D. Informal resolution.
(1) Nothing herein shall preclude the
availability of an informal resolution between the complainant and the agency
or consortium of agencies, nor shall this rule preclude or abrogate the
availability of any administrative hearing opportunities as provided for by
federal statute or regulation.
(2)
In the case of a complaint filed pursuant to the McKinney-Vento Education for
Homeless Children and Youth Act, each district shall have a written policy for
concerned parties to resolve disputes, and every effort should be made to
resolve the dispute at the district level. The district level procedure must
adhere to the following parameters:
(a) The
dispute resolution process shall be as informal and accessible as possible and
the process should be able to be initiated directly at the school of choice as
well as at the district level or with the LEA homeless liaison. Every LEA is
required to have a homeless liaison.
(b) When a dispute arises over school
selection or enrollment, pending resolution of the dispute, the homeless child
or youth must be immediately enrolled in the school in which the child or youth
is seeking enrollment, and provided all services to which student is
entitled.
(c) The district must
create and provide a simply stated notice of rights and provide that notice of
rights to the student, parent or guardian, in a language the student, parent or
guardian can understand. The notice of rights shall contain:
(i) contact information for the LEA homeless
liaison and the state coordinator, with a brief description of their
roles;
(ii) a step by step
description of how to make use of the dispute resolution process;
(iii) notice of the right to immediately
enroll in the school of choice pending resolution of the dispute and notice
that immediate enrollment includes full participation in all school
activities;
(iv) notice of the
right to obtain the assistance of advocates or attorneys;
(v) notice of the right to appeal to the
department if the district-level resolution is not satisfactory;
(vi) the timelines for resolving district and
department-level appeals;
(vii)
notice of the right to provide written or oral documentation to support their
position; and
(viii) a simple form
that parents, guardians or the student can complete and return to the school to
initiate the process.
(d) The school with the dispute must provide
notice of the dispute to the LEA's homeless liaison using the department's
dispute resolution process form which requires the following information:
(i) school name, address, phone and fax
number;
(ii) student's name,
identification number, grade, and address;
(iii) parent, guardian or complaining party's
name, relationship to student, address, and phone number;
(iv) whether student lives in a
shelter;
(v) name of school child
or youth chooses to be enrolled in pending resolution of dispute;
(vi) whether school enrolled in is school of
origin;
(vii) reason for
complaint;
(viii) signature of
parent guardian or complaining party; and
(ix) the principal's actions on the
complaint.
(e) The
district will have 10 calendar days to review its initial determination and
make a final decision as to the position taken.
(f) The district's final decision must be in
writing and must state all factual information upon which it is based and the
legal basis in support thereof. If the final decision of the district is
adverse to the parent, guardian or student, the decision, along with the
department's dispute resolution process form, must be forwarded by the LEA
homeless liaison to the department's homeless liaison within 5 calendar days of
issuing its final decision.