DAR File No. 39786
This rule was published in the October 15, 2015, issue (Vol. 2015, No. 20) of the Utah State Bulletin.
Education, Administration
Rule R277-616
Education for Homeless and Emancipated Students
Notice of Proposed Rule
(Amendment)
DAR File No.: 39786
Filed: 09/30/2015 11:09:03 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R277-616 is amended to provide technical and conforming changes.
Summary of the rule or change:
Technical and conforming changes are made throughout the rule.
State statutory or constitutional authorization for this rule:
- Subsection 53A-2-201(5)
- Article X, Section 3
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to the state budget.
local governments:
The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to local government.
small businesses:
The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to the rule provide technical and conforming changes which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
There are likely no compliance costs for affected persons. The amendments to the rule provide technical and conforming changes and do not provide compliance language.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
Brad C. Smith, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
EducationAdministration
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
11/16/2015
This rule may become effective on:
11/23/2015
Authorized by:
Angela Stallings, Associate Superintendent, Policy and Communication
RULE TEXT
R277. Education, Administration.
R277-616. Education for Homeless and Emancipated Students.
R277-616-[2]1
. Authority and Purpose.
[A.](1) This rule is authorized [under]by:
(a) Utah Constitution Article X, Section 3
, [of the Utah State Constitution,]which vests general control and supervision of public education
in the Board;
(b) S
ubsection 53A-1-401(3)
, which allows the Board to adopt rules in accordance with
its responsibilities[,];
(c) Section 53A-11-101.5
, which requires that minors between the ages of 6 and 18
attend school during the school year[,];
(d) S
ubsection 53A-2-201(5)
, which makes each school district or charter school
responsible for providing educational services for all children of
school age who reside in the school district or attend the school[,]; and
(e) the McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through 11435.
[B.](2) The purpose of this rule is to ensure that homeless
children[/]or youth have the opportunity to attend school with as
little disruption as reasonably possible.
R277-616-[1]2
. Definitions.
[A. "Board" means the Utah State Board of
Education.
] [B.](1) "Domicile" means the place which a person
considers to be the permanent home, even though temporarily
residing elsewhere.
[C.](2) "Emancipated minor" means:
([1]a) a child under the age of 18 who has become emancipated
through marriage or by order of a court consistent with Section
78A-6-801 et seq.; or
([2]b) a child recommended for school enrollment as an
emancipated or independent or homeless child[/]
or youth by an authorized representative of the Utah State
Department of Social Services.
[D.](3) "Enrolled" for purposes of this rule means a
student has the opportunity to attend classes and participate fully
in school and extracurricular activities based on academic and
citizenship requirements of all students.
[E.](4) "Homeless child[/]" or "homeless youth" means a child who:
([1]a) lacks a fixed, regular, and adequate nighttime
residence;
([2]b) has primary nighttime residence in a homeless shelter,
welfare hotel, motel, congregate shelter, domestic violence
shelter, car, abandoned building, bus or train station, trailer
park, or camping ground;
([3]c) sleeps in a public or private place not ordinarily used
as a regular sleeping accommodation for human beings;
([4]d) is, due to loss of housing or economic hardship, or a
similar reason, living with relatives or friends usually on a
temporary or emergency basis due to lack of housing; or
([5]e) is a runaway, a child or youth denied housing by his
family, or school-age unwed mother living in a home for unwed
mothers, who has no other housing available.
[F. "Parent" means a parent or guardian having
legal custody of a minor child.
] [G.](5) "School district of residence for a homeless child[/]or youth" means the school district in which the
student or the student's legal guardian or both currently
resides or the charter school that the student is attending for the
period that the student or student's family satisfies the
homeless criteria.
[H. "USOE" means the Utah State Office of
Education.
]
R277-616-3. Criteria for Determining Where a Homeless or Emancipated Student Shall Attend School.
[A.](1) Under the McKinney-Vento Homeless Assistance Act of
1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through
11435, homeless [students]children are entitled to immediate enrollment and full
participation even if they are unable to produce records which may
include medical records, birth certificates, school records, or
proof or residency normally required for enrollment.
[B.](2) A homeless [student]child or homeless youth shall:
([1]a) be immediately enrolled even if the [student]homeless youth does not have documentation required under
Sections 53A-11-201, 301, 302, 302.5 and Section 53A-2-201 through
213;
([2]b) be allowed to continue to attend his school of origin, to
the extent feasible, unless it is against the parent[/guardian]'s wishes;
(c) be permitted to remain in the student's school of origin for the duration of the homelessness and until the end of any academic year in which the student moves into permanent housing; or
([3]d) transfer to the school district of residence or charter
school if space is available as defined under Subsection
R277-616-1I.
[B.](2)
A [D]determination of
a residence or domicile
for a homeless youth or emancipated minor may include
consideration of the following criteria:
([1]a) the place, however temporary, where the child actually
sleeps;
([2]b) the place where an emancipated minor or an unaccompanied
[child/]youth or accompanied [child's/]youth's family keeps [its]the family's belongings;
([3]c) the place which an emancipated minor or an unaccompanied
[child/]youth or accompanied [child's/]youth's parent considers to be
home; or
([4]d) such recommendations concerning a child's domicile as
made by the State Department of Human Services.
[C.](3) Determination of
a residence or domicile
for a homeless youth or emancipated minor may not be based
upon:
([1]a) rent or lease receipts for an apartment or home;
([2]b) the existence or absence of a permanent address; or
([3]c) a required length of residence in a given location.
[D.](4) If there is a dispute as to
the residence or the status of an emancipated minor or an
unaccompanied [child/]youth, the issue may be referred to the [USOE]Superintendent for resolution.
[E.](5) The purpose of federal homeless education legislation is
to ensure that a child's education is not needlessly disrupted
because of homelessness.
(6) If a child's residence or eligibility is in question, the child shall be admitted to school until the issue is resolved.
R277-616-4. Transfer of Guardianship.
[A.](1) If guardianship of a minor child is awarded to a
resident of a school district by action of a court or through
appointment by a school district under Section 53A-2-202, the child
becomes a resident of the school district in which the guardian
resides.
[B.](2) If a child's residence has been established by
transfer of legal guardianship, no tuition may be charged by the
new school district of residence.
KEY: compulsory education, students' rights
Date of Enactment or Last Substantive Amendment: [August 8, 2011]2015
Notice of Continuation: September 28, 2015
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-2-201(5); 53A-2-202
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.