Embed Size (px)
Citation preview
GRIPPO amp ELDEN LLC 1 1 1 South Wacker Drive Chicago Illinois 60606 (312) 704-7700 FAX (312) 558-1195
(312) 263-7356 ~ J
To Call Writer Direct (312) 704-7761 jsmilhgrippoeldencom
January 20 2011
Via E-mail and Courier
Ms Marica Cullen State Coordinator Education of Homeless Children Illinois State Board of Education 100 North First Street C-215 Springfield IL 62777
Re Appeal of iPleasantdale School District 107 Homeless Dispute Resolution
Dear Ms Cullen
Together with the Law Project of the Chicago Coalition for the Homeless I am representing and her children in connection with the homeless dispute resolution proceeding they engaged in with Pleasantdale School District 107 (the District) On January 182011 we received a copy of the Districts letter addressed to you indicating that it is appealing the Ombudspersons ruling in favor of the
THE OMBUDSPERSONS DECISION COMPLIED WITH APPLICABLE LAW
Review ofDecision
The Illinois State Board of Education Policy provides that within five (5) school days of the Ombudspersons decision either party may seek a review by the State Coordinator of such decisions compliance with applicable law l
As described in the federal guidance on the Education for Homeless Children and Youth Programs2
the dispute resolution process is
1 The District the Districts counsel and I received an e-mailed copy of the Ombudspersons decision on December 29 2010 A copy of the e-mail that I received is attached as Exhibit A Under the ISBE Policy the Districts appeal needed to have been filed on or before January 7th and is therefore not timely filed
2 Section G-9 Non-Regulatory Guidance for the Education for Homeless Children amp Youth Program for the McKinney-Vento Program by the US Dept of Education July 2004 attached as Exhibit B
10733832
Ms Cullen January 20 2011
amp Page 2
intended to be as informal and accessible as possible allowing for impartial and complete review Parents guardians and unaccompanied youth are encouraged to provide written and oral documentation to support their position
Ms Crumleys letter states that [g]iven the amount of conflicting evidence presented the Decision fails to sufficiently articulate how it complies with the applicable law We disagree with Ms Crumleys assessment It is the role of the Ombudsperson to parse through the conflicting evidence in an informal and accessible setting and to apply the law to the facts presented during the proceeding This is exactly what the Ombudspersons decision reflects There is no requirement that the decision articulate specifically how each and every piece of evidence presented by both sides was interpreted The decision clearly indicates that based on the information presented by both parties some of which was presented orally by Ms at the hearing the Ombudsperson found that the family was homeless under the provisions of state and federal law
The Ombudspersons Decision Was In Compliance with Applicable Law Because the Carlson Situation Met Federal and State Homeless Standards
As stated in the materials presented to the Ombudsperson some of which were attached as Exhibit 7 of Ms Crumleys materials are entitled to remain at District 107 schools for two reasons (1) due to flooding in their home prior to the start of the school year they were homeless as defined by federal and state law because they were doubled-up in the housing of Mr due to the temporary inadequacy oftheir own home and as such are entitled to remain in their schools of origin for the remainder of the school year (2) the true current residence of the located at is located within the boundaries of the District and they are entitled to enrollment at District schools because they are residents of the District
Ms and her children have resided in their Willow Springs home for over six years The home located at in Willow Springs experienced significant flood damage after the sump pump malfunctioned at the end of July 2010 A combination of standing water mold and significant damage to both the furnace and air conditioning system made the home an inadequate environment for Ms and her children Ms personally was without renters or flood insurance and as a single mother with insufficient income she was unable to immediately afford to fix the furnace or remedy any of the damage done to her home As Ms testified at the hearing lacking a heating and cooling system with which to dry the basement out the house remained infested with mold making the home in Ms judgment as a parent an inadequate place for her family to stay on a nightly basis although they stayed there on occasion Unable to afford an adequate
10733832
Ms Cullen January 20 2011 Page 3
housing alternative Ms and her children often doubled-up in the housing of Mr Therefore the children were homeless at the time of enrollment for the 2010shy
Il school year and should have been identified as such After repairs were made on the home in early November Ms and her children resumed residing in their Willow Springs home As such they are now residents of the District The Ombudspersons decision that the
