Bartholomew Consolidated School Corporation Policies Related to Homelessness
Bartholomew Consolidated School Corporation
5111.01 - HOMELESS STUDENTS
A student shall be considered homeless under Federal law (42 U.S.C. 11431 et seq.) if s/he is an individual who:
lacks a fixed, regular, and adequate nighttime residence and is living:
in "doubled-up" accommodations, such as sharing housing with other families or individuals;
temporarily in trailer parks or camping areas because of inadequate living accommodations;
temporarily in a foster home because of lack of shelter space;
in run-away shelters or abandoned buildings, on the streets, or with friends;
as an unwed mother or expectant mother in a home for unwed mothers and with no other available living accommodations;
has a primary nighttime residence that is:
a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, or transitional housing for the mentally ill;
an institution that provides temporary residence for individuals intended to be institutionalized; or
a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
Such students are eligible for free textbooks and school meals which should be noted on the enrollment form at the time of enrollment.
Transportation of Homeless Students
Homeless students must be provided transportation in accordance with I.C. 20-27-12-5.
Liaison for Homeless Children
The Superintendent will appoint a Liaison for Homeless Children whose general duty will be to safeguard the rights of homeless children attending school in this Corporation. The Liaison must be notified immediately upon the enrollment or assignment of a homeless child. The Liaison will coordinate Corporation operations and services so that:
homeless children are identified, with special attention given to the enrollment and attendance of homeless children who are not currently attending school;
homeless children are immediately enrolled regardless of disputed residency;
homeless children have a full and fair opportunity to succeed in school;
homeless children and unaccompanied youth receive educational services for which they are eligible, including any Corporation preschool programs, and referrals to health care services, dental services, mental health services, and other appropriate services;
parents of homeless children and unaccompanied youth are informed of the educational and related opportunities available, including the opportunity to attend the child’s school or origin, and are provided with meaningful opportunities to participate in the education of their children;
enrollment disputes are mediated in accordance with procedures in part B of this administrative guideline;
the parents of any homeless child and any unaccompanied youth are fully informed of transportation services and assisted in accessing such transportation.
Upon enrollment of a homeless child, the Liaison will coordinate with appropriate administrative staff to assure that the school last attended by a homeless child is immediately contacted to provide academic or other relevant records. If upon enrollment, the homeless child is found to be in need of any immunization required for enrollment by State law or any medical records, the Liaison will assist the family or student in obtaining the immunizations or necessary, medical records. The Liaison will also contact the administrator in charge of transportation to assure transportation of the homeless student is provided.
As part of his/her assigned duties, the Liaison will coordinate and collaborate with the community and school personnel responsible for providing education to homeless children, including but not limited to:
local social service agencies and other agencies or programs providing services to homeless children and their families;
other school corporations regarding inter-district issues, such as transportation or the transfer of school records.
Such coordination should be designed to:
facilitate homeless children having access and reasonable proximity to available education and related support services;
raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness.
As part of his/her assigned duties, the Liaison for Homeless Children will inform school personnel, services providers and advocates working with homeless families about his/her duties.
Should there be a dispute regarding the enrollment or assignment of a homeless student, the student will be enrolled immediately and the dispute will be referred to the Liaison for expeditious resolution. The Liaison should attempt to resolve disputes within five (5) school days. Any dispute which cannot be resolved by the Liaison should be reported to the State Coordinator for the Education of Homeless Children at the Indiana Department of Education. According to State guidelines, the State Coordinator has an additional five (5) school days from the time of notification to bring about resolution. Individuals not satisfied with the State Coordinator’s proposed resolution can appeal such decision to the Superintendent of Public Instruction within five (5) school days for final resolution of the dispute.
8600 - TRANSPORTATION
It is the policy of the School Board to provide transportation for those students whose distance from their school makes this service necessary. The regulations of the State Department of Education shall govern any question not covered by this policy.
School buses shall be purchased, housed, and maintained by the Corporation for the transportation of resident students between their home areas and the schools of the Corporation to which they are assigned. Tobacco use is prohibited on a school bus. A school bus is a motor vehicle that is designed and constructed for the accommodation of at least ten (10) passengers and used for the transportation of school children to and from school, school athletic games or contests, and other school functions. The term "school bus" does not include a privately owned automobile with a capacity of not more than five (5) passengers that is used for the purpose of transporting school children to and from school.
A special purpose bus is any motor vehicle designed and constructed for the accommodation of more than ten (10) passengers that meets the Federal school bus safety standards except the requirement for stop arms and flashing lights, that is used by the School Corporation for transportation purposes not appropriate for school buses.
A special purpose bus may not be used to provide regular transportation of school children (except for persons enrolled in a special program for the habilitation or rehabilitation of developmentally disabled or physically disabled persons) between their residence and the school.
