Dispute Resolution PlusDispute Resolution Plusfor McKinney-Vento State for McKinney-Vento State CoordinatorsCoordinators

Patricia Ann Popp, Ph.D.

NCHE State Coordinator WebinarSeptember 24, 2012

Goals for this afternoon:Goals for this afternoon:Context Proactive remindersDispute resolution

◦Review basics◦Tips and resources◦Best/promising practices

Context: Why Now?Context: Why Now?

Poll: How many state level disputes have you experienced?

None1-5 5-10More than 10

An ounce of prevention….An ounce of prevention….Liaison trainingLEA MV monitoring (include DR

review)Tracking technical assistance and

complaintsInforming advocacy groupsUsing feasibility worksheets

An ounce of prevention An ounce of prevention (cont”d)(cont”d)Clear expectationsTrauma-informed practiceWithholding judgmentUsing an intake form while

exploring caseState advisory board with

providers and liaisons (parents, if possible)

Review DR – focus group with liaisons

Legislative MandateLegislative Mandate‘‘(E) ENROLLMENT DISPUTES.—If a dispute arises over school selection or enrollment in a school—‘‘(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute;

‘‘(ii) the parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or youth to appeal the decision;

‘‘(iii) the child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of the dispute; and

‘‘(iv) in the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute.

Paragraph (g)(1)(C)Paragraph (g)(1)(C)‘‘(g) STATE PLAN.—‘‘(1) IN GENERAL.—Each State shall submit to the Secretary a plan to provide for the education of homeless children and youths within the State. Such plan shall include the following:‘‘(A) A description of how such children and youths are (or will be) given the opportunity to meet the same challenging State academic achievement standards all students are expected to meet.‘‘(B) A description of the procedures the State educational agency will use to identify such children and youths in the State and to assess their special needs.‘‘(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths.

US Department of Education US Department of Education 2004 Non-Regulatory Guidance 2004 Non-Regulatory Guidance – G-5 & G-9– G-5 & G-9

Written notice – school decision, reason, right to appeal

If disputed:◦ Immediately enroll in school of choice◦ Refer to liaison to carry out DRP

G-5 - Inter-district enrollment disputes should be resolved at the SEA level

G-9 - SEA process to appeal LEA DRP decisions

Critical Components of a Critical Components of a Dispute Resolution ProcessDispute Resolution Process

Local procedure implemented by the liaison

Written notificationImmediate enrollment in school of

preference during dispute resolution

Informal and accessiblePer guidance, must have an SEA

level of appeal

Written NoticeWritten NoticeContact information for liaison and SCSimple, detachable form to complete

and submit to initiate dispute (school should give parent a copy)

Step-by-step description of appeal process

Notice of right to immediately enrollNotice of right to appeal to stateTimelines for LEA and SEA level

appeals

Disputable Issues:Disputable Issues:

EligibilitySchool selectionParticipationTransportation

TransportationTransportationContractMode of transportation offered

ParticipationParticipationRegular classesFree school mealsOther special programs for which

student is eligible (e.g., special ed, gifted ed)

Field tripsAfter school activities (???)

School SelectionSchool SelectionSOO (possibly 2)Local schoolOther school children in the

residency area can attend

EligibilityEligibilityChallenge: protect students and

schoolsTrain liaisons to explain definition

and determination to parent/student◦Checklist◦Sample eligibility letter or written

notice?

Recommendation: “Gray” case – use written notice and DR

Figure 1.

A Differentiated Process to Address Conflicts

TYPES OF CONFLICTSTYPES OF CONFLICTS

McKinney-Vento McKinney-Vento DisagreementsDisagreements(Disputable)(Disputable)Remaining in school of origin

Immediate enrollment in school of residency

Homeless status when student was appropriately identified as homeless previously (e.g., doubled-up in same location for two years)

Homeless status questioned due to additional information

MV compliance – not MV compliance – not disputedispute

School failed to inform of MV educational rights

Student is not provided free mealsSystemic non-compliance by an

LEA which requires state intervention (failure to identify homelessness; lack of outreach and coordination within schools and community)

See Appendix C

Not MV Compliance:Not MV Compliance:Services are Services are allowable/beneficial allowable/beneficial Preschool student could benefit

from school of origin transportationAdditional activities could enhance

homeless identification (e.g., using a residency questionnaire)

Summer school could improve student’s academic performance but is not required to pass a course

Not MVNot MVStudent wishes to enroll in a

school that is not an option for students in the residency area and is not a school of origin

Parent disagrees with the services being offered in an IEP

Student never lost housing

LET’S PRACTICELET’S PRACTICE

Scenario # 1Scenario # 1You receive a call from a liaison.

Mother is residing in a motel. She has moved from another distant state where she sold her home. She is in the motel while deciding where to buy her home. She wants to enroll her children in a school of her choice. It is not the local school for the motel. Mom claims she can enroll her children there under McKinney-Vento.

Scenario # 2Scenario # 2Family, identified as homeless

and doubled up last year, is still residing with same family as a new school year begins. School tells family that the children must enroll in the local school this year.

Scenario # 3Scenario # 3

14 year old from another country is sent to live with her 18 year old sister. The liaison has explored the reason for the move and is told that the schools are better here and the family wants the child to have an education. Despite questions, the family does not identify loss of housing or economic hardship as a reason for the move. After the school denied enrollment, the sister is claiming homelessness.

Scenario # 4Scenario # 4If time, request scenario from

participants??

Documentation to Documentation to maintainmaintainClear, concise description of the

issueTimeline of contacts (school, SEA,

parent/youth)Emails between school and parentLog of phone contacts and

meetingsBest interest determinationEligibility information

Best/Promising PracticesBest/Promising PracticesHave liaisons notify SC when

issuing written noticeCreate an Advisory Board or MV

Dispute PanelDesignate administrative law

judges, ombudsperson, or other decision-makers who are independent but receive comprehensive training

Difficulties are meant to rouse, not discourage.

The human spirit is to grow strong

by conflict.

William Ellery Channing