Michigan Dispute Resolution Procedure for McKinney-Vento Homeless Education Programs REVISED AUGUST 2013

Transcription

1 Office f Field Services, Special Ppulatins Unit McKinney-Vent Prgram fr the Educatin f Hmeless Children and Yuth Michigan Dispute Reslutin Prcedure fr McKinney-Vent Hmeless Educatin Prgrams REVISED AUGUST 2013 The McKinney-Vent (M-V) Hmeless Assistance Act acknwledges that disputes may arise between the schl district and hmeless students and their parents/guardians regarding the educatin f hmeless children and yuth. Guidance fr schl selectin and ther decisins are prvided in the M-V law. The law includes dispute reslutin amng the required duties f the LEA Liaisn. [McKinney-Vent Hmeless Assistance Act, Sectin 722(g)(3)(E)] The fllwing prcedures are specified in the Act: Enrllment: Immediately enrll the hmeless student in the schl preferred by the parents until the dispute is settled. Prvide the parent, guardian, r unaccmpanied yuth with a cpy f the educatinal rights f hmeless students (in a frmat and language understd by the parent, guardian, r yuth). Written explanatin: Prvide a written explanatin f the educatin agency decisin t the parent/guardian r unaccmpanied yuth. Liaisn: The designated LEA liaisn is assigned t carry ut the dispute reslutin in an expeditius manner. District: It is the respnsibility f the schl district t infrm the parents/guardians f hmeless students f the Dispute Reslutin Prcedures. The Michigan Department f Educatin (MDE) Hmeless Educatin Prgram has adpted the fllwing dispute reslutin prcess. Lcal Educatin Agencies (LEAs) may adpt this prcedure r develp their wn, as lng as the lcal prcedure is first apprved by the MDE Hmeless Educatin Prgram in the Office f Field Services. 1

2 Michigan Dispute Reslutin Prcedure fr McKinney-Vent Hmeless Educatin Prgrams REVISED AUGUST 2013 In a case where a dispute ccurs regarding the educatin f a hmeless child r yuth, the fllwing prcess must be fllwed: LOCAL/REGIONAL LEVEL Every effrt must be made t reslve the dispute at the lcal level befre it is brught t the MDE. If the LEA des nt have an apprved dispute reslutin prcedure in place, the Liaisn must fllw the MDE Dispute Reslutin Prcedure. Step 1: District McKinney-Vent Liaisn If a questin cncerning the educatin f the hmeless child arises, the first persn cntacted in the schl district must be the M-V hmeless liaisn. The Cmplainant may make cntact in persn r by phne, , r in writing with the District M-V Liaisn. Each schl district is required t have a designated hmeless liaisn, and staff in every schl and district central ffice must be able t quickly identify and refer t their district s M-V hmeless liaisn. The LEA M-V Hmeless Liaisn MUST: Discuss the cmplaint with the Cmplainant and prvide the Cmplainant with a cpy f the district/state plan r plicy fr the educatin f hmeless children and yuth. Make a determinatin as t whether the requested services fr the hmeless student are cnsistent with lcal schl bard (r MDE) plicy. Advise (and may assist) the Cmplainant t present their cncern in writing t the District M-V Hmeless Liaisn within tw (2) schl days f this discussin. Prvide a written prpsal f reslutin f the cmplaint r a plan f actin t the Cmplainant within five (5) schl days f the date f receipt f the written cmplaint. THE STUDENT(S) MUST BE ENROLLED AND SERVED IMMEDIATELY, AND REMAIN ENROLLED AT THE REQUESTED SCHOOL(S) WHILE THE DISPUTE IS BEING RESOLVED. Step 2: McKinney-Vent (MV) Hmeless Educatin Grant Crdinatr If the Cmplainant wishes t appeal the determinatin f the District Liaisn, the Cmplainant must ntify the Liaisn in persn r by phne, , r in writing within tw (2) schl days f the receipt f the Liaisn s determinatin. The District Liaisn will immediately share the written dispute dcuments with the MV Grant Crdinatr f the district s cnsrtium. 2

