Mississippi Administrative Code › Title 7 - Education K-12 › Part 3 - Board Policies › Chapter 80 - Title Programs › Rule 7-3-80.4 - Every Student Succeeds Act: Equitable Services Dispute Resolution Policy

Current through June 25, 2024
1.
INTRODUCTION
The
Elementary and Secondary Education Act of
				  1965
, as amended by the
Every Student Succeeds Act of 2015
				  (ESSA)
, acknowledges that disputes may arise between a private school
				  and the local educational agency (LEA) responsible for administering equitable
				  services to the private school under the provisions of
ESSA
.
				  The Mississippi Department of Education's (MDE's)
ESSA
State
				  Equitable Services Ombudsman and
ESSA
title-program
				  specialists are available to assist LEAs and private schools with all equitable
				  services concerns. However, in the event of unresolved disputes, the
				  Mississippi State Board of Education hereby enacts the following Equitable
				  Services Dispute Resolution Policy to facilitate the Ombudsman's statutory duty
				  to "monitor and enforce" the equitable services provisions of
ESSA
.
2.
ADMINISTRATIVE POLICY
The Mississippi State Board of Education hereby authorizes
				  the Mississippi Department of Education's Office of Federal Programs to devise
				  detailed procedures for the resolution of equitable services disputes between
				  LEAs and private schools. These procedures shall include, at a minimum:
A.
Moderated Settlement
				Conference:
When an unresolved dispute is announced via the
ESSA-
mandated "Private School Written Affirmation" filed with
				the State Ombudsman, representatives of the LEA and private school will attend
				a settlement conference moderated by Office of Federal Programs title-program
				specialists, to assure that no misunderstanding, misapplication of law or
				procedure, or other mistake has caused the dispute, and to attempt to reach an
				amicable resolution. Due to the impending possibility of the Ombudsman's
				adjudication of the matter, the Ombudsman shall not participate in the
				settlement conference.
B.
Complaint and Response:
If settlement is unsuccessful, the private
				school may elect to continue the dispute by filing a Complaint to the Ombudsman
				in writing, including all supplemental materials. The LEA may file a written
				Response, including all supplemental materials.
C.
Decision and Enforcement by
				Ombudsman:
After considering the evidence, the Ombudsman shall decide
				and resolve the dispute by enforcing the equitable services requirements of
ESSA.
i. An in-person
				hearing may be requested by either party, or the parties may elect for the
				Ombudsman to decide the dispute based on the Complaint and Response materials
				alone. If an in-person hearing is requested, the Ombudsman shall preside and is
				hereby empowered to administer oaths and take witness testimony. A transcript
				of the proceeding shall be made.
ii. A detailed written decision will be
				subsequently issued, indicating whether the private school has met its burden
				of proof to demonstrate, by a preponderance of the evidence, that the LEA is
				noncompliant with the equitable services provisions of
ESSA.
iii. If the Ombudsman finds the
				private school has met its burden of proof, the Ombudsman shall also issue an
				Order to Remediate, requiring the LEA to take the actions necessary to comply
				with
ESSA's
equitable services requirements.
D.
Appeal:
In
				compliance with
ESSA's
appeal provisions, the Ombudsman's
				Decision and/or Order may be appealed by either party as follows:
i. Within the three (3) business days
				following the Ombudsman's issuance of the Decision, either party may file
				notice of appeal to the Mississippi State Superintendent of Education, or
				designee, who shall, within the ten (10) business days following the filing of
				said notice, review all materials considered in the case, including the
				transcript if applicable, and affirm, modify or reverse the Ombudsman's
				Decision and Order in a written decision issued to the parties.
ii. Either party may appeal the decision of
				the Mississippi State Superintendent of Education to the Secretary of Education
				at the United States Department of Education no later than 30 calendar days
				after the parties' receipt of the State Superintendent's decision, or if no
				decision is issued within 45 calendar days after the filing of the initial
				private school Complaint.