200 R.I. Code R. 200-RICR-20-30-5.3

Current through December 3, 2024

Section 200-RICR-20-30-5.3 - Stay-put Placement

A. Stay-put Placement. If a student becomes homeless during an academic year, or between academic years, the student's School of Origin must-taking into account the best interests of the student-"to the extent feasible, keep the student in the School of Origin, except when doing so is contrary to the wishes of the student's parent or guardian," as per the McKinney-Vento Act, 42 U.S.C. § 11432g(3)(B). The student may stay in his or her School of Origin "for the remainder of the academic year, even if the student becomes permanently housed during an academic year," as per 42 U.S.C. § 11432g(3)(A)(i)(II).

B. Duration of Stay-put Placement and Parental Best Interest Determination. A Homeless Student has the right, as long as it is in his or her best interest, to remain enrolled in his or her School of Origin until he or she has permanent housing somewhere, as per 42 U.S.C. § 11432g(3)(A). Rhode Island allows the parents of a Homeless Child to decide, subject to school district challenge, whether it is in the best interest of the student to attend school in the town where the student is now living, or to attend the student's School of Origin.

C. Disputed Best Interest Determination. If a school district disputes a parent's best interest determination, the dispute may be appealed to the commissioner.

D. Factors Used in Making a Best Interest Determination. The following factors are to be considered in making a best interest determination:

1. special needs of the child;

2. continuity of services;

3. distance/travel time;

4. involvement in special activities or sports;

5. safety; and

6. other relevant information

E. Burden of Proof. In an appeal, the burden of proof is on the school district to show that the parent's decision is not in the best interest of the child or youth.

F. Interim Protective Orders. The commissioner has authority to issue interim protective orders to ensure that a Homeless Student is allowed to continue to attend school pursuant to R.I. Gen. Laws § 16-39-3.2.

G. General Rights. Homeless Children have the right to receive the same education that other students receive, as per 42 U.S.C. §§ 11432e(3) and (g). If a Homeless Student enrolls in a new school district, the student's records must be forwarded to the new school within ten (10) working days. Each school district must designate an appropriate staff person as the district liaison to coordinate the delivery of education to Homeless Children and Youths, as per 42 U.S.C. 11432g(6), and schools must also cooperate with social service agencies working with Homeless Students. Homeless Students must not be "isolated or stigmatized," as per 42 U.S.C. § 11432g(1)(J)(i).

H. Special Education. In those cases where an individualized education plan has been adopted for a child and the child moves to another town or city, the plan shall remain in effect until a new plan is adopted for the child in the new city or town, as per R.I. Gen Laws § 16-24-1(e). When an unaccompanied Homeless Youth enrolls in a school district, the district shall request the appointment of an Educational Advocate (Surrogate Parent), as per R.I. Gen. Laws § 33-15.1-2 and the federal Individuals with Disabilities Education Act (the "IDEA") at 20 U.S.C. § 1415b(2)(A).

1. All reasonable efforts shall be made to ensure that the appointment of an Educational Advocate takes place within 30 days after the district determines that the Homeless Youth needs an Educational Advocate, as per the IDEA at 20 U.S.C. § 1415b(2)(B).

2. Any due process complaint notices filed on behalf of a Homeless Student shall contain available contact information concerning the Homeless Student, as well as the name of the school the Homeless Child or Youth is attending, as per the McKinney-Vento Act, 42 U.S.C. § 11432b(7)(A).

I. School districts must provide Homeless Children and Youths with transportation to and from their School of Origin, at the request of a parent or guardian, as per 42 U.S.C. § 11432g(4)(A).

1. For unaccompanied youths, districts must provide transportation to and from the School of Origin at the request of the homeless liaison.

2. If a Homeless Student's temporary residence and the School of Origin are in the same school district, that school district must provide or arrange transportation.

3. If a Homeless Student is temporarily residing outside the district of the School of Origin, the district where the Student is temporarily living and the district of the School of Origin must share the cost and responsibility of providing transportation.

4. If the district in which the Homeless Student is now living and the district of the Student's School of Origin cannot agree on a way to transport the student back to the original district, the cost of the transportation must be divided between the school districts.

a. The provision of transportation should not be delayed pending the resolution of an agreement between the district of the School of Origin and the district in which the Homeless Student is temporarily residing.

b. Pending an agreement between the two districts, the district of the School of Origin shall assume the responsibility and cost of transportation. In addition, districts must provide students experiencing homelessness with transportation services comparable to those provided to other students.

200 R.I. Code R. 200-RICR-20-30-5.3