students were in a homeless situation was clearly in compliance with state and federal homeless education law
CONCLUSION
We respectfully request that you affirm the Ombudspersons decision in this matter Should you need any additional information please contact Claire Lombardo of the Chicago Coalition of the Homeless at 708-257-5420 or claire_Iombardosbcglobalnet
Sincerely
q~ctL )1----_
Judy A Smith
Encl Exhibits A amp B
cc David Levek Area 1 Lead Liaison Claire Lombardo
Dana Crumley
10733832
EXHIBIT A
Page 1 of1
Smith Judy A
From Michael C Williams [mcw619aolcom]
Sent Wednesday December 29 2010 1059 AM
To mfredisdorfd107org dfcfranczekcom claire_lombardosbcglobalnet Smith Judy A Iheybachyahoocom
Subject Pleasantdale I Dispute Resolution
Attachments McKenny-Vento Resolution Draftdoc
1202011
West 40 Intermediate Service Center 2 - Region 6 2701 West Washington Blvd bull Bellwood IL 60104
(708) 544-5490 bull Fax (708) 544-5491 wwwwest40org
Kay Poyner Brown Executive Director Richard D Erdman Comprehensive Educational Services Director
Pricilla Bradley West Cook McKinney-Vento Advocate
DISPUTE RESOLUTION
Resolution Notification (Who are you sending this completed dispute resolutionorm to)
Judy A Smith
Grippo amp Elden
111 South Wacker Drive
Chicago IL 60606
Dana Fattore Crumley
300 South Wacker Drive Suite 3400
Chicago IL 60606
School District Notification of Low-Cost or Free Legal Counsel DYES D NO
In the case of and
Pleasantdale School District 107 Ms
Dispute Notification Sent To (As indicated below notification had been sent to legal representation 0each party and such representatives should have notified their respective clients Ifeither party had not been represented by legal counsel then notification was sent directly to the respective party)
Date amp Time ofHearing This hearing was conducted at the Pleasantdale Administrative Office on December 15 2010 at 1000 am
In Attendance Mark Fredisdorf Superintendent Pleasantdale School District 107
Dana Fattore Crumley Attorney for Pleasantdale School District 107 Kelly Vol iva Homeless Liaison for Pleasantdale School District 107 James W Kasper Private Investigator for Pleasantdale School District 107
Parent Judy Smith Attorney for Ms Claire Lombardo Chicago Coalition for the Homeless
Page 1 of3
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
Ms Cullen January 20 2011
amp Page 2
intended to be as informal and accessible as possible allowing for impartial and complete review Parents guardians and unaccompanied youth are encouraged to provide written and oral documentation to support their position
Ms Crumleys letter states that [g]iven the amount of conflicting evidence presented the Decision fails to sufficiently articulate how it complies with the applicable law We disagree with Ms Crumleys assessment It is the role of the Ombudsperson to parse through the conflicting evidence in an informal and accessible setting and to apply the law to the facts presented during the proceeding This is exactly what the Ombudspersons decision reflects There is no requirement that the decision articulate specifically how each and every piece of evidence presented by both sides was interpreted The decision clearly indicates that based on the information presented by both parties some of which was presented orally by Ms at the hearing the Ombudsperson found that the family was homeless under the provisions of state and federal law
The Ombudspersons Decision Was In Compliance with Applicable Law Because the Carlson Situation Met Federal and State Homeless Standards
As stated in the materials presented to the Ombudsperson some of which were attached as Exhibit 7 of Ms Crumleys materials are entitled to remain at District 107 schools for two reasons (1) due to flooding in their home prior to the start of the school year they were homeless as defined by federal and state law because they were doubled-up in the housing of Mr due to the temporary inadequacy oftheir own home and as such are entitled to remain in their schools of origin for the remainder of the school year (2) the true current residence of the located at is located within the boundaries of the District and they are entitled to enrollment at District schools because they are residents of the District
Ms and her children have resided in their Willow Springs home for over six years The home located at in Willow Springs experienced significant flood damage after the sump pump malfunctioned at the end of July 2010 A combination of standing water mold and significant damage to both the furnace and air conditioning system made the home an inadequate environment for Ms and her children Ms personally was without renters or flood insurance and as a single mother with insufficient income she was unable to immediately afford to fix the furnace or remedy any of the damage done to her home As Ms testified at the hearing lacking a heating and cooling system with which to dry the basement out the house remained infested with mold making the home in Ms judgment as a parent an inadequate place for her family to stay on a nightly basis although they stayed there on occasion Unable to afford an adequate
