McKinney-Vento Dispute Resolution in Your State Diana Bowman, Director, NCHE Beth Garriss Hardy, Consultant Patricia Popp, VA State Coordinator

Slide 2 W ELCOME !  A collaborative conversation with other State Coordinators about Dispute Resolution

Slide 3 T ODAY ’ S G OALS  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?

Slide 4 P URPOSE  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

Slide 5 T HE M C K INNEY -V ENTO A CT  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

Slide 6  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 M C K INNEY -V ENTO K EY R OLES

Slide 7  Eligibility  Means of gathering information  Best Interest  School of origin vs. local school  Transportation  Full Participation  Sports, academic support M C K INNEY -V ENTO C OMMON D ISPUTE T HEMES

Slide 8 M C K INNEY -V ENTO D ISPUTE P ROCEDURES 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)]

Slide 9  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)] M C K INNEY -V ENTO D ISPUTE P ROCEDURES

Slide 10 US D EPARTMENT OF E DUCATION 2004 N ON - R EGULATORY G UIDANCE – G-5 Inter-district enrollment disputes should be resolved at the SEA level US D EPARTME NT OF E DUCATIO N 2004 N ON - R EGULATO RY G UIDANCE – G-5

Slide 11 US D EPARTMENT OF E DUCATION 2004 N ON - R EGULATORY G UIDANCE – 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

Slide 12 US D EPARTMENT OF E DUCATION 2004 N ON - R EGULATORY G UIDANCE – 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

Slide 13 T IME FOR S OME C ONVERSATION !  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

Slide 14 C ONTENT  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

Slide 15 P ROCESS  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?

Slide 16 I MPLEMENTATION  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?

Slide 17 S UMMING U P  Recommendations for our next steps…