Dispute Resolution Procedure

  • Under the McKinney-Vento Homeless Assistance Act, families and unaccompanied youth in homeless situations have the right to dispute school placement and enrollment decisions. The dispute resolution process should be as informal and as accessible as possible and be consistent with impartial and complete review of the information to determine if the student is eligible for homeless status and services.

    The key provisions for the resolution of the disputes are:

    1. When a student meets the definition of homeless, enrollment procedures are governed by the following:
      1. An FUSD student, who becomes homeless and the residence changes due to the homeless status, has the right to remain enrolled in the school of record. The student does not have to change schools due to the change in residency, and it is preferable for the student to remain in the school of record. However, if the student does not wish to remain in the school of record, the following options are available.

    i. The student may enroll in the school identified for the attendance area for the student's temporary residence.

    ii. The student may choose an alternate school and that enrollment would be governed by the District's Open Enrollment Policy for student choice. However, if the capacity for the class has been reached, the school does not have to enroll the student based on the homeless status.

      1. A student entering the District as homeless and living in a temporary residential situation has the following options.

    i. If the student was previously enrolled, the student may re-enroll under the homeless status in the last school of record in the District.

    ii. The student may enroll in the school identified for the attendance area for the student's temporary residence.

    iii. The student may choose an alternate school and that enrollment would be governed by the District's Open Enrollment Policy for student choice. However, if the capacity for the class has been reached, the school does not have to enroll the student based on the homeless status.

    1. If a student is sent to a school other than the school of record or the school requested, the school must provide a written explanation of the decision and the right to appeal the decision whether the parent, guardian or unaccompanied youth disputes the placement.
    2. If a parent, guardian or unaccompanied youth disputes the school placement or enrollment decision, the school must provide a written explanation of the decision as well as information on the appeal process.
    3. When a dispute arises, the student must immediately be enrolled in the school of choice while the dispute is being resolved. The student must remain in the school of choice until the dispute is resolved. As long as the dispute continues through the resolution process, the student must remain enrolled in the school of choice.
    4. The school must refer the parent, guardian or unaccompanied youth within two school calendar days to a HomeStart liaison to carry out the resolution process as expeditiously as possible.
    5. The HomeStart liaison will meet with the parent, guardian or unaccompanied youth within two school calendar days of the school's referral to review the school's written decision and assess the status of the student as homeless and eligible for homeless services.
    6. Following the state and federal guidelines for determining homelessness, the HomeStart liaison will determine if the family or student is homeless.
      1. If the student is eligible for homeless status, the liaison will notify the school and work with the parent and school to ensure the student's continued enrollment in the school of choice and access to support services through the HomeStart Program.
      2. If the student is not eligible for homeless status, the liaison will notify the parent, guardian or unaccompanied youth in writing and provide a copy of that notice to the school within two school calendar days to proceed with the original decision for school placement or enrollment.
    7. If the dispute continues, the HomeStart liaison will refer the parent, guardian or unaccompanied youth to the District Homeless Director. The director will review the information gathered by the HomeStart Liaison. Based on that information, the director will determine if the student is eligible for homeless status and HomeStart services.
      1. If the student is eligible, the director will notify the HomeStart Liaison within five school calendar days to work with the parent and school to ensure the student's continued enrollment in the school of choice and access to support services through the HomeStart Program.
      2. If the student is not eligible for homeless status, the director will notify the parent, guardian or unaccompanied youth in writing as well as provide information on appealing the District decision to the Arizona Department of Education (ADE) and will provide the appropriate forms from ADE. A copy of that notice will be sent to the school within two school calendar days to proceed with the original decision for school placement or enrollment.
    8. At any point in the resolution of the dispute, District employees may choose to consult with the Arizona Department of Education State Homeless Liaison.