3 The MV Grant Crdinatr will review the dispute dcuments and make a written recmmendatin t the District Liaisn regarding the reslutin f the cmpliant, in the best interests f the student s educatin. STATE LEVEL If the cmplaint is nt reslved in a satisfactry manner at the lcal/reginal level, the appeal will be directed t Michigan Department f Educatin (MDE) by either the District M-V Liaisn, the MV Grant Crdinatr r the Cmplainant. Appeals made under this prcess must be made in writing and signed by the Cmplainant. Either the Liaisn r Grant Crdinatr may assist the Cmplainant in preparing the written dcuments. The fllwing steps are t be taken. Step 3: Reginal McKinney-Vent Staff The District Liaisn, Grant Crdinatr r Cmplainant must submit a letter/message summarizing all crrespndence regarding the dispute (electrnic cmmunicatin preferred), attach cpies f all prir crrespndence and relevant dcumentatin, and send electrnically t kies-lwep@michigan.gv, r send in hard cpy t State Crdinatr fr Hmeless Educatin, Michigan Department f Educatin, Office f Field Services, Special Ppulatins Unit, P.O. Bx 30008, Lansing, MI Include in the message/summary t the State Crdinatr: A descriptin f the situatin that prmpted the cmplaint. The name(s), age(s) and grades f the child r children invlved. The name(s) f the invlved schl district persnnel and the schl district(s) invlved. A timeline and descriptin f the attempts that were made t slve the issue at the lcal level, including cpies f any dcumentatin t date. The State Hmeless Educatin Crdinatr will gather any additinal infrmatin needed frm statements f the parties invlved withut reviewing this - and will frward the infrmatin within five (5) schl days f receipt f dcumentatin frm all parties t three reginal MV staff: Tw (2) MV Grant Crdinatrs (nt invlved in the current case) One (1) MDE MV Mnitr (nt invlved in the current case) These reginal staff will review all dcumentatin in the case and use the MDE Dispute Review Frm t submit a summary, cncerns and recmmendatins t the State Crdinatr within five (5) schl days. 3

4 Step 4: State Crdinatr When the reviews f the reginal staff are received by the MDE, the materials will be reviewed by the State Crdinatr. Within tw (2) schl days after receiving the reginal reviews, the State Crdinatr will render a decisin and ntify the all interested parties in writing. The State Crdinatr will retain cpies f all relevant infrmatin and crrespndence fr each dispute brught t the state level. Step 5: Special Ppulatins Manager If the cmplaint is nt reslved in a satisfactry manner at the level f the State Crdinatr, the final appeal will be directed t the OFS Special Ppulatins Manager by either the District M-V Liaisn, the MV Grant Crdinatr r the Cmplainant. Appeals made under this prcess must be made in writing and signed by the Cmplainant. Either the Liaisn r Grant Crdinatr may assist the Cmplainant in preparing the written dcuments. The fllwing steps are t be taken. Within five (5) schl days after receiving the reginal reviews, the Special Ppulatins Manager (Office f Field Services) will render a final decisin and ntify the all interested parties in writing. The final decisin in such disputes rests with the MDE Office f Field Services. There are n federal level appeals fr McKinney-Vent disputes thrugh the US Department f Educatin. PLEASE NOTE: While the dispute is being reslved, the child r children in questin MUST BE ENROLLED, attending and participating in schl. If the dispute is cncerning the schl f best interest, the student(s) must be enrlled in the schl preferred by the parent/guardian r unaccmpanied yuth. All public schl districts MUST have a current MV Dispute Reslutin Prcedure n file with the MDE Hmeless Educatin Prgram. ATTACHMENTS: Written Ntificatin f MV Enrllment Decisin BY SCHOOL LEA Dispute Reslutin Appeal SAMPLE 1 LEA Dispute Reslutin Appeal SAMPLE 2 MDE DISPUTE REVIEW FORM, Aug2013 4

