2017 Colorado Revised Statutes
Title 22 - Education
School Districts
Article 33 - School Attendance Law of 1963
Part 1 - School Attendance Law of 1963
§ 22-33-103.5. Attendance of homeless children
(1) Equal access to school. Nothing in this article shall be construed to prohibit a child from attending a public school without the payment of tuition solely because the child is homeless as defined in section 22-1-102.5.
(2) Place of residence of a homeless child. A child found to be homeless pursuant to the provisions of section 22-1-102.5 may be deemed by the school districts described in paragraphs (a) and (b) of this subsection (2), taking into consideration the best interests of the child, to reside in:
(a) The school district where the child presently seeks shelter or is located; or
(b) For so long as the child remains homeless, the school district in which the child's school of origin is located; except that a child who, subsequent to becoming homeless, becomes permanently housed in the same school year may be deemed to reside in the school district of the school of origin, but only for the remainder of the school year.
(3) Best interests of a homeless child. In determining the best interests of a homeless child for purposes of subsection (2) of this section, the school districts described in paragraphs (a) and (b) of subsection (2) of this section shall:
(a) To the extent feasible and except when it is against the wishes of the homeless child's parent or legal guardian or against the wishes of an unaccompanied homeless child, keep the homeless child in the homeless child's school of origin;
(b) Provide a written explanation, including a statement regarding the right to appeal pursuant to subsection (4) of this section, to the parent or legal guardian of the homeless child, if the school districts send the homeless child to a school other than the child's school of origin or to a school other than the school requested by the parent or legal guardian;
(c) In the case of an unaccompanied homeless child, assure that the homeless child liaison designated by one of the school districts pursuant to subsection (7) of this section assists in the placement or enrollment decisions, considers the school preference of the unaccompanied homeless child, and provides notice of the right to appeal pursuant to subsection (4) of this section to the unaccompanied homeless child.
(4) Disputes. (a) If a homeless child's parent or legal guardian or an unaccompanied homeless child disagrees with the decision of the school districts pursuant to subsection (2) of this section, the homeless child shall be immediately enrolled in the school selected by the homeless child's parent or legal guardian or, in the case of an unaccompanied homeless child, by the child, pending resolution of the dispute through the appeal process created by the department of education pursuant to paragraph (b) of this subsection (4).
(b) Consistent with federal requirements, the department of education shall create an appeal process for a parent or legal guardian of a homeless child or an unaccompanied homeless child to pursue if the parent or legal guardian or the unaccompanied homeless child disagrees with the decision of the school districts pursuant to subsection (2) of this section.
(5) Enrollment. (a) The school selected for a homeless child pursuant to this section shall immediately enroll the homeless child, even if the child lacks records normally required prior to enrollment.
(b) The enrolling school shall immediately contact the school last attended by the homeless child to obtain any records necessary for enrollment.
(c) If the homeless child's immunizations are incomplete or if the homeless child's immunization records are unavailable, the enrolling school shall arrange for such immunizations as may be necessary.
(6) Transportation. (a) If it is determined pursuant to subsection (2) of this section that the best interest of a homeless child is to continue his or her education at the school of origin and the homeless child presently seeks shelter or is located in another school district, and the homeless child's parent or legal guardian or the homeless child liaison, on behalf of an unaccompanied homeless child, requests transportation to and from school, the school district where the homeless child presently seeks shelter or is located and the school district in which the school of origin is located shall agree upon a method to apportion cost and responsibility for the transportation of the homeless child to the school district where the homeless child is attending, or, in the alternative, each school district shall share equally in the cost and responsibility for transportation.
(b) If a homeless child continues to reside in the school district in which the school of origin is located, such school district, upon request of the homeless child's parent or legal guardian or upon request of the homeless child liaison, on behalf of an unaccompanied homeless child, shall arrange or provide for transportation of the homeless child to and from school.
(7) Liaison. The board of education of each school district in the state shall designate one or more of the employees of the school district to act as a homeless child liaison. The homeless child liaison shall facilitate a homeless child's access to and success in school. The homeless child liaison shall also assist in the mediation of any disputes concerning school enrollment, assist in making arrangements for transportation of the homeless child to and from school, assist in requesting school and immunization records, and assist any unaccompanied homeless child in making enrollment decisions. On or before the pupil enrollment count day, the homeless child liaison in each school district shall report to the department of education the number of homeless children enrolled in the school district.
(8) Definitions. As used in this section, unless the context otherwise requires:
(a) "School of origin" means the school a child attended at the time the child became homeless, or, if the child became homeless during a period that he or she was not attending school, the last school the child attended prior to becoming homeless.
(b) "Unaccompanied homeless child" means a child who meets the requirements of section 22-1-102.5 who is not in the physical custody of a parent or legal guardian.
