Temporarily Displaced Students (NCLB)

This Question and Answer (Q&A) document will provide information to Local Education Agencies (LEAs) pertaining to children who have temporarily relocated to a different San Diego County due to the effects of the local fires.

Q1.  What policies/guidelines govern the actions of LEAs relative to children relocating within San Diego County, or continuing in a district but are currently “homeless” by NCLB McKinney Vento definition because of the fires?

A.  Local education agencies should follow their NCLB McKinney-Vento Act (Homeless Education) policies/guidelines as they relate to children displaced by the fires.

Q2.  What school records must students have to enroll in schools within San Diego County after being displace by the fires?

A.  In an emergency situation such as fire where there was immediate evacuation, a family may not have the normally required documents such as school records, medical records, proof of residency, or other documents.  The local education agency (LEA) will follow their McKinney-Vento Act policies and guidelines and enroll students without requiring these documents. Since the fires occurred locally and so far no schools have been destroyed, you should be able to send for the student’s records as you would normally.

Q3.  What health and immunization records do students need for school while temporarily living in a different location within San Diego County?

A.  As was said above, students must be immediately enrolled without these documents, if they are residing within the bounds of your district and qualify under the McKinney Vento Act.  As with Hurricane Katrina, districts should allow students the opportunity to replace these documents. This will typically take 30 to 90 days depending on the number of requests and burden on the system. Please be patient.

 Q4.  Which school should a student attend and do we need to provide transportation?

A.   Students should be allowed to enroll immediately in the local school near where they are living or to continue in their school of origin as the law stipulates The LEA must provide transportation to and from the local school (per your district policy) if other students who attend the school also receive transportation. In addition, if transportation to and from the school of origin in another district is necessary, you will need to follow the mandates of the NCLB McKinney Vento Act. See the San Diego County Office of Education website at http://nclb.sdcoe.net/ for complete details on our San Diego County agreement regarding transportation (that all local districts planned and agreed to when McKinney Vento became law under this provision).

Q5.  What services should the student receive?

A.  Any student who is in a homeless situation is covered by the federal McKinney-Vento Act and can receive free school meals. Students, who need special education, Section 504 of the Rehabilitation Act accommodations, gifted and talented programs, English language programs, or other services, to the extent feasible, will be provided such services.  Additional services may be provided through the LEA Title I program. Hopefully, mental health support, as needed will be provided as well.

Q6.  How will students receive meals at their new school?

A.  Students who are victims of a disaster such as fires will be categorized as students who are in homeless situations and will be eligible for free meals while attending their temporary school (or permanent school depending on how the fires have impacted their living situation).  The student must be enrolled in the LEA and his/her name must appear on a list compiled by the LEA Homeless Liaison. A list from a shelter director may also be used to identify students who are homeless but those students must also be enrolled in the LEA.  A list will be provided to the school nutrition program for students who are eligible for free meals. No application is required to receive free meals.

Q7.   How are special education services provided for displaced students?

A.  Accept the student into your school special education program immediately.  Take the parents at their word. Request special education records as soon as possible.  Since most school districts maintain special education records electronically, contact the appropriate manager of the special education information system to obtain a copy of the IEP quickly.  If the student enrolls in a school within the same SELPA, implement the IEP as written.  If the student was enrolled in a district from another SELPA, the district must provide the student with a free appropriate public education, including services comparable to those described in the previously approved individualized education program.  Consult with the parents regarding how services will be provided for a period not to exceed 30 days.  At the end of the 30 days, convene an IEP team meeting to either adopt the previously approved IEP or develop a new IEP that provides a free appropriate public education (FAPE)

Q8.  Will Schools be reimbursed for food used to feed displaced student in shelters?

A.   No.  Schools will only receive reimbursement for meals served under the National School Lunch Program to children in schools.  No reimbursement will be available at this time for feeding individuals other than children enrolled in school.

Q9.  Will schools be reimbursed for transporting students or other costs associated with educating who have been victims of the fire but are now deemed to be homeless?

A. Probably not. Since NCLB McKinney Vento requires that students who qualify under this Act receive these services, and there are currently no mechanisms for reimbursement other than to utilize existing local district funds, it is doubtful that FEMA or any other federal or state funded program would reimburse you.