School Stability for Students Displaced by Hurricane Matthew Jennifer Story Supervising Attorney, Advocates for Children’s Services Legal Aid of NC

Enrollment: Legal Rights – McKinney-Vento Eligibility Students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; are awaiting foster care placement; (*NOTE: this will be removed effective December 10, 2016) are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or 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. Students who otherwise lack a “fixed, adequate, and regular nighttime residence” Unaccompanied homeless youth

Enrollment: Legal Rights – McKinney-Vento Rights: Schools must remove all barriers to a homeless student’s enrollment, attendance, & success in school A homeless student has the right to enroll in EITHER; (1) her school of origin even if the temporary housing arrangement is out of district for the remainder of the academic year, even if child eventually obtains permanent residence (2) a school in the district of her temporary residence LEAs must immediately enroll students experiencing homelessness even if they do not have proof of residency, school and immunization records, birth certificates or other documents, and; even if not accompanied by an adult and/or in the physical custody of a parent or guardian. LEAs must arrange transportation for the student even if the temporary housing arrangement is out of district.  

Enrollment: Legal Rights – McKinney Vento Rights: (Cont’d) Students experiencing homelessness must be given equal access to non-segregated services for all services provided to other students based on individual need LEAs must have a designated coordinator to provide support for homeless students If a dispute arises over eligibility, school selection, or enrollment in a school: Student must be immediately enrolled in the school of his/her choice while all appeals are pending. Parent or unaccompanied youth must be provided a written notice of any decisions made and how to appeal them. District liaison must ensure all dispute resolution proceedings are carried out in a timely manner.

Enrollment: Legal Rights – NCGS § 115C-366 Districts must enroll students who: Are under age 21 Are domiciled in district Have not obtained diploma Have not been convicted of felony Are not suspended or expelled from another district

Enrollment: Exceptions Exceptions to the domicile requirement - Student who resides w/ non-parent , domiciliary adult because of: Death, serious illness, or incarceration of parent/guardian Abandonment by parent/guardian of complete control of student as evidenced by failure to provide substantial financial support and parental guidance Abuse or neglect by parent/guardian Physical or mental condition of parent/guardian is such that s/he can’t provide adequate care and supervision of student Relinquishment of physical custody and control of student by parent/guardian upon recommendation of DSS or DMH Loss or uninhabitability of student's home as result of natural disaster Parent/guardian is one of following: On active military duty and deployed out of district Member or veteran of uniformed services who’s severely injured and medically discharged or retired, but only for a period of one year after the medical discharge or retirement of the parent/guardian Member of uniformed services who dies on active duty, or as result of injuries sustained on active duty, but only for period of one year after death