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McKinney-Vento Dispute Resolution in Your State

McKinney-Vento Dispute Resolution in Your State. Diana Bowman, Director, NCHE dbowman@serve.org Beth Garriss Hardy, Consultant bgh@garrisshardy.com Patricia Popp, VA State Coordinator pxpopp@wm.edu. Welcome!.

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McKinney-Vento Dispute Resolution in Your State

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  1. McKinney-Vento Dispute Resolution in Your State Diana Bowman, Director, NCHE dbowman@serve.org Beth Garriss Hardy, Consultant bgh@garrisshardy.com Patricia Popp, VA State Coordinator pxpopp@wm.edu

  2. Welcome! • A collaborative conversation with other State Coordinators about Dispute Resolution

  3. 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?

  4. 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

  5. M-V The McKinney-Vento Act • 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

  6. McKinney-VentoKey Roles • 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

  7. McKinney-VentoCommon Dispute Themes • Eligibility • Means of gathering information • Best Interest • School of origin vs. local school • Transportation • Full Participation • Sports, academic support

  8. McKinney-VentoDispute 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)]

  9. McKinney-VentoDispute Procedures • 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)]

  10. US Department of Education 2004 Non-Regulatory Guidance – G-5 US Department of Education 2004 Non-Regulatory Guidance – G-5 Inter-district enrollment disputes should be resolved at the SEA level

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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?

  16. 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?

  17. Summing Up • Recommendations for our next steps…

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