Educating Homeless Children and Youth: Dispute Resolution Guidelines
(A summary of ISBE Homeless Student Dispute Procedures, effective 12-15-05)

Disputes may arise between a school district and a homeless student or homeless parent/guardian regarding, among other things, enrollment or transportation.  At such a time, the school district liaison immediately becomes involved, and the district must follow a procedure that includes these steps:

District Level:

• Immediately enroll the student(s), even without records, and arrange for transportation and other appropriate services.

• With the liaison’s help, have a discussion with the parent/guardian or youth to see if more information can clear up the issues.  If not:

• Send the parent/guardian or youth a letter clearly explaining the district’s position, making referrals to free/reduced cost legal help, and outlining the dispute resolution procedure.

• Also send a copy of the letter to the ROE Superintendent and the State Coordinator.

• Refer the family or youth to the ombudsperson appointed by your ROE.

·ROE Level: 

• The ombudsperson shall
     ◦   Be fair and impartial;
     ◦   Be familiar with the educational rights and needs of homeless children;
     ◦   Promptly schedule a meeting within five school days, if possible, and inform all parties.

• The meeting must allow for a complete presentation of all relevant facts by all parties.

• The family or youth should be allowed to be assisted by a knowledgeable legal representative

• Promptly after the meeting, the ombudsperson shall give the parties the decision in writing and inform them that they can have the State Coordinator review compliance with McKinney-Vento and the Illinois Homeless Education Act.
   

ISBE Level:

• Either party may send such a request to the State Coordinator within five school days, including any documentation related to the proceeding.

• No later than 10 days after receiving the request, the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the ombudsperson’s decision.

• Within 10 days of receiving the above recommendation, the State Superintendent of Education or designee shall inform all parties of the final determination.