelessness, the school district shall immediately enroll homeless students even if they are  unable to produce records normally required for enrollment such as immunization and medical  records, residency documents, birth certificates, school records, or other documentation, or  guardianship documents. The school district shall immediately contact the school last attended by  the student to obtain academic and other records. The school district’s homeless liaison shall assist  in obtaining necessary immunizations, or immunization or medical records. 

6. Transportation. Transportation shall be provided to homeless students to the extent required by  law and comparable to that provided to students who are not homeless. At the request of the parent  or guardian (or in the case of an unaccompanied youth, the liaison), transportation shall be  provided to and from the school of origin as follows:  

a. If the homeless child or youth continues to live in the area served by the school  district, the child's or youth's transportation to and from the school of origin shall  be provided or arranged by the school district. 

b. If the homeless child's or youth's living arrangements in the area served by the  school district terminate and the child or youth, though continuing his or her  education in the school district, begins living in an area served by another school district, the school district and the new school district in which the homeless child  or youth is living shall negotiate to agree upon a method to apportion the  responsibility and costs for providing the child with transportation to and from the  school district. If the districts are unable to agree, the responsibility and cost for  transportation shall be shared equally. 

7. Records. The District will maintain and respond to requests for enrollment records for homeless  children or youth consistent with its record policies and state and federal record laws. Any  information about a homeless child’s or youth’s living situation shall be treated as a confidential  education record and shall not be deemed directory information. 

8. Dispute Process. If a dispute arises over school selection or enrollment in a school: 

a. The child or youth shall be admitted immediately to the school in which enrollment  is sought, pending resolution of the dispute; 

b. The child, youth, parent, or guardian shall be referred to the district’s homeless  liaison who shall carry out the dispute resolution process within (30) thirty calendar  days after receiving notice of the dispute; 

c. The parent or guardian of the child or youth or, in the case of an unaccompanied  youth, the youth, shall be provided with a written explanation of the school's  decision regarding school selection or enrollment, including the rights of the parent,  guardian, or unaccompanied youth to appeal the decision within (30) thirty calendar  days of the time such complaint or dispute is brought. 

d. In the case of an unaccompanied youth, the homeless liaison shall ensure that the  youth is immediately enrolled in the school in which enrollment is sought pending  resolution of the dispute. 

9. Appeal Process 

a. Nebraska Department of Education. If the Complainant is not satisfied with the  written decision of the District after the dispute resolution process, the Complainant  may appeal the decision of the District to the Commissioner of the Nebraska  Department of Education within (30) thirty calendar days of receipt of the decision  from the District, pursuant to Nebraska Department of Education Rule 19. 

b. State Board of Education. If the Complainant is not satisfied with the decision of  the Commissioner, the Complainant may file a Petition with the State Board of  Education within (30) thirty calendar days of the receipt of the decision of the  Commissioner pursuant to Nebraska Department of Education Rule 19. 

Adopted on: 7/3/09

Reviewed on: 7/15/19 

Revised on: 12/9/13, 7/20/15, 7/18/16, 7/10/17, 7/09/18, 6/14/21