Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 14 - EDUCATION OF HOMELESS STUDENTS › Section 071-14-7 - STATE LEVEL DISPUTE RESOLUTION PROCESS

Current through 2024-29, July 17, 2024
1. If a
				parent or guardian of a homeless student or an unaccompanied homeless student
				disagrees with either the school administrative unit of origin's or the school
				administrative unit of current residence's determination of eligibility or best
				interest and remains in disagreement after completing all steps of the local
				dispute resolution process, the local decision may be appealed to the State
				Department of Education.
2. The
				Department will make forms and instructions for the state level appeal process
				available on its public website. The local liaison must assist the parent,
				guardian, or unaccompanied homeless student in assembling the appeal packet and
				assure that it is sent to and received by the State Homeless Education
				Coordinator. The appeal packet must include the school administrative unit's
				original letter of determination, all documentation related to the local
				dispute resolution process, and the State dispute resolution appeal
				form.
3.
Initial State
				Review
: Upon receipt of the packet, the State Homeless Education
				Coordinator will review the materials provided, request any additional
				information deemed necessary to make his or her determination, and document all
				additional information received in response to the request(s). Within ten (10)
				working days of receipt of the appeal packet, the Coordinator will provide
				written findings and a determination to the disputant and the school
				administrative unit(s). If all parties are satisfied with the resolution
				provided by the Coordinator, this finding will constitute the final
				resolution.
4.
Final Review
				by the Commissioner
: If any party remains dissatisfied with the
				determination of the Coordinator, a final appeal may be made to the
				Commissioner of Education. That party has seven (7) working days to inform the
				Coordinator in writing of their appeal to the Commissioner. The Coordinator
				will provide the parties no less than ten (10) working days to respond in
				writing to the proposed determination, and will convey the original appeal
				packet, the proposed determination, and any timely written responses to the
				Commissioner. At the Commissioner's request, a hearing may be held to clarify
				issues related to the dispute. In any case, the Commissioner will issue a
				decision within twenty (20) working days of receiving the appeal. The
				Commissioner's decision is final.
5. In situations where the school unit of
				origin and the school unit of residence are in disagreement over a
				determination of eligibility or best interest, either unit may request informal
				assistance from the State Homeless Education Coordinator. Should the dispute
				persist after such consultation, either district may initiate the state level
				dispute resolution process described above. The parent, guardian or homeless
				student must receive copies of all documents sent to the Department with
				respect to the dispute, and must be given the opportunity to submit their own
				statement and/or documents with respect to the dispute. The local liaison must
				assist the parent, guardian or homeless student in assembling any statement or
				documents they wish to submit and ensuring that they are sent to and received
				by the State Homeless Education Coordinator. In any situation where the school
				units of origin and residence are in disagreement, the student must be
				immediately enrolled and receiving services in the school chosen by the parent,
				guardian, or unaccompanied youth until the dispute resolution process is
				concluded.