Current through Register Vol. 48, No. 3, March 22, 2024
The federal Stewart B. McKinney Homeless Assistance Act
requires that each state implement a state-level process to review
district-level decisions regarding the enrollment of a homeless child or an
unaccompanied youth. An unaccompanied youth or the parent or guardian of a
homeless child may request that the state conduct a review of a school
district's final decision regarding an enrollment issue. The contact person at
the State Department of Education is the coordinator for the Office of
Coordinator for Education of Homeless Children and Youth.
Under no circumstances must resolution of a dispute delay the
school enrollment of an unaccompanied youth or a homeless child. That is,
during the pendency of any administrative or judicial proceeding regarding a
dispute over the enrollment of an unaccompanied youth or homeless child, the
student must continuously be enrolled in school, be provided all relevant
services, and be allowed to participate fully in all school activities (as
consistent with the Stewart B. McKinney Homeless Assistance Act, as
amended).
I. Responsibilities of the
School District
A. When it is determined that
a dispute cannot be settled at the district level, the school district must
carry out the following responsibilities in a timely manner:
1. inform the unaccompanied youth or the
parent or guardian of the homeless child concerning his or her right to request
that the State Department of Education review the decision of the school
district,
2. inform the
unaccompanied youth or the parent or guardian of the homeless child that this
request must be made either on the district-supplied request-for-review form or
by a telephone interview with the coordinator in the State Department of
Education's Office of Coordinator for Education of Homeless Children and
Youth,
3. give the unaccompanied
youth or the parent or guardian of the homeless child a copy of the State
Department of Education's request-for-review form and the contact information
for the Office of Coordinator for Education of Homeless Children and Youth,
and
4. inform the unaccompanied
youth or the parent or guardian of the homeless child that he or she may seek
the assistance of advocates or attorneys for the review.
B. Once the Office of Coordinator for
Education of Homeless Children and Youth has received either the completed
request-for-review form or has conducted a full telephone interview with the
youth or the parent or guardian, the coordinator will send a copy of the
completed form and any other relevant material to the school district.
The school district must send a written response to the state
and to the person filing the state review request within five business days
from the date it receives the request-for-review form.
II. Responsibilities of the Youth
or the Parent or Guardian
A. The unaccompanied
youth or the parent or guardian of the homeless child must complete and return
the request-for-review form to the address designated on the form or must
telephone the coordinator in the Office of Coordinator for Education of
Homeless Children and Youth and make an oral report on the circumstances
surrounding the request for review.
B. The youth or the parent or guardian either
may attach to the form any additional information he or she thinks is relevant
or may telephone the coordinator and provide the information orally.
III. Responsibilities of the
Coordinator
A. The coordinator for the
education of homeless children and youths will conduct all state reviews
requested by unaccompanied youths or the parents or guardians of homeless
children.
B. The coordinator will
review all written documents submitted concerning the particular dispute. The
coordinator may request additional information from the parties in making his
or her determination.
C. The
coordinator will make a final decision within ten business days of receiving
the written response from the school district. The decision of the coordinator
is binding and will be effective immediately.
Statutory Authority: 20 U.S.C. Section 7844 (Supp.
2003)
