FILE: JBCBB-P
Cf: JBCBB
HOMELESS STUDENTS ENROLLMENT DISPUTE RESOLUTION PROCESS
The No Child Left Behind, Title X, Part C, McKinney-Vento Homeless Assistance Act acknowledges that disputes may arise between the school district and homeless students/ parents/guardians when the student is denied enrollment in school or is placed in a school other than the one requested by students/parents/guardians. The purpose of the McKinney-Vento Homeless Assistance Act is to ensure that homeless students enroll in school immediately and continue their education with as little disruption as possible. The Sabine Parish School District dispute resolution process follows the guidelines set forth in the McKinney-Vento Homeless Assistance Act and in accordance with The Louisiana Handbook for School Administrators, Bulletin 741, Section 341. This bulletin contains detailed procedures established for resolving complaints filed against the Department of Education or a local education agency pursuant to provisions of the Elementary and Secondary Education Act of 1965.
The following process will be used in a case where a dispute occurs regarding the education of a homeless child or youth.
DISPUTE RESOLUTION PROCESS
If a dispute arises over school selection or enrollment, the child/youth must be immediately enrolled in the school in which he/she is seeking enrollment, pending the resolution of the dispute (five (5) days). The dispute process may be initiated by the parent/guardian, unaccompanied youth, principal or other school officials.
The parent/guardian or unaccompanied youth must be referred to the Homeless Liaison, provided a written explanation of the school’s decision to deny enrollment or school selection and the rights of Homeless parents/guardians/unaccompanied youth, including the right to appeal any school district decision.
When the parent/guardian/unaccompanied youth is referred to the Homeless Liaison, the liaison will carry out the dispute resolution process within a reasonable amount of time.
After reviewing pertinent information related to the dispute, the Homeless Liaison shall provide the parent with a decision in writing within five (5) days of the receipt of the written complaint.
If the written resolution is not acceptable to the parent/guardian/unaccompanied youth, the Homeless Liaison will forward the dispute to the State Homeless Coordinator.
Ref: 20 USC 6301 et seq. (Elementary and Secondary Education Act of 1965)
42 USC 11431 et. seq. (Stewart B. McKinney Homeless Assistance Act)
La. Rev. Stat. Ann. §§17:81, 17:151.3, 17:221, 17:221.2, 17:222, 17:235.1, 17:238, 17:416
Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education
Plyler v. Doe, 457 US 202 (1982)
Board minutes, 3-2-09
Sabine Parish School Board