A special purpose bus may be used to transport students and their supervisors, including coaches, managers, and sponsors to athletic, other extracurricular school activities, and field trips.
A special purpose bus may also be used to transport homeless students.
If the special purpose bus has a capacity of less than sixteen (16) passengers, the operator must hold a valid operator's, chauffeur's, commercial drivers, or public passenger chauffeur's license. If the special purpose bus has a capacity of more than fifteen (15) passengers, the operator must meet the requirements of a regular school bus driver.
A special purpose bus is not required to be constructed, equipped, or painted as specified for a regular school bus.
Transportation of eligible vocational or special education children between their home and schools outside the Corporation shall be arranged through the use of Corporation-owned vehicles, through cooperation with other corporations, through commercial carriers, and/or by other means in the most efficient and economical manner.
Transportation between home area and school shall be provided for each resident child attending a State approved nonpublic school within the Corporation in accordance with I.C. 20-27-11(a)(b).
Vehicle routes shall be established so that an authorized vehicle stop is available within reasonable walking distance of the home of every resident student entitled to transportation services with consideration of a one (1) mile walk zone for elementary and a one and one-half (1.5) mile walk zone for middle school and high school.
The Board authorizes the installation and use of video recording devices in the school buses to assist the drivers in providing for the safety and well-being of the students while on a bus.
The Superintendent shall be responsible for developing and implementing appropriate administrative guidelines for this policy.
I.C. 20-26-5-4; 20-27-3-5; 20-27-9, 20-27-9-5; 20-27-12-5
460 - CHILD FIND AND SPECIAL EDUCATION
The Board shall provide for the location, identification and evaluation of all students at least three (3) years of age but less than twenty-two (22) years of age, who are in need of special education and related services, regardless of the severity of their disabilities, including students who:
have legal settlement within the service area of the Board;
attend a nonpublic school, are served by the Board;
are homeless students, as defined at 511 IAC 7-32-46;
are wards of the State:
are highly mobile students, including migrant students; and
are suspected of being students, with disabilities in need of special education even though they are advancing from grade to grade.
The Board directs the Superintendent to establish, maintain and implement written procedures to ensure the location, identification and evaluation of these students.
The Board shall provide a free and appropriate public education ("FAPE") to all students who are at least three (3) years of age, have legal settlement in the Board's service area, have been identified as a student with a disability, and have not been enrolled in a charter school or parentally-placed in a non-public school until they graduate with a high school diploma, or the end of the school year in which they become twenty-two (22) years of age, unless the case conference committee determines that the student will leave school earlier.
The Board shall provide special education and related services and supplemental aides and services as may be necessary for a student with a disability to receive a FAPE in the general education classroom, if that is the least restrictive environment appropriate for the student.
The Board directs the Superintendent to plan, implement, and coordinate a comprehensive special education program in accordance with Federal and State law.
The Board may enter into an agreement with other school boards to form a special education cooperative to provide all or any part of the special education program required by this policy.
The Superintendent shall prepare whatever administrative guidelines are necessary to ensure effective implementation of the special education program maintained pursuant to this policy.
20 U.S.C. 1400 et seq.
I.C. 20-35-5511 IAC 7
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Bartholomew Consolidated School Corporation
Bylaws & Policies
5111 - DETERMINATION OF LEGAL SETTLEMENT AND ELIGIBILITY FOR ENROLLMENT OF STUDENTS WITHOUT LEGAL SETTLEMENT IN THE CORPORATION
The Board establishes the following policy for determining student eligibility to attend the schools of this Corporation.
The Board will educate, tuition free, students who have legal settlement in the Corporation, and students enrolled according to the requirements of I.C. 20-26-11.
Where the legal settlement of a student cannot reasonably be determined by reference to the residence of the student’s parent or legal guardian and the student is being supported by and living with a person whose residence is within the Corporation, the student may be enrolled without payment of tuition. If the parents are able to support the student and have placed the student in the home of another person primarily for the purpose of attending school in this Corporation without establishing legal guardianship as required by Indiana law, tuition will not be charged unless otherwise required by law.
A child who is placed in foster care by a court of competent jurisdiction shall be admitted tuition free, without regard to residency, to a school within the Corporation, as selected by the State Department of Human Services or the child placing agency responsible for placement of that child.
Foreign students participating in a foreign-exchange program approved by the Indiana State Board of Education and living with a resident host family will be admitted tuition free.
The Corporation will provide a free education to those students who are considered by Federal law to be illegal aliens, if the student's parent or legal guardian has legal settlement within the Corporation, or considered to be homeless by criteria established by the State (see Policy 5111.01 and AG 5111.01 - Homeless Students).