5 Office f Field Services, Special Ppulatins Unit Hmeless Educatin Office Written Ntificatin f McKinney-Vent Determinatin T be cmpleted by the McKinney-Vent f a receiving schl when a request fr a student experiencing hmelessness is declined by a public schl district. Date f Ntificatin f Determinatin: Persn cmpleting frm: Title f persn cmpleting frm: Name f District: In cmpliance with sectin 722(g)(3)(E) f the McKinney-Vent Hmeless Assistance Act, the fllwing written ntificatin is prvided t: Name f Parent(s)/Guardian(s): Name f Student(s): Check here if student is an unaccmpanied yuth. After reviewing yur request t enrll/serve the student(s) listed abve, the request is declined. This determinatin was based upn the fllwing (attach additinal pages if necessary): Yu have the right t appeal this decisin by cmpleting the secnd page f this ntice r by cntacting the schl district s McKinney-Vent Liaisn (in persn, by r U.S. mail). Name f District McKinney-Vent Liaisn: Phne: In additin: The student listed abve has the right t enrll immediately in the requested schl pending the reslutin f the dispute. Yu may prvide written r verbal cmmunicatin(s) t supprt yur psitin regarding the student s enrllment/service in the requested schl. Yu may use the attached frm fr this ntificatin. If further help is needed r desired yu may cntact the State Crdinatr fr Hmeless Educatin at: Michigan Department f Educatin, Office f Field Services, Special Ppulatins Unit 608 W. Allegan St., P.O. Bx 30008, Lansing, MI r kies-lwep@michigan.gv A cpy f ur state s dispute reslutin prcedure fr students experiencing hmelessness is attached. Yu may cntact the Natinal Law Center n Hmelessness and Pverty fr additinal infrmatin n the McKinney-Vent Hmeless Assistance Act ( Yu may als seek the assistance f advcates r an attrney.

6 Office f Field Services, Special Ppulatins Unit Hmeless Educatin Prgram Written Ntificatin f McKinney-Vent Appeal Request T be cmpleted by the parent, guardian, caretaker, r unaccmpanied yuth when a dispute arises, related t a student experiencing hmeless. Liaisns may assist with cmpletin. This infrmatin may be shared verbally with the lcal liaisn as an alternative t cmpleting this frm. Date f Appeal: Student(s): Date f Decisin Being Appealed: Grades: Persn cmpleting appeal frm: Relatinship t student(s), r self if unaccmpanied yuth: I may be cntacted at (phne r ): I wish t appeal the enrllment decisin made by: Name f Schl and District: I have been prvided with (please check all that apply): A written explanatin f the schl s/district s decisin The cntact infrmatin f the district s lcal hmeless educatin liaisn A cpy f the District r State s dispute reslutin prcess fr students experiencing hmelessness Optinal: Yu may include a written explanatin in the space belw t supprt yur appeal. (initial) The schl prvided me with a cpy f this frm upn submissin. SUBMIT THIS FORM TO:

7 Office f Field Services, Special Ppulatins Unit McKinney-Vent Prgram fr the Educatin f Hmeless Children and Yuth LEA Enrllment Dispute Filed by Parent/Guardian Date Parent/Guardian Current Address Other: Phne Number(s) & Best Time t Reach Please cmplete the fllwing fr each schl-aged child yu are filling a dispute fr: Child's Name Grade Birth Date and Gender Child s Schl f Origin (Include City) Schl Yu Want Child t Attend (Include City) Clearly explain yur dispute: Return cmpleted dispute t:

8 Office f Field Services, Special Ppulatins Unit McKinney-Vent Prgram fr the Educatin f Hmeless Children and Yuth McKinney-Vent Hmeless Educatin Prgrams Dispute Reslutin The prcess and frms fr reviewing disputes in McKinney-Vent Prgrams are detailed in a separate dcument issued t the field in August This frm presents the final State-level reslutin by MDE in the case f. Summary f Issues Pints f Cncern Recmmendatins Case: Date: