McKinney-Vento Homeless Education Program McKinney-Vento 101 July/August 2012.
McKinney-Vento Dispute Resolution in Your State
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Transcript of McKinney-Vento Dispute Resolution in Your State
McKinney-Vento Dispute Resolution in
Your State
Slide 2
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…