ADMINISTRATIVE REGULATION - 6173

Definitions
Homeless students or students experiencing homelessness are students who lack a fixed, regular and adequate nighttime residence including (Education Code 48859; 42 USC 11434a)

1. Students 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 adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals
2. Students who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as regular sleeping accommodations for human beings
3. Students who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings 
4. Migratory Students who qualify as homeless are living in conditions described in items #1-3 above

Unaccompanied youth includes a child or youth not in the physical custody of a parent or guardian.  (Education Code 48859; 42 USC 11434a)

School of origin means the school that the student experiencing homelessness attended when permanently housed or the school in which the student was last enrolled, including a preschool. If the school the student experiencing homelessness attended when permanently housed is different from the school in which the student was last enrolled, or if there is some other school that the student attended within the preceding 15 months and with which the student is connected. The District Liaison for students experiencing homelessness, in consultation with and with the agreement of the student experiencing homelessness and the person holding the right to make educational decisions for the student, shall determine which school is deemed the school of origin based on what is in the best interest of the student experiencing homelessness.  (Education Code 48852.7; (42 USC 11432)

Acting in the best interest means making educational and school placement decisions for a student experiencing homelessness, considering among other factors, educational stability, the opportunity to be educated in the least restrictive educational setting necessary to achieve academic progress, and ensuring the student's access to academic resources, services, and extracurricular and enrichment activities that are available to all district students.  (Education Code 48850, 48853; 42 USC 11432)

District Liaison
The Superintendent designates the following staff member as the District Liaison for students experiencing homelessness. (42 USC 11432)

Elana Lesse    __________________________ _
(title or position)

5050 Barranca Parkway, Irvine, CA 92604______
(address)

ElanaLesse@iusd.org           _______________
(email address)

949-936-5219_______________________________
(phone number)

The District’s Liaison for students experiencing homelessness shall: (Education Code 48851.3, 48851.5, 48852.5; 42 USC 11432)

1. Ensure that students experiencing homelessness are identified by school personnel through outreach and coordination activities with other entities and agencies
2. Ensure that students experiencing homelessness are enrolled in, and have a full and equal opportunity to succeed in, district schools
3. Ensure that families and students experiencing homelessness have access to and receive educational services for which they are eligible, including services through Head Start and Early Head Start programs, early intervention services under Part C of the federal Individuals with Disabilities Education Act, and other preschool programs administered by the District
4. Ensure that families and students experiencing homelessness receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services, as needed
5. Inform parents/guardians and unaccompanied youth annually of the educational and related opportunities available to their children and ensure that they are provided with meaningful opportunities to participate in the education of their children
6. Disseminate a public notice annually of the educational rights of students experiencing homelessness in locations frequented by parents/guardians of students experiencing homelessness and by unaccompanied youth, including schools, shelters, public libraries, and hunger relief agencies (soup kitchens). The rights shall be presented in a manner and form understandable to the parents/guardians of homeless students and unaccompanied youth
7. Mediate enrollment disputes in accordance with law and the section “Resolving Enrollment Disputes” below
8. Fully inform parents/guardians of students experiencing homelessness and unaccompanied youth of all transportation services, including transportation to the school of origin and assist them in accessing transportation to the school of choice
9. Offer annual training related to the District's homeless education program policies to school personnel who provide services to students experiencing homelessness, including principals and other school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel, to ensure that such employees are informed of available training, professional development, and other support, and the services provided by the District Liaison for students experiencing homelessness
10. Ensure that unaccompanied youth are enrolled in school, and that they have opportunities to meet the same state academic standards established for other students, and are informed of their status as independent students under 20 USC 1087vv and that they may receive assistance from the District Liaison to receive verification of their independent student status for purposes of applying for federal student aid pursuant to 20 USC 1090
11. Coordinate and collaborate with state coordinators and community and school personnel responsible for the provision of education and related services to students experiencing homelessness, including the collection and provision of comprehensive data to the state coordinator as required by law

In addition, when notified pursuant to Education Code 48918.1, the District Liaison shall assist, facilitate, or represent a student experiencing homelessness who is undergoing a disciplinary proceeding that could result in the student's expulsion. When notified pursuant to Education Code 48915.5, the District Liaison shall participate in an individualized education program (IEP) team meeting to make a manifestation determination regarding the behavior of a student experiencing homelessness with a disability.