10733832
Ms Cullen January 20 2011 Page 3
housing alternative Ms and her children often doubled-up in the housing of Mr Therefore the children were homeless at the time of enrollment for the 2010shy
Il school year and should have been identified as such After repairs were made on the home in early November Ms and her children resumed residing in their Willow Springs home As such they are now residents of the District The Ombudspersons decision that the
students were in a homeless situation was clearly in compliance with state and federal homeless education law
CONCLUSION
We respectfully request that you affirm the Ombudspersons decision in this matter Should you need any additional information please contact Claire Lombardo of the Chicago Coalition of the Homeless at 708-257-5420 or claire_Iombardosbcglobalnet
Sincerely
q~ctL )1----_
Judy A Smith
Encl Exhibits A amp B
cc David Levek Area 1 Lead Liaison Claire Lombardo
Dana Crumley
10733832
EXHIBIT A
Page 1 of1
Smith Judy A
From Michael C Williams [mcw619aolcom]
Sent Wednesday December 29 2010 1059 AM
To mfredisdorfd107org dfcfranczekcom claire_lombardosbcglobalnet Smith Judy A Iheybachyahoocom
Subject Pleasantdale I Dispute Resolution
Attachments McKenny-Vento Resolution Draftdoc
1202011
West 40 Intermediate Service Center 2 - Region 6 2701 West Washington Blvd bull Bellwood IL 60104
(708) 544-5490 bull Fax (708) 544-5491 wwwwest40org
Kay Poyner Brown Executive Director Richard D Erdman Comprehensive Educational Services Director
Pricilla Bradley West Cook McKinney-Vento Advocate
DISPUTE RESOLUTION
Resolution Notification (Who are you sending this completed dispute resolutionorm to)
Judy A Smith
Grippo amp Elden
111 South Wacker Drive
Chicago IL 60606
Dana Fattore Crumley
300 South Wacker Drive Suite 3400
Chicago IL 60606
School District Notification of Low-Cost or Free Legal Counsel DYES D NO
In the case of and
Pleasantdale School District 107 Ms
Dispute Notification Sent To (As indicated below notification had been sent to legal representation 0each party and such representatives should have notified their respective clients Ifeither party had not been represented by legal counsel then notification was sent directly to the respective party)
Date amp Time ofHearing This hearing was conducted at the Pleasantdale Administrative Office on December 15 2010 at 1000 am
In Attendance Mark Fredisdorf Superintendent Pleasantdale School District 107
Dana Fattore Crumley Attorney for Pleasantdale School District 107 Kelly Vol iva Homeless Liaison for Pleasantdale School District 107 James W Kasper Private Investigator for Pleasantdale School District 107
Parent Judy Smith Attorney for Ms Claire Lombardo Chicago Coalition for the Homeless
Page 1 of3
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
Ms Cullen January 20 2011 Page 3
housing alternative Ms and her children often doubled-up in the housing of Mr Therefore the children were homeless at the time of enrollment for the 2010shy
Il school year and should have been identified as such After repairs were made on the home in early November Ms and her children resumed residing in their Willow Springs home As such they are now residents of the District The Ombudspersons decision that the
students were in a homeless situation was clearly in compliance with state and federal homeless education law
CONCLUSION
We respectfully request that you affirm the Ombudspersons decision in this matter Should you need any additional information please contact Claire Lombardo of the Chicago Coalition of the Homeless at 708-257-5420 or claire_Iombardosbcglobalnet
Sincerely
q~ctL )1----_
Judy A Smith
Encl Exhibits A amp B
cc David Levek Area 1 Lead Liaison Claire Lombardo
Dana Crumley
10733832
EXHIBIT A
Page 1 of1
Smith Judy A
From Michael C Williams [mcw619aolcom]
Sent Wednesday December 29 2010 1059 AM
To mfredisdorfd107org dfcfranczekcom claire_lombardosbcglobalnet Smith Judy A Iheybachyahoocom
Subject Pleasantdale I Dispute Resolution
Attachments McKenny-Vento Resolution Draftdoc
1202011
West 40 Intermediate Service Center 2 - Region 6 2701 West Washington Blvd bull Bellwood IL 60104
(708) 544-5490 bull Fax (708) 544-5491 wwwwest40org
Kay Poyner Brown Executive Director Richard D Erdman Comprehensive Educational Services Director
Pricilla Bradley West Cook McKinney-Vento Advocate
DISPUTE RESOLUTION
Resolution Notification (Who are you sending this completed dispute resolutionorm to)
Judy A Smith
Grippo amp Elden
111 South Wacker Drive
Chicago IL 60606
Dana Fattore Crumley
300 South Wacker Drive Suite 3400
Chicago IL 60606
School District Notification of Low-Cost or Free Legal Counsel DYES D NO
In the case of and
Pleasantdale School District 107 Ms
