North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter H - FEDERAL PROGRAMS › Section 06H .0115 - DISPUTE RESOLUTION PROCESS FOR HOMELESS STUDENTS - LEA DISPUTE RESOLUTION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each LEA shall develop and implement an
				LEA dispute resolution process for parents, guardians, or unaccompanied youth
				who have complaints about eligibility, school selection, or enrollment to file
				an appeal to the local liaison upon registering, or attempting to register, the
				child or youth at the school where enrollment is sought. For purposes of this
				process, the phrase "school where enrollment is sought" may be either the
				school of origin or the school located in the attendance zone of the child or
				youth's temporary residence. Enrollment shall be deemed to include attending
				classes and participating fully in all school activities, as required by
				42 USC
				11434a(1). The LEA shall
				publish the LEA dispute resolution process on its website or in any school unit
				publication that sets forth the rules, procedures, and standards for students
				or parents. The LEA dispute resolution process shall provide that:
(1) the parent, guardian, or unaccompanied
				youth may initiate the dispute resolution process with the local liaison at the
				school where enrollment is sought or at the local liaison's office;
(2) faculty and staff of the school who know
				about the complaint must refer the parent, guardian, or unaccompanied youth to
				the local liaison;
(3) the local
				liaison shall carry out the LEA dispute resolution process within 15 school
				business days, or 30 calendar days, whichever is less;
(4) the LEA official(s) responsible for
				making the final LEA decision shall be identified in the local
				policy;
(5) the LEA shall enroll
				the child or youth immediately as required by
				42 USC
				11432 in the school where enrollment is
				sought pending resolution of any complaint between the school or LEA and the
				parent, guardian, or unaccompanied youth over school enrollment;
(6) the LEA shall provide the student with
				all services for which the student is eligible and shall permit the student to
				participate in school activities while the dispute is being resolved;
(7) the LEA shall, within one school business
				day, provide the parent, guardian, or unaccompanied youth with a statement of
				rights and procedures, written in a language, manner, and form they understand,
				to the extent the LEA deems practicable, that informs them of:
(A) contact information including telephone
				number, e-mail address, and physical address of the local liaison and of the
				State Coordinator for homeless education, with a description of their
				roles;
(B) the right to notify the
				local liaison, within two school business days of the school's decision, of the
				parent's, guardian's, or unaccompanied youth's intent to appeal the decision
				and the right to receive notice of the appeal procedure, including the timeline
				and process for making the initial appeal and any subsequent appeals available
				under LEA policy. This process must allow for requests for appeals to be made
				orally or in writing and must identify the LEA official(s) who makes the final
				LEA decision;
(C) a form that
				parents, guardians, or unaccompanied youth can understand, complete, and submit
				to the local liaison to formally initiate the appeal and any subsequent appeals
				available under LEA policy;
(D) the
				right to appeal, or request an extension of time to appeal, the final LEA
				decision to the State Coordinator within three school business days of receipt
				of the final LEA decision;
(E) the
				right to enroll immediately in the school located in the attendance zone of the
				child or youth's temporary residence or remain in the school of origin with
				transportation provided by the LEA pending resolution of the dispute, if such
				transportation is requested by the parent, guardian, or local liaison on behalf
				of the youth;
(F) notice that the
				right to enroll includes the right to fully participate in all school
				activities;
(G) the right to obtain
				assistance of advocates or attorneys; and
(H) the right to provide supporting written
				or oral documentation during the appeals process.