The Superintendent or designee shall inform students experiencing homelessness, their parents/guardians, school personnel, service providers, and advocates working with homeless families of the duties of the District's Liaison. The Superintendent or designee shall also provide the name and contact information of the District's Liaison to the California Department of Education (CDE) for publishing on CDE's website.  (42 USC 11432)

Enrollment

The District shall make placement decisions for students experiencing homelessness based on the student’s best interest.  (Education Code 48850; 42 USC 11432)

In determining a student’s best interest, a student experiencing homelessness shall, to the extent feasible, be placed in their school of origin, unless the student’s parent/guardian or the unaccompanied youth requests otherwise. (Education Code 48852.7; 42 USC 11432)

When determining the best interest of any student experiencing homelessness, the District shall give priority to the request of the student's parent/guardian, or in the case of an unaccompanied youth, the request of the student. The student's educational stability and opportunity to be educated in the least restrictive educational setting necessary to achieve academic progress and other student-centered factors related to the student's best interest, including the impact of mobility on the student's achievement, education, health, and safety, shall also be considered.  (Education Code 48850; 42 USC 11432)

Such factors may include, but are not limited to, the age of the student, the distance of the commute and the impact it may have on the student's education, personal safety issues, the student's need for special instruction, the length of anticipated stay in the temporary shelter or other temporary location, likely area of future housing, school placement of siblings, and the time remaining in the school year.

However, placement decisions shall not be based on whether a student experiencing homelessness lives with the student's homeless parent/guardian or has been temporarily placed elsewhere.  (42 USC 11432)

In the case of an unaccompanied youth, the District Liaison shall assist in placement or enrollment decisions, give priority to the views of the student, and provide notice to the student of the right to appeal placement.  (42 USC 11432)

If the student is placed at a school other than the school of origin or the school requested by the student's parent/guardian or the student, if an unaccompanied youth, the Superintendent or designee shall provide the parent/guardian or the unaccompanied youth with a written explanation of the reasons for the decision, including why placement in the student's school of origin or requested school is not in the student's best interest, along with a statement regarding the right to appeal the placement decision. The written explanation shall be in a manner and form understandable to such parent/guardian or unaccompanied youth.  (42 USC 11432)

Once a placement decision has been made, the Principal or designee shall immediately enroll the student in the school of choice. The student shall be enrolled even if the student: (Education Code 48850, 48852.7; 42 USC 11432)

1. Has outstanding fees, fines, textbooks, or other items or monies due to the school last attended
2. Does not have items required by the school, such as physical education clothing, band items, etc.
3. Is unable to produce records normally required for enrollment, such as previous academic records, proof of residency, and records of immunization and other required health records
4. Has missed application or enrollment deadlines during any period of homelessness

The Principal or designee shall immediately contact the school last attended by the student to obtain the relevant records. If the student needs to obtain immunizations or does not possess immunization or other required health records, the Principal or designee shall immediately refer the parent/guardian to the District Liaison for students experiencing homelessness. The District Liaison shall assist the parent/guardian, or the student if the student is an unaccompanied youth, in obtaining the necessary immunizations, screenings, or records for the student.  (42 USC 11432)

 At the point of any change or subsequent change in the residence of a student experiencing homelessness, the student may continue attending the student's school of origin for the duration of the homelessness.  (Education Code 48852.7; 42 USC 11432)

A student experiencing homelessness, who is transitioning between grade levels, shall be allowed to continue in the same attendance area to ensure that they matriculate with their peers. (Education Code 48852.7; 42 USC 11432)

 If the student's housing status changes before the end of the school year so that the student is no longer experiencing homelessness, the student shall be allowed to stay in the school of origin: (Education Code 48852.7)

1. Through the duration of the school year if the student is in grades PK-8
2. Through graduation if the student is in grades 9-12

Resolving Enrollment Disputes

If a dispute arises over student eligibility, school selection, or enrollment in a particular school, the matter shall be referred to the District Liaison, who shall carry out the dispute resolution process as expeditiously as possible.  (42 USC 11432)

The parent(s)/guardian or unaccompanied youth shall be provided with a written explanation of any decisions related to eligibility, school selection, or enrollment and of the right of the parent/guardian or unaccompanied youth to appeal such decisions.  (42 USC 11432)

The written explanation shall include:

1. A description of the action proposed or refused by the District
2. An explanation of why the action is proposed or refused
3. A description of any other options the District considered and the reasons that any other options were rejected
4. A description of any other factors relevant to the District's decision and information related to the eligibility or best interest determination including the facts, witnesses, and evidence relied upon and their sources
5. Appropriate timelines to ensure any relevant deadlines are not missed
6. Contact information for the District Liaison and County Coordinator for Homeless Education, and a brief description of those roles

The written explanation shall be complete, as brief as possible, simply stated, and provided in language that the parent/guardian or unaccompanied youth can understand.

The District Liaison may use an informal process as an alternative to formal dispute resolution procedures, provided that the parents/guardians or unaccompanied youth have access to the more formal process if informal resolution is not successful in resolving the matter.

In working with a student's parents/guardians or unaccompanied youth to resolve an enrollment dispute, the District Liaison shall:

1. Inform the student's parents/guardians or unaccompanied youth that written and/or oral documentation to support their position may be provided
2. Inform the student's parents/guardians or unaccompanied youth that they may seek the assistance of social services, advocates, and/or service providers in having the dispute resolved
3. Provide a simple form to the student's parents/guardians or unaccompanied youth that they may use and turn in to the District Liaison to initiate the dispute resolution process
4. Provide a copy of the dispute form the student's parents/guardians or unaccompanied youth submitted for their records
5. Provide a copy of the outcome of the dispute for the student's parents/guardians or unaccompanied youth’s records

When a student's parent/guardian or an unaccompanied youth involved in the enrollment dispute is an English learner, items above shall be provided either in the native language of the parent/guardian or unaccompanied youth or through an interpreter. Any additional support needed because of a disability of that parent/guardian or unaccompanied youth shall be made available without a charge.

If a parent/guardian or unaccompanied youth disagrees with the District Liaison's placement decision, the decision may be appealed to the Superintendent or designee. The Superintendent or designee shall make a determination within five working days.

If the parent/guardian chooses to appeal the District's placement decision, the District Liaison shall forward all written documentation and related paperwork to the Liaison for students experiencing homelessness at the county office of education.

Pending final resolution of the dispute, including all available appeals, the student shall be immediately enrolled and shall be allowed to attend classes and participate fully in school activities.  (42 USC 11432, 11434a)

Transportation

The District shall provide transportation for a student experiencing homelessness to and from the student's school of origin when the student is residing within the District and the parent/guardian, or the District Liaison in the case of an unaccompanied youth, requests that such transportation be provided. If the student moves outside of district boundaries, but continues to attend the student's school of origin within this district, the Superintendent or designee shall consult with the Superintendent or designee of the District in which the student is now residing, to agree upon a method to apportion the responsibility and costs of the transportation.  (42 USC 11432)

Any fees that the District charges for home-to-school transportation and other transportation as expressly provided by law shall be waived for students experiencing homelessness.  (Education Code 39807.5)

The District shall not be obligated to provide transportation to students who continue attending their school of origin after they secure permanent housing, unless the formerly student experiencing homelessness has an IEP that includes transportation as a necessary related service for the student.  (Education Code 48852.7)

Transfer of Coursework and Credits

When a student experiencing homelessness transfers into a district school, the District will receive an official transcript from the transferring school or district which reflects full and partial credits and grades earned by the student and includes: (Education Code 51225.2)

1. A determination of the days of enrollment and/or seat time, if applicable, for all full and partial credits earned based on any measure of full or partial coursework being satisfactorily completed
   ​​​​Partial coursework satisfactorily completed includes any portion of an individual course, even if the student did not complete the entire course
2. Separate listings for credits and grades earned at each school and local educational agency so it is clear where credits and grades were earned
3. A complete record of the student's seat time, including both period attendance and days of enrollment

The District shall document the credits and grades from the transferring school's transcript onto an official district transcript in the same manner as described in item #2, above.  (Education Code 51225.2)

If the Principal or designee has knowledge that the transcript from the transferring school may not include certain credits or grades, the Principal or designee shall contact the prior school within two business days to request that the full or partial credits be issued, which shall then be issued and provided by the prior school within two business days of the request.  (Education Code 51225.2)

The District shall accept and issue full credit for any coursework that the student has satisfactorily completed while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school.  (Education Code 51225.2)

If an entire course was completed, the District shall not require the student to retake the course.  (Education Code 51225.2)

If an entire course was not completed at the previous school, the student shall be issued partial credit for the coursework completed and shall be required to take the uncompleted portion of the course. However, the District may require the student to retake the portion of the course completed if, in consultation with the holder of educational rights for the student, the District finds that the student is reasonably able to complete the requirements in time to graduate from high school. Whenever partial credit is issued to a student in any particular course, the student shall be enrolled in the same or equivalent course, if applicable, so that the student may continue and complete the entire course.  (Education Code 51225.2)

Partial credits shall be awarded on the basis of 0.5 credits for every seven class periods attended per subject. If the school is on a block schedule, each block schedule class period attended shall be equal to two regular class periods per subject. Partial credits and grades earned by a student shall be included on the student's official transcript within two business days of the District's notification of the student's transfer, as required under Education Code 49069.5.

In no event shall the District prevent a student experiencing homelessness from taking or retaking a course to meet the eligibility requirements for admission to the California State University or the University of California.  (Education Code 51225.2)

Applicability of Graduation Requirements

To obtain a high school diploma, a student experiencing homelessness shall complete all courses required by Education Code 51225.3 and fulfill any additional graduation requirements established by the Board of Education.

However, when a student experiencing homelessness who has completed the second year of high school transfers into the District from another school district or transfers between high schools within the District, the student shall be exempted from all district-established coursework and other district-established graduation requirements, unless the District makes a finding that the student is reasonably able to complete the additional requirements in time to graduate from high school by the end of the fourth year of high school. Within 30 calendar days of the student's transfer, the Superintendent or designee shall notify the student, the person holding the right to make educational decisions for the student, and the District Liaison for students experiencing homelessness of the availability of the exemption and whether the student qualifies. If the Superintendent or designee fails to provide this notification, the student shall be eligible for the exemption once notified, even if the notification occurs after the student is no longer experiencing homelessness.  (Education Code 51225.1)

To determine whether a student is in the third or fourth year of high school, the District shall use either the number of credits the student has earned as of the date of the transfer, the length of school enrollment, or, for a student with significant gaps in school attendance, the student's age as compared to the average age of students in the third or fourth year of high school, whichever qualifies the student for the exemption.  (Education Code 51225.1)

If a student experiencing homelessness was not properly notified of an exemption, declined the exemption, or was not previously exempted, the student or the person holding the right to make educational decisions for the student may request the exemption and the Superintendent or designee shall exempt the student within 30 days of the request. A student may request the exemption even if the student is no longer a student experiencing homelessness.  (Education Code 51225.1)

When the Superintendent or designee determines that a student who transferred into a district school is reasonably able to complete District-established graduation requirements by the end of the student's fourth year of high school, the student shall not be exempted from those requirements. Within 30 calendar days of the following academic year, the student shall be reevaluated based on the student's course completion status at the time, to determine if the student continues to be reasonably able to complete the District-established graduation requirements in time to graduate by the end of the student's fourth year of high school. Written notice as to whether the student then qualifies for exemption shall be provided to the student, the person holding the right to make educational decisions for the student, and if applicable, to the student's social worker or probation officer.  (Education Code 51225.1)

If, upon reevaluation, it is determined that the student experiencing homelessness is not reasonably able to complete the District-established graduation requirements in time to graduate from high school by the end of the student's fourth year of high school, the Superintendent or designee shall provide the student with the option to receive an exemption from District-established graduation requirements or stay in school for a fifth year to complete the District-established graduation requirements upon agreement with the student, and if under 18 years of age, the person holding the right to make educational decisions for the student, and provide notifications in accordance with Education Code 51225.1.  (Education Code 51225.1)

When a student experiencing homelessness is exempted from District-established graduation requirements, the Superintendent or designee shall consult with the student and if under 18 years of age, the person holding the right to make educational decisions for the student about the following: (Education Code 51225.1)

1. Discussion of how any requirements that are waived may affect the student's postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution
2. Discussion and information about other options available to the student, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges
3. Consideration of the student's academic data and any other information relevant to making an informed decision on whether to accept the exemption

The District shall not require or request a student experiencing homelessness to transfer schools in order to qualify for an exemption and shall not grant any request made by a student experiencing homelessness, the person holding the right to make educational decisions for the student, or the District Liaison on behalf of the student, for a transfer solely to qualify for an exemption.  (Education Code 51225.1)

The Superintendent or designee shall not require a student experiencing homelessness who is eligible for an exemption from District-established graduation requirements, and who would otherwise be entitled to remain in attendance at the school, to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the student is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether such courses are required for statewide graduation requirements.  (Education Code 51225.1)

If a student experiencing homelessness is exempted from District-established graduation requirements, the exemption shall not be revoked. Additionally, the exemption shall continue to apply after the student is no longer experiencing homelessness or if the student transfers to another school, including a charter school, or school district.  (Education Code 51225.1)

The Superintendent or designee shall not require or request a student experiencing homelessness who is exempted from District-established graduation requirements and who completes the statewide coursework requirements before the end of the fourth year of high school, and would otherwise be entitled to remain in school, to graduate before the end of the student's fourth year of high school.  (Education Code 51225.1)

Upon making a finding that a student experiencing homelessness is reasonably able to complete District-established graduation requirements within the fifth year of high school, the Superintendent or designee shall:  (Education Code 51225.1)

1. Consult with the student and, if under 18 years of age, the person holding the right to make educational decisions for the student, of the option to remain in school for a fifth year to complete the District-established graduation requirements and how that will affect the student's ability to gain admission to a postsecondary educational institution
2. Consult with and provide information to the student, or the person holding the right to make educational decisions for the student, about transfer opportunities available through California Community Colleges
3. Upon agreement with the student or with the person holding the right to make educational decisions for the student if under 18 years of age, permit the student to stay in school for a fifth year to complete the District-established graduation requirements
4. Consult with the student or, if the student is under 18 years of age, notify the person holding the right to make educational decisions for the student, of the option to remain in the student's school of origin

When a student experiencing homelessness who has completed the second year of high school transfers into the District from another school district or transfers between high schools within the District, and is not reasonably able to complete the District-established graduation requirements within the student's fifth year of high school but is reasonably able to complete the statewide coursework requirements within the fifth year of high school, the student shall be exempted from all District-established graduation requirements and be provided with the option to remain in school for a fifth year to complete the statewide requirements. In such situations, the Superintendent or designee shall consult with the student and, if under 18 years of age, the person holding the right to make educational decisions for the student, regarding the following:  (Education Code 51225.1)