    For assistance with the information on criteria for homeless eligibility status, contact the following McKinney-Vento Homeless Education Liaisons:

    Kira Blair (Grades K-5) (928) 606-1515

    Stephanie Sivak (Grades 6-12) (928) 606-3692

  •  

    Under the McKinney-Vento Homeless Assistance Act, families and unaccompanied youth in homeless situations have the right to dispute school placement and enrollment decisions. The dispute resolution process should be as informal and as accessible as possible and be consistent with impartial and complete review of the information to determine if the student is eligible for homeless status and services.

    The key provisions for the resolution of the disputes are:

    1. When a student meets the definition of homeless, enrollment procedures are governed by the following:
      1. An FUSD student, who becomes homeless and the residence changes due to the homeless status, has the right to remain enrolled in the school of record. The student does not have to change schools due to the change in residency, and it is preferable for the student to remain in the school of record. However, if the student does not wish to remain in the school of record, the following options are available.

    i. The student may enroll in the school identified for the attendance area for the student's temporary residence.

    ii. The student may choose an alternate school and that enrollment would be governed by the District's Open Enrollment Policy for student choice. However, if the capacity for the class has been reached, the school does not have to enroll the student based on the homeless status.

      1. A student entering the District as homeless and living in a temporary residential situation has the following options.

    i. If the student was previously enrolled, the student may re-enroll under the homeless status in the last school of record in the District.

    ii. The student may enroll in the school identified for the attendance area for the student's temporary residence.

    iii. The student may choose an alternate school and that enrollment would be governed by the District's Open Enrollment Policy for student choice. However, if the capacity for the class has been reached, the school does not have to enroll the student based on the homeless status.

    1. If a student is sent to a school other than the school of record or the school requested, the school must provide a written explanation of the decision and the right to appeal the decision whether the parent, guardian or unaccompanied youth disputes the placement.
    2. If a parent, guardian or unaccompanied youth disputes the school placement or enrollment decision, the school must provide a written explanation of the decision as well as information on the appeal process.
    3. When a dispute arises, the student must immediately be enrolled in the school of choice while the dispute is being resolved. The student must remain in the school of choice until the dispute is resolved. As long as the dispute continues through the resolution process, the student must remain enrolled in the school of choice.
    4. The school must refer the parent, guardian or unaccompanied youth within two school calendar days to a HomeStart liaison to carry out the resolution process as expeditiously as possible.
    5. The HomeStart liaison will meet with the parent, guardian or unaccompanied youth within two school calendar days of the school's referral to review the school's written decision and assess the status of the student as homeless and eligible for homeless services.
    6. Following the state and federal guidelines for determining homelessness, the HomeStart liaison will determine if the family or student is homeless.
      1. If the student is eligible for homeless status, the liaison will notify the school and work with the parent and school to ensure the student's continued enrollment in the school of choice and access to support services through the HomeStart Program.
      2. If the student is not eligible for homeless status, the liaison will notify the parent, guardian or unaccompanied youth in writing and provide a copy of that notice to the school within two school calendar days to proceed with the original decision for school placement or enrollment.
    7. If the dispute continues, the HomeStart liaison will refer the parent, guardian or unaccompanied youth to the District Homeless Director. The director will review the information gathered by the HomeStart Liaison. Based on that information, the director will determine if the student is eligible for homeless status and HomeStart services.
      1. If the student is eligible, the director will notify the HomeStart Liaison within five school calendar days to work with the parent and school to ensure the student's continued enrollment in the school of choice and access to support services through the HomeStart Program.
      2. If the student is not eligible for homeless status, the director will notify the parent, guardian or unaccompanied youth in writing as well as provide information on appealing the District decision to the Arizona Department of Education (ADE) and will provide the appropriate forms from ADE. A copy of that notice will be sent to the school within two school calendar days to proceed with the original decision for school placement or enrollment.
    8. At any point in the resolution of the dispute, District employees may choose to consult with the Arizona Department of Education State Homeless Liaison.

    For assistance with the information on criteria for homeless eligibility status, contact the following HomeStart Liaisons:

    Lucy Garcia (Grades K-8) 606-1515

    Stephanie Sivak (Grades 9-12) 606-3692