# Title 67 — Public Instruction, Superintendent of

## Article 67-08 — Homeless Children Education

## Chapter 67-08-01 — Homeless Children Education

### § 67-08-01-01. Purpose.

The purpose of this chapter is to facilitate the enrollment of homeless children of school age in the
public school districts of North Dakota to enable them to have access to a free, appropriate public
school education, and to be free of being stigmatized on the basis of their status as homeless.
History: Effective May 1, 1992; amended effective January 1, 2020.
General Authority: NDCC 15.1-19-08, 28-32-02
Law Implemented: NDCC 15.1-19-08
### § 67-08-01-02. Definitions.

1. "District of origin" means the public school district in North Dakota in which the child was last
enrolled or which the child last attended when permanently housed.
2. "Guardian" means a person of majority age with whom a homeless child or youth of school
age is living or a person of majority age who has accepted responsibility for the homeless
child or youth, whether or not the person has legal guardianship over the child or youth.
3. "Homeless child or youth" means a child or youth from the age of three through twenty-one
who lacks a fixed, regular, and adequate nighttime residence and includes the following:
a. A child or youth who is sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; is living in a motel, hotel, trailer park, or camping
grounds due to the lack of alternative adequate accommodations; is living in an
emergency or transitional shelter; or is abandoned in a hospital;
b. A child or youth who has 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;
c. A child or youth who is living in a car, park, public space, abandoned building,
substandard housing, bus or train station, or similar setting; or
d. A migratory child or youth who qualifies as homeless because the child or youth is living
in circumstances described in subdivisions a, b, and c of subsection 3.
4. "Preschool child" means a child who is three, four, or five years of age before September
fifteenth of the current school year.
5. "School of origin" means the school that a child or youth attended when permanently housed
or the school in which the child or youth was last enrolled, including a preschool. When the

child or youth completes the final grade level served by the school of origin, the term "school
of origin" includes the designated receiving school at the next grade level for all feeder
schools.
6. "Unaccompanied youth" means a youth not in the physical custody of a parent or guardian.
History: Effective May 1, 1992; amended effective January 1, 2020.
General Authority: NDCC 15.1-19-08, 28-32-02
Law Implemented: NDCC 15.1-19-08
### § 67-08-01-03. Responsibility.

Each district in North Dakota shall:
1. Locate and identify children and youth experiencing homelessness within the district, whether
or not they are enrolled;
2. Post notice of rights, that provides information regarding the educational rights of children and
youth experiencing homelessness, in all school buildings as well as other locations in the
district where services or assistance is provided to those experiencing homelessness.
3. Examine and revise, if necessary, existing school policies or rules that create barriers to the
enrollment of children or youth experiencing homelessness. Examination and revision include
identifying and removing barriers that prevent such children and youth from receiving
appropriate credit for full or partial coursework satisfactorily completed while attending a prior
school, in accordance with state, local, and school policies. Examination and revision also
include ensuring homeless children and youth who meet the relevant eligibility criteria do not
face barriers to accessing academic and extracurricular activities, including magnet school,
summer school, career and technical education, advanced placement, online learning, and
charter school programs, if such programs are available at the state and local levels. School
districts are encouraged to cooperate with agencies and organizations for the homeless to
explore comprehensive, equivalent alternative educational programs and support services for
children and youth experiencing homelessness to implement the intent of these rules.
4. Enact a policy prohibiting the segregation of children and youth experiencing homelessness
from other students enrolled in the public school district.
5. Immediately enroll a child or youth experiencing homelessness, pending resolution of any
dispute regarding in which school the child or youth shall be enrolled.
6. Determine school placement based on the best interests of a child or youth experiencing
homelessness. Each district, to the extent feasible, shall keep a child or youth who is
experiencing homelessness in the school of origin, except when doing so is contrary to the
wishes of the child's or youth's parents or guardian. If the child or youth becomes permanently
housed during an academic year, enrollment must continue in the school of origin for the
remainder of that academic year unless the parents agree otherwise.
7. Designate an appropriate staff person as local homeless liaison who is able and has been
trained to carry out the following duties:
a. Ensure children and youth experiencing homelessness are identified by school personnel
through outreach and coordination activities with other entities and agencies;
b. Ensure children and youth experiencing homelessness are enrolled in, and have a full
and equal opportunity to succeed in, schools of the district;

c. Ensure families, children and youth experiencing homelessness receive educational
services for which they are eligible, including services through head start programs,
including early head start programs, under the Head Start Act [42 U.S.C. 9831, et seq.],
early intervention services under part C of the Individuals With Disabilities Education Act
[20 U.S.C. 1431, et seq.], and other preschool programs administered by the district, and
referrals to health care services, dental services, mental health services, and other
appropriate services;
d. Ensure families and children and youth experiencing homelessness receive referrals to
health care services, dental services, mental health and substance abuse services,
housing services, and other appropriate services;
e. Ensure the parents or guardians of children and youth experiencing homelessness 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;
f. Ensure public notice of the educational rights of children and youth experiencing
homelessness are disseminated in locations frequented by parents or guardians of such
children and youth, and unaccompanied youth, including schools, shelters, public
libraries, and soup kitchens, in a manner and form understandable to the parents and
guardians of children and youth experiencing homelessness and unaccompanied youth;
g. Ensure enrollment disputes are mediated in accordance with 42 U.S.C. 11432(g)(3)(E),
which requires the following:
(1) The child or youth must immediately be enrolled in the school in which enrollment is
sought pending resolution of the dispute;
(2) The parent or guardian of the child or youth must be provided written explanation of
the school's decision regarding school selection or enrollment, including the rights of
the parents, guardian, or youth to appeal the decision;
(3) In the case of an unaccompanied youth, the local educational agency liaison shall
ensure the youth is enrolled immediately in the school in which enrollment is sought
pending resolution of the dispute.
h. Ensure the parent or guardian of a child or youth experiencing homelessness, or the
unaccompanied youth, is informed fully of all transportation services and is assisted in
accessing transportation to the school of enrollment;
i. Ensure school personnel receive professional development and other support;
j. Ensure unaccompanied youth:
(1) Are enrolled in school;
(2) Have opportunities to meet the same challenging academic standards as are
established for other children and youth, including implementation of the procedures
under the Every Student Succeeds Act; and
(3) Are informed of their status as an independent student under Section 480 of the
Higher Education Act of 1965 [20 U.S.C. 1087vv] and that the youth may obtain
assistance from the local educational agency liaison to receive verification of such
status for the purposes of the free application for federal student aid described in
Section 483 of such Act [20 U.S.C. 1090]; and

k. Coordinate and collaborate with state coordinator and community and school personnel
responsible for the provision of education and related services to children and youth
experiencing homelessness.
History: Effective May 1, 1992; amended effective January 1, 2020.
General Authority: NDCC 15.1-19-08, 28-32-02.
Law Implemented: NDCC 15.1-19-08; 42 USC 9831, et seq., 20 USC 1431, et seq., 20 USC 1087vv,
20 U.S.C. 1090, P.L. 114-95, 42 USC 11432(g)(3)(E)
### § 67-08-01-04. Accountability.

A district shall include homeless students in its academic assessment and accountability system
under the federal Every Student Succeeds Act [P.L. 114-95]. A district shall report disaggregated data
regarding the academic achievement and graduation rates for homeless children, as required by
Section 1111 of the Every Student Succeeds Act.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-19-08, 28-32-02
Law Implemented: NDCC 15.1-19-08; P.L. 114-95
