Homeless Information
Identification, Rights and Support for
Youth Experiencing Homelessness
You may qualify for certain rights and protections under the federal McKinney-Vento Act if you have any of the following living situations:
- Doubled up with other people due to loss of housing or economic hardship
- Rent a room in another person's house
- Live in a converted garage
- Live in a motel or campground due to the lack of an alternative adequate accommodation
- Live in a car, park, abandoned building, bus or train station
- 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.
- Migratory and/or undocumented children or youth who are living in similar circumstances listed above.
Below are the educational rights of youth experiencing homelessness.
- RIGHT TO REMAIN IN THE SCHOOL OF ORIGIN AND EDUCATIONAL RIGHTS
- You have the right to stay in the same school after loss of housing. Your “school of origin” can be:
- The school you attended when you first lost housing,
- The school you most recently attended, or
- Any school you attended in the last 15 months that you feel connected to.
- For High School students, you may stay in your school of origin through graduation.
- You might be eligible to receive transportation to and from the school of origin.
- If you are transitioning from elementary school to middle school or from middle school to high school, you have the right to transition to the same school as your classmates.
- If there is any disagreement about which school you will attend, you have the right to stay in your school of origin until the disagreement is resolved. You may contact the Homeless Liaison for assistance.
- Equal access to to fully participate in all school activities and programs for which the child is eligible with full protections and services provided under all federal and state laws.
- RIGHT TO IMMEDIATE ENROLLMENT IN SCHOOL
- You have a right to immediately enroll in school and begin attending classes, even if you do not have the paperwork you would normally need for enrollment (such as birth certificate, transcript, or individualized education program) or you did not check-out from your previous school.
- Your previous school must send your education records to your new school after you enroll.
- You cannot be forced to attend a continuation school or other alternative education program, such as independent study, even if you are behind in credits or have discipline problems at school.
- You have the right to participate in any activities available at your new school, such as sports teams, tutoring, or after-school clubs, even if you miss a tryout.
- Youth experiencing homelessness have the right to participate in programs for which they meet the eligibility such as career technical education, programs for gifted students and school nutrition programs.
- If a dispute arises over eligibility or school selection:
- The child shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute.
- The parent, guardian or unaccompanied youth shall be referred to the District’s Homeless Liaison, Amy Larson, who will assist with the dispute and ensure the immediate enrollment of the youth.
- The parent/guardian or unaccompanied youth shall be provided with a written explanation of any decisions related to school selection or enrollment and their rights related to appealing these decisions.
- As of July 1, 2015, California law allows qualified homeless individuals to receive a copy of his/her birth record without a fee. Applicants must meet the requirements and complete an affidavit to receive a free copy of a birth record.
- RIGHT TO PARTIAL CREDITS FOR HIGH SCHOOL STUDENTS
- If you change schools during the school year, you have a right to partial credits in all classes that you are passing when you leave your old school, even if you do not complete the entire class.
- After you change schools, your new school must accept any partial credits issued by your old school.
- After you change schools, you have the right to be enrolled in the same or similar classes you were enrolled in at your last school.
- You cannot be forced to retake a class or part of a class that you have already completed with a passing grade, if it would make you off-track for high school graduation.
- You have the right to take or retake any class that you need to go to a California State University or University of California.
- GRADUATION RIGHTS
- If you are behind on your credits, and you transferred schools after your 2nd year of high school, you may be able to graduate by only completing the state’s graduation requirements (130 credits in specific classes) instead of your school district’s graduation requirements.
- Your school must inform you of your right to this option within 30 days of your school transfer, including consulting with you and your parent/guardian about your options. If you do not qualify when you transfer, the school must reassess whether you qualify within the first 30 days of the next school year. You can also request a reassessment at any time and the school must complete it within 30 days.
- You have the right to stay in high school for a fifth year to complete your school district graduation requirements, or the state graduation requirements, even if you are over eighteen.
- If you are eligible (even if you were not originally eligible, your district failed to inform you when you were eligible, or you are now attending adult school), the decision of whether to graduate under the state’s graduation requirements, to defer the decision, or to change your mind before you graduate, is made by your parent/guardian, or you if you are over eighteen.
- SCHOOL DISCIPLINE RIGHTS
- You cannot be suspended for more than five school days in a row or for more than 20 days in a school year.
- You have a right to be told why you are being suspended and the right to provide your version of events and evidence before you are suspended, unless there is an emergency. If the behavior for which you are being suspended could subject you to criminal charges, you should consult with your Education Rights Holder or attorney before providing an oral or written statement to the school or police.
- The District’s Homeless Liaison must be notified if you are being recommended for expulsion.
- You have a right to a formal hearing, and to be represented by an attorney at that hearing, before you are expelled.
- COLLEGE RIGHTS
- You may have the right to have the application fee waived when you apply to a community college in California.
- There may be other resources available, as well.
- RIGHT TO SCHOOL RECORDS
- You have the right to access your school records if you are sixteen years or older or have finished the 10th grade.
- An unaccompanied student experiencing homelessness who is 14 year of age or older may access their records.
- Schools may not release directory information (name, address, phone number, etc.) of students experiencing homelessness, unless a parent or unaccompanied youth expressly provides consent to opt in.
SCHOOL SITE CONTACTS FOR SUPPORT FOR STUDENTS EXPERIENCING HOMELESSNESS:
At the school sites, the intervention counselors provide additional support to youth experiencing homelessness:
The District’s Homeless Liaison, Amy Larson, is able to help with any questions related to youth experiencing homelessness or to resolve any disputes that arise related to school selection or enrollment. She can be reached at 562-698-8121 Ext. 1180 or at [email protected].
RESPONSIBILITIES OF THE DISTRICT’S HOMELESS LIAISON
Ensure that:
- Homeless children and youth are identified by school personnel through outreach and coordination activities with other entities and agencies;
- Homeless children and youth are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency;
- Homeless families and homeless children and youth have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs, early intervention services under part C of the Individuals with Disabilities Education Act and other preschool programs administered by the local educational agency;
- Homeless families and homeless children and youth receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services;
- The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
- Public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths;
- Enrollment disputes are mediated appropriately.
- The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin and is assisted in accessing transportation to the school that is selected.
- School personnel providing services to youth experiencing homelessness receive professional development and other support.
- Unaccompanied youth:
- are enrolled in school;
- have opportunities to meet the same challenging State academic standards as the State establishes for other children and youth
- are informed of their status as independent students and that the youth may obtain assistance from the District’s Homeless Liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid.