Washington § 28A.707.030 - School district duties — Selection of school — Best interest determination — Disputes.

(1) The school district serving each homeless child or youth to be assisted under this chapter shall, according to the homeless child's or youth's best interest:

(a) Continue the homeless child's or youth's education in the school of origin for the duration of homelessness:

(i) In any case in which a family becomes homeless between school years or during school year; and

(ii) For the remainder of the academic year, if the homeless child or youth becomes permanently housed during a school year; or

(b) Enroll the homeless child or youth in any public school that nonhomeless students who live in the attendance area in which the homeless child or youth is actually living are eligible to attend, and provide the homeless child's or youth's academic records to the school in which the homeless child or youth is enrolling.

(2) In determining the best interest of the homeless child or youth under subsection (1) of this section, the school district shall:

(a) Presume that keeping the homeless child or youth in the school of origin is in the homeless child's or youth's best interest, except when doing so is contrary to the request of the homeless child's or youth's parent or guardian, or, in the case of an unaccompanied youth, the youth;

(b) Consider student-centered factors related to the homeless child's or youth's best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the homeless child's or youth's parent or guardian or, in the case of an unaccompanied youth, the youth;

(c) If, after conducting the best interest determination based on consideration of the presumption in (a) of this subsection (2) and the student-centered factors in (b) of this subsection (2), the school district determines that it is not in the homeless child's or youth's best interest to attend the school of origin or the school requested by the parent or guardian, or, in the case of an unaccompanied youth, the youth, provide the homeless child's or youth's parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including information regarding the right to appeal under subsection (5) of this section; and

(d) In the case of an unaccompanied youth, ensure that the school district liaison designated under RCW 28A.707.020(1)(j)(ii) assists in placement or enrollment decisions under this subsection, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subsection (5) of this section.

(3)(a) The school selected in accordance with subsection (2) of this section shall immediately enroll the homeless child or youth, even if the homeless child or youth:

(i) Is unable to produce records normally required under RCW 28A.225.330 for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation; or

(ii) Has missed application or enrollment deadlines during any period of homelessness.

(b) The enrolling school shall immediately contact the school last attended by the homeless child or youth to obtain relevant academic and other records.

(c) If the homeless child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately refer the parent or guardian of the homeless child or youth, or, in the case of an unaccompanied youth, the youth, to the school district liaison designated under RCW 28A.707.020(1)(j)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records, in accordance with subsection (4) of this section.

(4) Any record ordinarily kept by the school, including immunization or other required health records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth must be maintained so that the records involved are available, in a timely fashion, when a homeless child or youth enters a new school or school district.

(5) If a dispute arises over eligibility, or school selection or enrollment in a school:

(a) The homeless child or youth must be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals;

(b) The parent or guardian of the homeless child or youth or, in the case of an unaccompanied youth, the youth must be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the school district, or the office of the superintendent of public instruction, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions;

(c) The parent, guardian, or unaccompanied youth must be referred to the school district liaison designated under RCW 28A.707.020(1)(j)(ii), who shall carry out the dispute resolution process as described in RCW 28A.707.020(1)(c) as expeditiously as possible after receiving notice of the dispute; and

(d) In the case of an unaccompanied youth, the school district liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment pending resolution of such dispute.

(6) The choice regarding placement must be made regardless of whether the homeless child or youth lives with the homeless parents or has been temporarily placed elsewhere.

(7) Information about a homeless child's or youth's living situation must be treated as a student education record, and may not be deemed to be directory information, under 20 U.S.C. Sec. 1232g.

(8) Nothing in this section prohibits a school district from requiring a parent or guardian of a homeless child or youth to submit contact information.

Conflict with federal requirements—2026 c 201: See note following RCW 28A.707.005.