Lexington City Schools
Students in Transition
Dispute Appeals Procedures
Background
The McKinney-Vento Homeless Assistance Act guarantees rights and services to remove educational barriers for homeless children and youth. The law requires states and school districts to follow a dispute resolution process when parents, guardians, or unaccompanied youth and schools, disagree on the eligibility, enrollment, or educational placement of homeless children and youth. The McKinney-Vento Act includes dispute resolution among the required duties of the district’s liaison. The department has developed a dispute resolution process as required by the act.
The dispute resolution process is intended to represent each party’s views for objective consideration so that disagreements can be brought to closure expeditiously. During the dispute process, the law requires that the school district allow the child or youth to attend the school that the parents or guardians wish their child or youth to attend or that the unaccompanied youth wishes to attend in order to minimize educational disruption.
When a dispute arises over eligibility, enrollment, or school selection, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute. In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute.
The district must provide a written explanation of the decision to the parent or, in the case of an unaccompanied youth, to the unaccompanied youth. The written explanation must include a description of the parent’s or unaccompanied youth’s right to appeal the decision.
The designated district homeless liaison is assigned to carry out the dispute resolution process in an expeditious manner. Lexington City Schools’ homeless liaison is:
When a dispute arises over eligibility, enrollment, or school selection, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute. In the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute.
The district must provide a written explanation of the decision to the parent or, in the case of an unaccompanied youth, to the unaccompanied youth. The written explanation must include a description of the parent’s or unaccompanied youth’s right to appeal the decision.
The designated district homeless liaison is assigned to carry out the dispute resolution process in an expeditious manner. Lexington City Schools’ homeless liaison is:
In a case where a dispute occurs regarding eligibility, enrollment, or school selection of a homeless child or youth, the following process must be used:
Every effort must be made to resolve the complaint or dispute at the local level before it is brought to the Tennessee Department of Education.
Initiation of the Dispute Resolution Process
The parent or the unaccompanied youth shall be informed of their right to appeal the decision made by the school district and be provided the following information:
If a parent or unaccompanied youth wishes to appeal a school district’s decision related to a student’s placement:
If the dispute remains unresolved after a Level 1 appeal
If a dispute arises at the school level over school selection or enrollment, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute. 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.
Disputes arising between school districts regarding the placement of a homeless child or youth in a district should be resolved between the districts at the local level in the best interest of the child and according to the law. Disputes between school districts that remain unresolved shall be forwarded in writing to the McKinney-Vento state coordinator by either of the disputing districts. A decision will be made by the state coordinator within seven (7) business days of the receipt of the dispute and will be forwarded in writing to the district’s superintendents, the districts’ homeless liaisons, and the parent(s) of the homeless child or youth. The decision made by the McKinney-Vento state coordinator shall be the final resolution between the disputing districts.