Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 19 - SCHOOL ENROLLMENT › Section 92-19-005 - Enrollment of homeless children and youths

Current through June 17, 2024
005.01 General Requirements
A district shall follow all requirements for the education of
				  the homeless under the McKinney-Vento Homeless Assistance Act,
				  42 U.S.C.
				  11431 et. seq., including, but not limited
				  to, school stability provisions including a best interest determination, school
				  of origin provisions, the provision of comparable services to homeless children
				  or youths enrolled, the designation of local agency education (district)
				  homeless liaison, notification to the parents or guardians of homeless children
				  and youth of the educational rights and opportunities available under law, and
				  a district dispute resolution process for disputes regarding the educational
				  placement of homeless children and youths.
005.02 Dispute Resolution Process
The district's dispute resolution process referred to in
				  Section 005.01 shall provide for (a) the district's written response and
				  explanation of a decision regarding any complaint or dispute of a parent,
				  guardian or other person having legal or actual charge or control of a homeless
				  child or youth within thirty (30) calendar days of the time such complaint or
				  dispute is brought; (b) the enrollment of the homeless child or youth in the
				  school where enrollment is sought pending final resolution of the dispute,
				  including all available appeals; and (c) notice of the right appeal as provided
				  in Section 005.03 below.
005.03 Appeals
Any parent, guardian or other person having legal or actual
				  charge or control of a homeless child or youth that is dissatisfied with the
				  decision of a school district after the dispute resolution process may file an
				  appeal with the Commissioner within thirty (30) calendar days of receipt of the
				  decision. Such appeals are informal and shall be submitted to the Commissioner
				  in writing stating the basis of the disagreement, and shall also include a copy
				  of the district's written response and explanation of its decision as required
				  in Section 005.02. The district shall be supplied a copy of the written appeal
				  by the Commissioner or designee and the district(s) may file a written response
				  thereto within fifteen (15) calendar days of receipt of it. If either party
				  requests a hearing, an informal hearing will be scheduled by the Commissioner
				  or designee within thirty (30) calendar days after the expiration of the time
				  by which the district is to respond. If no hearing is requested, the
				  Commissioner shall decide the matter based on the submissions of the parties,
				  and may also request further written information and clarification from the
				  parties. The Commissioner or designee shall issue a written decision
				  determining whether or not the provisions of the McKinney-Vento Act have been
				  followed.
005.03C A party may appeal
				the decision of the Commissioner or designee by filing a Petition with the
				State Board of Education within thirty (30) calendar days of the receipt of the
				decision. Such appeal shall be governed by 92 NAC 61, and shall also determine
				whether or not the provisions of the McKinney-Vento Act have been
				followed.