McKinney-Vento Dispute Resolution in Your State

McKinney-Vento Dispute Resolution in

Your State

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WELCOME!

A collaborative conversation with other State Coordinators about Dispute Resolution

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TODAY’S GOALS

Review mandate – what has legal teeth and what does not

Discuss critical components of an effective dispute resolution process

Share successes and challenges

What works well?

Where are the challenges?

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PURPOSE

Preliminary conversation

Gather information to plan for in-depth session at State Coordinators Meeting in February

Begin planning for new section for Dispute Resolution for State Coordinators Handbook

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THE MCKINNEY-VENTO THE MCKINNEY-VENTO ACTACT

Title X, Part C of the Elementary and Secondary Education Act (ESEA)

Key themes Identification of eligible students

School stability

Immediate enrollment and participation

Support for school access and success

M-V

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State Coordinator of Homeless Education Develop dispute procedures Remove barriers to enrollment and

retention, including revising state policies Ensure statewide compliance

Local Homeless Education Liaison Identify eligible students Ensure enrollment and participation Ensure disputes are resolved in accordance

with the law, including informing parents/youth of dispute procedures

MCKINNEY-VENTOMCKINNEY-VENTOKEY ROLESKEY ROLES

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Eligibility Means of gathering information

Best Interest School of origin vs. local school

Transportation Full Participation

Sports, academic support

MCKINNEY-VENTOMCKINNEY-VENTOCOMMON DISPUTE COMMON DISPUTE

THEMESTHEMES

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MCKINNEY-VENTOMCKINNEY-VENTODISPUTE PROCEDURESDISPUTE PROCEDURES

State Plan must include: description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths. [Sec. 722(g)(1)(C)]

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Student must be immediately enrolled in school where enrollment sought and provided all services.

Written notice to parent/youth Explanation of school’s position Explanation of right to dispute and

how to initiate a dispute Parent/youth referred to liaison who

shall carry out the dispute process expeditiously. [Sec. 722(g)(2)(E)]

MCKINNEY-VENTOMCKINNEY-VENTODISPUTE PROCEDURESDISPUTE PROCEDURES

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US DEPARTMENT OF EDUCATION 2004 NON-

REGULATORY GUIDANCE – G-5

Inter-district enrollment disputes should be resolved at the SEA level

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US DEPARTMENT OF EDUCATION 2004 NON-

REGULATORY GUIDANCE – G-5

The LEA must refer the unaccompanied youth, parent, or guardian to the LEA liaison, who must expeditiously carry out the dispute resolution process

When disputes arise, it is critical that the students not be kept out of school

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US DEPARTMENT OF EDUCATION 2004 NON-

REGULATORY GUIDANCE – G-5

LEAs need an established process for resolving school placement disputes

LEA homeless liaisons help ensure that disputes are resolved objectively and expeditiously

Written notice protects both students and schools by outlining the specific reasons for the school’s decision; facilitates dispute resolution by providing decision makers with documents to guide their determinations

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TIME FOR SOME CONVERSATION!

In small groups, respond to the questions on your handout:

Content

Process

Implementation

Be sure to have a recorder and reporter

Be ready to share ideas for your designated issue

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CONTENT

What kinds of issues can be appealed under your DRP?

What issues have been appealed?

Are there MV issues that should/should not be open to the DRP? Why or why not?

E.g., inter-district disagreements

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PROCESS

Describe your state’s approach to LEA level disputes.

Describe your state’s DRP.

If you have resolved disputes

What worked well with your process?

What “holes” did you find?

What recommendations do you have to improve the process?

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IMPLEMENTATION

Who was involved in developing your state’s DRP?

Where does the DRP “live?”

State code, policy, procedure, other?

If you had to revise your DRP, who should be at the table?

How do you ensure compliance with the DRP?

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SUMMING UP

Recommendations for our next steps…