Students who have completed the eleventh grade and have changed legal settlement to another school corporation may complete the twelfth grade in this Corporation.
A married student living with a spouse or a married or unmarried emancipated minor is eligible to attend school without payment of tuition if the student resides in the Corporation.
Children of Divorced Parents
Children of divorced parents may attend school in this Corporation without the payment of tuition if one (1) parent resides in this Corporation and an election is made utilizing the "Custodial Statement and Agreement: Divorce, Separation, or Abandonment" form provided by the Indiana State Board of Education.
The parent with physical custody of the student or the student, if the student is at least eighteen (18) years of age, must notify the Superintendent of the school corporation in which the parents/student seek to have the student enrolled of their election to enroll the student in the Corporation. The election shall be made on a yearly basis and applies throughout the school year unless the student's parent no longer resides within the attendance area of the Corporation.
If a student's parent fails to inform the Corporation of the expulsion or withdrawal to avoid expulsion or the student fails to follow the terms and conditions established for enrollment, the Corporation may withdraw consent and prohibit the student's enrollment during the period of the actual or proposed expulsion. Before consent is withdrawn, the student must be given an opportunity for an informal meeting with the principal. At the informal meeting, the student is entitled to:
a written or verbal statement of the reasons for the withdrawal of consent;
a summary of the evidence against him/her;
an opportunity to explain his/her conduct.
Students whose parents do not have legal settlement within the Corporation but who present evidence that they will move into the Corporation within a short period of time may enroll in the schools of this Corporation as tuition students for the time not in residence.
Students who do not have legal settlement may/will be enrolled in the special education program of this Corporation pursuant to the provisions of a Cooperative agreement.
Nonresident students may be accepted into the Summer School Program provided by this Corporation.
In addition to students with legal settlement in the Corporation, students without legal settlement in the Corporation (hereafter referred to as "transfer students") will be enrolled in compliance with I.C. 20-26-11-32 and the following procedure:
By March 15th, the Board will establish the number of transfer students that can be accepted in each building and grade level.
The Board will establish a date by which requests to enroll a transfer student must be submitted to the Superintendent. This date shall be submitted to the Indiana Department of Education and published on the Corporation Internet website.
Requests to enroll a student without legal settlement in the Corporation shall not be denied if the student to be transferred:
has been enrolled in the Corporation in the prior school year;
is a member of a household in which any other member of the household is a student in the transferee school; or
has a parent who is an employee of the Corporation.
If the number of requests to enroll in each building and grade level exceeds the number established by the Board reduced by the number of transfers that may not be denied as described in paragraph (C) above, the students to be enrolled in each building and grade level shall be determined by random selection in which each application submitted on or before the date established by the Board pursuant to paragraph (A) above has an equal chance of being selected.
Pursuant to State law, the Board may deny a student’s application to transfer to the Corporation, discontinue enrollment of a transfer student currently attending, rescind approval of a student approved to attend in a subsequent year, or establish terms or conditions for enrollment or for continued enrollment in a subsequent school year, if:
during the preceding twelve (12) months, the student has been suspended or expelled for:
ten (10) or more school days;
possession of a firearm, deadly weapon, or a destructive device;
causing physical injury to a student, school employee or visitor to the school; or
a violation of the Corporation's drug or alcohol rules.
the student has had a history of unexcused absences, and the Board believes that, based upon the location of the student's residence, attendance would be a problem for the student if the student is enrolled in the Corporation.
For purposes of computing the number of days of suspension of the student requesting enrollment, student discipline received from a teacher pursuant to I.C. 20-33-8-25(b)(7) and I.C. 20-26-11-32(j) shall be included in the calculation of the number of school days that a student has been suspended.
Transportation will not be provided by the School Corporation for transfer students accepted for enrollment.
No transfer student shall be accepted for enrollment for athletic reasons.
Transfer students will not be charged unless otherwise required by law.
I.C. 20-18-2-11 (legal settlement defined)
I.C. 20-33-2-12 (transfer to another accredited or non-accredited school)
I.C. 20-33-8-17 (expulsion for lack of legal settlement)
I.C. 20-26-11-1 (residence defined)
I.C. 20-26-11-2.5 (divorced parent election)
I.C. 20-26-11-6(e) (option to not charge transfer tuition)
I.C. 20-26-11-6.5 (children of school employees)
I.C. 20-26-11-6.7 (nonpublic school students)
I.C. 20-26-11-32 (student transfer requests, HEA 1381 – 2013;
SEA 108 - 2017)
I.C. 20-26-11-33 (non-transfer student attending alternative education program)
Plyer v. Doe, 457 U.S. 202 (1982) (State Statute denying free public education to
illegal immigrants violated the Equal Protection Clause of the Fourteenth
Divorced Parents Agreement:
Third Party Agreement:
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