If the OP is homeless, living in transitional/temporary housing or a doubled up situation, s/he by law has the right to stay in his/her original school if it is his/her desire to do so.
The Department of Education (DOE) is required to educate children who are homeless or living in temporary housing. Federal law (the McKinney-Vento Homeless Assistance Act) defines "homeless" as living somewhere that is not "fixed, regular, and adequate."
http://www.serve.org/nche/downloads/mv_full_text.pdf Quote:
So, students are considered homeless if they:
live in a shelter, transitional shelter, motel, or campground; a car, bus, or train; or a park, abandoned building, or other public place
have been abandoned or are awaiting foster care
must double up with friends or relatives due to loss of housing or economic hardship.
Children who are homeless are entitled to:
A free public education
Attend school no matter how long they have lived at their current location
Stay in their school of origin (the school they attended before becoming homeless or the last school they attended) or immediately enrolling in and attending their new local school
Services comparable to those provided to other students at the school, including programs in vocational and technical education, gifted and talented programs, programs for children with disabilities, and programs for students learning English
Transportation to and from their school of origin, even if they are living outside district lines, and even if transportation is not available to permanently housed students
The same transportation services to and from the new local school that are offered to permanently housed students
In short, students who live in temporary housing must not be denied school enrollment just because of their living situation or because they lack enrollment documentation.
If a dispute arises over school selection, enrollment, transportation, or the question of whether or not a student is homeless, the student must be admitted immediately to the school where she is seeking enrollment pending resolution of the dispute. Once there is a decision made, the parent/guardian must be provided with a written explanation of the school's decision and be informed of the right to appeal. Your district has a liaison (called a "Students in Temporary Housing Content Expert" in New York City) who is required to assist you with the dispute resolution process.
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