McKinney-Vento

 
Dispute Resolution Process:

When a dispute arises over eligibility, school selection, or enrollment in a school, the law requires the following minimum procedures:

1. The child or youth “shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals” [42 U.S.C. § 11432(g)(3)(E)(i)]. In the case of an unaccompanied youth, the local liaison also must ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment pending the resolution of the dispute [42 U.S.C. § 11432(g)(3)(E)(iv)]. While disputes are pending, students have the right to participate fully in school and receive all services that they would normally receive, as the definition of enrollment includes “attending classes and participating fully in school activities” [42 U.S.C. § 11434a(1)].

2. The parent, guardian, or unaccompanied youth must be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the LEA, or the SEA involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions [42 U.S.C. § 11432(g)(3)(E)(ii)]. The LEA must provide a written explanation of the reasons for its determination, in a manner and form understandable to the parent, guardian, or unaccompanied youth, including information regarding the right to appeal [42 U.S.C. § 11432(g)(3)(B)(iii)]. In the case of an unaccompanied homeless youth, the notice explaining the decision and the right to appeal are provided directly to the youth [42 U.S.C. § 11432(g)(3)(B)(iv)].

3. The parent, guardian, or unaccompanied youth must be referred to the local liaison, who will carry out the dispute resolution process as expeditiously as possible [42 U.S.C. § 11432(g)(3)(E)(iii)]. The local liaison must be familiar with the state’s McKinney-Vento dispute resolution policy, and follow all procedures outlined therein.