The tragic Valley Fire has resulted in the loss of homes for many families. Families with children may be seeking to enroll their children within another school district. Please be advised that pursuant to the McKinney-Vento Homeless Assistance Act and Education Code sections 48850 et seq. homeless youth (such as those living with a family friend, residing in a hotel, residing in an emergency shelter, etc.) have a right to immediate enrollment within the school district in which they are residing due to their homeless situation regardless of their ability to provide the school district with records normally required for enrollment such as proof of residency. The school district should make a reasonable effort to verify the student is residing within the school district such as a letter from a homeless/emergency shelter, hotel receipt, or affidavit signed by the student’s parent/guardian or other adult relative.

LEGAL UPDATE

September 16, 2015

To: Superintendents, Member School Districts (K-12)

From: Carl D. Corbin, General Counsel

Subject: Homeless Youth Right to Immediate Enrollment in School

Memo No. 23-2015

The tragic Valley Fire has resulted in the loss of homes for many families. Families with children may be seeking to enroll their children within another school district. Please be advised that pursuant to the McKinney-Vento Homeless Assistance Act[1] and Education Code sections 48850 et seq. homeless youth (such as those living with a family friend, residing in a hotel, residing in an emergency shelter, etc.) have a right to immediate enrollment within the school district in which they are residing due to their homeless situation regardless of their ability to provide the school district with records normally required for enrollment such as proof of residency. The school district should make a reasonable effort to verify the student is residing within the school district such as a letter from a homeless/emergency shelter, hotel receipt, or affidavit[2] signed by the student’s parent/guardian or other adult relative.

Your school district should have a Board Policy (“BP) and Administrative Regulation (“AR”) regarding homeless youth (typically found at BP/AR 5111.1 and 6173).

Please contact your respective County Office of Education Homeless Youth Liaison for further assistance regarding this issue. You may also contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

[1] 42 U.S.C. sections 11431 et seq.

[2] A sample affidavit from the California Department of Education (“CDE”) may be found at: http://www.cde.ca.gov/sp/hs/cy/documents/engdeclar.doc.

Homeless Youth Right to Immediate Enrollment in School (K-12)

Contact SCLS