Who Are Our Kids? Karen Haase Harding & Shultz (402) 434 434-3000 3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
The Joyy of 79-215 Residents Homeless Contracted students Option Students State Wards Non-wards residentially placed
So, who belongs in your school?
Residents ďƒ˜Students are residents of the district in which they reside ďƒ˜Students are residents of any district where one of their biological parents reside id 79-215(1) and (2)
Homeless – Federal Def. lack a fixed, regular, and adequate nighttime residence Includes: • Living with family or in motel • Abandoned Ab d d • awaitingg foster care • Living in cars, parks, etc • Migratory children children. 42 U.S.C. § 11301
Kid who moves during year “A school board may allow a student whose residency in the district ceases during a school year to continue attending school in such di t i t ffor th district the remainder i d off th thatt school year” y 79 215(4) 79-215(4)
Kid who’s been contracted to attend tt d your di district t i t By another B th di district t i t Byy p parents of children who reside in a neighboring state 79-215(5) and (8)
Option Students Foster parents can can’tt option Parents “eligible” for mileage if qualify lif for f free f lunch l h Option p students p placed out of district 79-215(5) and (8) 79 241 79-241
State Wards NOT in Foster Remains resident S State pays if if: • Placed in different district • Placed in institution with SpEd program Resident dist. still obligated for IEP Resident dist. lists on NSSRS 79-215(9)
State Wards who ARE Foster Remains resident of home dist. NOT resident id off ffoster h home di district i Should continue attendingg original g school unless HHS determines otherwise DO NOT enroll foster kids as a matter of course 79-215(9)
Non State Wards R id ti ll Placed Residentially Pl d If facility doesn doesn’tt have ed ed. program • resident dist. “shall contract” with f ili dist. facility di • IEP,, etc. transfers to facilityy dist. • Unless agreement otherwise • If wrong district pays, pays correct district has to reimburse 110% NDE appeal process 79-215(10)(a)
Non State Wards R id ti ll Placed Residentially Pl d If facility does have ed. program • NDE pays • Resident dist. still responsible for IEP, NSSRS, etc. • 79-215(10)(c)
Kid in Detention Facility State Pays Statute silent re “residency” A Assume resident id t di dist. t still till responsible p for IEP, NSSRS, etc. 79-215(11)
Who Are Our Kids? Karen Haase Harding & Shultz (402) 434 434-3000 3000 khaase@hslegalfirm.com H & S School Law @KarenHaase