1. The student's option to remain in school for a fifth year to complete statewide coursework requirements 
2. The effect of waiving the District-established requirements and remaining in school for a fifth year on the student's postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education
3. Other options available to the student, including, but not limited to, possible credit recovery, and any transfer opportunities available through a California Community College
4. The student's academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements

Eligibility for Extracurricular Activities

A student experiencing homelessness who enrolls in any District school shall have access to extracurricular and enrichment activities that are available to all students in the school, including but not limited to, interscholastic sports administered by the California Interscholastic Federation.  (Education Code 48850)

Notification, Complaints, and Posting Requirements

Information regarding the educational rights of students experiencing homelessness, as specified in Education Code 51225.1 and 51225.2, shall be included in the annual uniform complaint procedures notification distributed to students, parents/guardians, employees, and other interested parties pursuant to 5 CCR 4622.  (Education Code 51225.1, 51225.2)

Any complaint that the District has not complied with requirements regarding the education of students experiencing homelessness, as specified in Education Code 51225.1 or 51225.2, may be filed in accordance with the District's procedures in Administrative Regulation 1312.3 - Uniform Complaint Policy.

The Superintendent or designee shall ensure that the District's Liaison and the contact information for such Liaison, as well as specific information on homelessness, including, but not limited to, information regarding the educational rights and resources available to students experiencing homelessness, are posted on the District's website.  (Education Code 48852.6)

Each District school that has a website shall also post the contact information for the District Liaison and the name and contact information of any employee or other person under contract with the school who assists the District Liaison in completing the Liaison's duties pursuant to 42 USC 11432.  (Education Code 48852.6)
 

LEGAL REFERENCE:

EDUCATION CODE
5 CCR 4600-4670 Uniform complaint procedures
39807.5 Payment of transportation costs by parents
48850 Academic achievement of students in foster care and homeless children
48850-48859 Education of foster youth and homeless students
48851 Identification of homeless children and youths and unaccompanied youths; housing questionnaire
48851.3 Homeless education program policies; liaison responsibilities
48851.5 Local educational agency liaison for homeless children and youths
48852.3 Monitoring for compliance with chapter
48852.5 Notice of educational rights of homeless students
48852.6 Information regarding homelessness
48852.7 Education of homeless students; immediate enrollment
48859 Definitions
48915.5 Recommended expulsion; foster youth with disabilities
48918.1 Notice of recommended expulsion
48985 Notices to parents in language other than English
51225.1-51225.3 Graduation requirements
52052 Accountability; numerically significant student subgroups
52060-52077 Local control and accountability plan

FEDERAL CODE
20 USC 1087vv Free Application for Federal Student Aid; definitions
20 USC 1232g Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 Individuals with Disabilities Education Act
20 USC 6311 State plan
42 USC 11431-11435 McKinney-Vento Homeless Assistance Act
42 USC 12705 Cranston-Gonzalez National Affordable Housing Act; state and local strategies

MANAGEMENT RESOUCES
California Child Welfare Council Publication: Partial Credit Model Policy and Practice
Recommendations, September 2013
California Department of Education Publication: Federal Program Monitoring Instrument
California Department of Education Publication: Homeless Education Dispute Resolution Process, March 2020
National Center for Homeless Education Publication: Homeless Liaison Toolkit, 2020
U.S. Department of Education Guidance: Education for Homeless Children and Youths   
Program, Non-Regulatory Guidance, August 2018

Website:  California Department of Education, Homeless Children and Youth Education
Website:  National Center for Homeless Education at SERVE
Website:  National Homelessness Law Center
Website:  U.S. Department of Educaiton - Education for Homeless Children and Youths Grants for State and Local Activities
Website:  California Child Welfare Council

Policy Adopted: June 3, 2003
Revised: August 22, 2023
Revised: June 27, 2024