Dispute Resolution Plus for McKinney-Vento State Coordinators

1. Dispute Resolution Plusfor McKinney-Vento State Coordinators Patricia Ann Popp, Ph.D. NCHE State Coordinator Webinar September 24, 2012

2. Goals for this afternoon: • Context • Proactive reminders • Dispute resolution • Review basics • Tips and resources • Best/promising practices

3. Context: Why Now? • Poll: How many state level disputes have you experienced? • None • 1-5 • 5-10 • More than 10

4. An ounce of prevention…. • Liaison training • LEA MV monitoring (include DR review) • Tracking technical assistance and complaints • Informing advocacy groups • Using feasibility worksheets

5. An ounce of prevention (cont”d) • Clear expectations • Trauma-informed practice • Withholding judgment • Using an intake form while exploring case • State advisory board with providers and liaisons (parents, if possible) • Review DR – focus group with liaisons

6. Legislative 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.

7. 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 placementof homelesschildren and youths.

8. US Department of Education 2004 Non-Regulatory Guidance – 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

9. Critical Components of a Dispute Resolution Process • Local procedure implemented by the liaison • Written notification • Immediate enrollment in school of preference during dispute resolution • Informal and accessible • Per guidance, must have an SEA level of appeal

10. Written Notice • Contact information for liaison and SC • Simple, 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 enroll • Notice of right to appeal to state • Timelines for LEA and SEA level appeals

11. Disputable Issues: • Eligibility • School selection • Participation • Transportation

12. Transportation • Contract • Mode of transportation offered

13. Participation • Regular classes • Free school meals • Other special programs for which student is eligible (e.g., special ed, gifted ed) • Field trips • After school activities (???)

14. School Selection • SOO (possibly 2) • Local school • Other school children in the residency area can attend

15. Eligibility • Challenge: protect students and schools • Train liaisons to explain definition and determination to parent/student • Checklist • Sample eligibility letter or written notice? • Recommendation: “Gray” case – use written notice and DR

16. Figure 1. A Differentiated Process to Address Conflicts

17. Types of conflicts

18. McKinney-Vento Disagreements(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

19. MV compliance – not dispute • School failed to inform of MV educational rights • Student is not provided free meals • Systemic 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

20. Not MV Compliance:Services are allowable/beneficial • Preschool student could benefit from school of origin transportation • Additional 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

21. Not MV • Student 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

22. Let’s practice

23. Scenario # 1 • You 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.

24. Scenario # 2 • Family, 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.

25. Scenario # 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.

26. Scenario # 4 • If time, request scenario from participants??

27. Documentation to maintain • Clear, concise description of the issue • Timeline of contacts (school, SEA, parent/youth) • Emails between school and parent • Log of phone contacts and meetings • Best interest determination • Eligibility information

28. Best/Promising Practices • Have liaisons notify SC when issuing written notice • Create an Advisory Board or MV Dispute Panel • Designate administrative law judges, ombudsperson, or other decision-makers who are independent but receive comprehensive training

29. Difficulties are meant to rouse, not discourage. The human spirit is to grow strong by conflict. William Ellery Channing