Vermont H 835: An act relating to supporting homeless students

Bill Text

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VT LEG #386187 v.1
H.835 1
Introduced by Representative McGill of Bridport 2
Referred to Committee on 3
Date: 4
Subject: Education; attendance; legal residence; homeless students; 5
appropriation 6
Statement of purpose of bill as introduced: This bill proposes to require school 7
districts to (1) immediately enroll homeless students; (2) provide transportation 8
assistance to homeless students attending their school of origin whose parents 9
or legal guardians seek shelter or are located in a different school district; and 10
(3) designate one or more employees of the district as a homeless education 11
liaison. This bill also proposes to create the Educational Stability Grant 12
Program to provide grant money to public education providers to use in 13
supporting highly mobile students by providing academic and social-emotional 14
services and supports with the goals of improving school attendance and 15
promotion rates, reducing behavioral and disciplinary incidents, and increasing 16
graduation rates. 17
An act relating to supporting homeless students 18

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VT LEG #386187 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 16 V.S.A. § 1075 is amended to read: 2
§ 1075. LEGAL RESIDENCE DEFINED; RESPONSIBILITY AND 3
PAYMENT OF EDUCATION OF STUDENT 4
* * * 5
(c) State-placed students. 6
(1) A State-placed student in the legal custody of the Commissioner for 7
Children and Families, other than one placed in a 24-hour residential facility 8
and except as otherwise provided in this subsection, shall be educated by the 9
student’s school of origin, unless the student’s education team determines that 10
it is not in the student’s best interests to attend the school of origin. The 11
student’s education team shall include, as applicable, the student, the student’s 12
parents and foster parents, the student’s guardian ad litem and educational 13
surrogate parent, representatives of both the school of origin and potential new 14
school, and a representative of the Family Services Division of the Department 15
for Children and Families. In the case of a dispute about whether it is in the 16
student’s best interests to attend the school of origin, the Commissioner for 17
Children and Families shall make the final decision. As used in this section, 18
“school of origin” means the school in which the child was enrolled at the time 19
of placement into custody of the Commissioner for Children and Families, or 20

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VT LEG #386187 v.1
in the case of a student already in the custody of the Commissioner for 1
Children and Families, the school the student most recently attended. 2
* * * 3
(e)(1) For the purposes of this title, the legal residence or residence of a 4
child of homeless parents is the child’s school of origin, as defined in 5
subdivision (c)(1) of this section, unless the parents and another school district 6
agree that the child’s attendance in school in that school district will be in the 7
best interests of the child. A “child of homeless parents” means a child whose 8
parents: 9
(1)(A) lack a fixed, regular, and adequate residence; or 10
(2)(B) have a primary nighttime residence in a supervised publicly or 11
privately operated shelter for temporary accommodations such as public 12
assistance hotels, emergency shelters, battered women’s shelters, and 13
transitional housing facilities, or a public or private place not designated for, or 14
ordinarily used as, a regular sleeping accommodation for human beings. 15
(2) If the parents and a school district other than the child’s school 16
district of origin agree that the child’s attendance in school in that school 17
district will be in the best interests of the child, the school district shall 18
immediately enroll the child and contact the school last attended by the child to 19
obtain any records necessary for enrollment. 20

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VT LEG #386187 v.1
(3) If the child continues attendance at the child’s school of origin and 1
the child’s parent or legal guardian seeks shelter or is located in another school 2
district, the school district of the school of origin shall provide transportation 3
assistance to ensure the child can regularly attend school. 4
(4) The board of each school district shall designate one or more of the 5
employees of the school district to act as a homeless education liaison. The 6
homeless education liaison shall facilitate a homeless child’s access to and 7
success in school. The homeless education liaison shall also assist in the 8
mediation of any disputes concerning school enrollment, in making 9
arrangements for transportation of the homeless child to and from school, and 10
in requesting school and immunization records, and assist any unaccompanied 11
homeless child in making enrollment decisions. On or before the average daily 12
members