Dispute Notification Sent To (As indicated below notification had been sent to legal representation 0each party and such representatives should have notified their respective clients Ifeither party had not been represented by legal counsel then notification was sent directly to the respective party)
Date amp Time ofHearing This hearing was conducted at the Pleasantdale Administrative Office on December 15 2010 at 1000 am
In Attendance Mark Fredisdorf Superintendent Pleasantdale School District 107
Dana Fattore Crumley Attorney for Pleasantdale School District 107 Kelly Vol iva Homeless Liaison for Pleasantdale School District 107 James W Kasper Private Investigator for Pleasantdale School District 107
Parent Judy Smith Attorney for Ms Claire Lombardo Chicago Coalition for the Homeless
Page 1 of3
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
EXHIBIT A
Page 1 of1
Smith Judy A
From Michael C Williams [mcw619aolcom]
Sent Wednesday December 29 2010 1059 AM
To mfredisdorfd107org dfcfranczekcom claire_lombardosbcglobalnet Smith Judy A Iheybachyahoocom
Subject Pleasantdale I Dispute Resolution
Attachments McKenny-Vento Resolution Draftdoc
1202011
West 40 Intermediate Service Center 2 - Region 6 2701 West Washington Blvd bull Bellwood IL 60104
(708) 544-5490 bull Fax (708) 544-5491 wwwwest40org
Kay Poyner Brown Executive Director Richard D Erdman Comprehensive Educational Services Director
Pricilla Bradley West Cook McKinney-Vento Advocate
DISPUTE RESOLUTION
Resolution Notification (Who are you sending this completed dispute resolutionorm to)
Judy A Smith
Grippo amp Elden
111 South Wacker Drive
Chicago IL 60606
Dana Fattore Crumley
300 South Wacker Drive Suite 3400
Chicago IL 60606
School District Notification of Low-Cost or Free Legal Counsel DYES D NO
In the case of and
Pleasantdale School District 107 Ms
Dispute Notification Sent To (As indicated below notification had been sent to legal representation 0each party and such representatives should have notified their respective clients Ifeither party had not been represented by legal counsel then notification was sent directly to the respective party)
Date amp Time ofHearing This hearing was conducted at the Pleasantdale Administrative Office on December 15 2010 at 1000 am
In Attendance Mark Fredisdorf Superintendent Pleasantdale School District 107
Dana Fattore Crumley Attorney for Pleasantdale School District 107 Kelly Vol iva Homeless Liaison for Pleasantdale School District 107 James W Kasper Private Investigator for Pleasantdale School District 107
Parent Judy Smith Attorney for Ms Claire Lombardo Chicago Coalition for the Homeless
Page 1 of3
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
Page 1 of1
Smith Judy A
From Michael C Williams [mcw619aolcom]
Sent Wednesday December 29 2010 1059 AM
To mfredisdorfd107org dfcfranczekcom claire_lombardosbcglobalnet Smith Judy A Iheybachyahoocom
Subject Pleasantdale I Dispute Resolution
Attachments McKenny-Vento Resolution Draftdoc
1202011
West 40 Intermediate Service Center 2 - Region 6 2701 West Washington Blvd bull Bellwood IL 60104
(708) 544-5490 bull Fax (708) 544-5491 wwwwest40org
Kay Poyner Brown Executive Director Richard D Erdman Comprehensive Educational Services Director
Pricilla Bradley West Cook McKinney-Vento Advocate
DISPUTE RESOLUTION
Resolution Notification (Who are you sending this completed dispute resolutionorm to)
Judy A Smith
Grippo amp Elden
111 South Wacker Drive
Chicago IL 60606
Dana Fattore Crumley
300 South Wacker Drive Suite 3400
Chicago IL 60606
School District Notification of Low-Cost or Free Legal Counsel DYES D NO
In the case of and
Pleasantdale School District 107 Ms
Dispute Notification Sent To (As indicated below notification had been sent to legal representation 0each party and such representatives should have notified their respective clients Ifeither party had not been represented by legal counsel then notification was sent directly to the respective party)
Date amp Time ofHearing This hearing was conducted at the Pleasantdale Administrative Office on December 15 2010 at 1000 am
In Attendance Mark Fredisdorf Superintendent Pleasantdale School District 107
Dana Fattore Crumley Attorney for Pleasantdale School District 107 Kelly Vol iva Homeless Liaison for Pleasantdale School District 107 James W Kasper Private Investigator for Pleasantdale School District 107
Parent Judy Smith Attorney for Ms Claire Lombardo Chicago Coalition for the Homeless
Page 1 of3
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
West 40 Intermediate Service Center 2 - Region 6 2701 West Washington Blvd bull Bellwood IL 60104
(708) 544-5490 bull Fax (708) 544-5491 wwwwest40org
Kay Poyner Brown Executive Director Richard D Erdman Comprehensive Educational Services Director
Pricilla Bradley West Cook McKinney-Vento Advocate
DISPUTE RESOLUTION
Resolution Notification (Who are you sending this completed dispute resolutionorm to)
Judy A Smith
Grippo amp Elden
111 South Wacker Drive
Chicago IL 60606
Dana Fattore Crumley
300 South Wacker Drive Suite 3400
Chicago IL 60606
School District Notification of Low-Cost or Free Legal Counsel DYES D NO
In the case of and
Pleasantdale School District 107 Ms
Dispute Notification Sent To (As indicated below notification had been sent to legal representation 0each party and such representatives should have notified their respective clients Ifeither party had not been represented by legal counsel then notification was sent directly to the respective party)
Date amp Time ofHearing This hearing was conducted at the Pleasantdale Administrative Office on December 15 2010 at 1000 am
In Attendance Mark Fredisdorf Superintendent Pleasantdale School District 107
Dana Fattore Crumley Attorney for Pleasantdale School District 107 Kelly Vol iva Homeless Liaison for Pleasantdale School District 107 James W Kasper Private Investigator for Pleasantdale School District 107
Parent Judy Smith Attorney for Ms Claire Lombardo Chicago Coalition for the Homeless
Page 1 of3
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
In the case of and
Rachel Efimoff Title not designated Kay Poyner Brown Executive Director West 40 ISC
Disposition This Ombudsperson finds in favor ofMs She was homeless during the time in question therefore she falls under the guidance of the provisions found in the McKinneyshyVento Homeless Act
Rational (explanation ofdisposition)
This dispute was referred to Will Countys Regional Office of Education because of Ms claims of homelessness Ms had been notified by the School District that she was not a lawful resident of the Pleasantdale School District After being told that her children would be dis-enrolled which they briefly were Ms returned to the District and stated that she was homeless After being infonned ofher homeless status the district reenrolled the students without academic penalty
Prior to Ms claims ofhomeless ness the school district began an investigation to address her residency This investigation found that for a period of time Ms had indeed not lived in her home which was located within the school districts boundaries She had in fact been spending time with her family with a friend that lived in Orland Park While staying with this friend Ms would on a daily basis bring her children to the home that was located within the district so that they would be able to catch the school bus The school district produced evidence to support their claim ofher not living at the address and of dropping her children off so that they could catch the districts school bus
Ms claimed that she had temporarily moved out ofher residence as a result of her home becoming uninhabitable She stated while she was away during the summer with her family the sump pump failed causing the basement to fill with water The water damaged her furnace washer and dryer and other personal belongings In addition to the water damage the home became infected with mold It was also stipulated that she was not financially able to effect immediate repairs on the furnace which were necessary to make the home inhabitable again Ms has since been able to effect repairs on her furnace and has moved back into her home
This dispute clearly falls under the guidance of the McKinney-Vento Homeless Act Both Illinois and federal law state that homeless students include but are not limited to children or youth who are sharing the housing of other persons due to loss ofhousing economic hardship or a similar reason In this particular case Ms has clearly become homeless as a result ofwater in her basement The law goes on to state a homeless child or youth is entitled to attend the school in which he or she was enrolled when pennanently housed This
Page 2 00
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
In the case of and
choice of school is referred to as the school of origin A child may attend their school oforigin for as long as they remain homeless
As a result ofMs homeless status she was within her rights to enroll her children in their school of origin Therefore this Ombudsperson finds in favor ofMs
TranscriptiRecording (indentify who completed andprovided this documentation) Superintendent Mark Fredisdorfmade a audio recording of these proceedings
Recourse ISharon Neely Principal Consultant ISBE - C215 100 N 11 St Springfield IL 62777 (217) 557-73231
bull Either party may within 5 school days of the Ombudspersons decision send a written request to the State Coordinator asking the State Coordinator to review such decision for compliance with applicable law Such request must include any documentation related to the dispute resolution proceeding
bull Upon receiving a request for review the State Coordinator may request from either party any additional information that he or she deems relevant to determining compliance with applicable law No later than 10 school days after receiving the request for review the State Coordinator shall make a recommendation to the State Superintendent of Education regarding the Ombudspersons decision and the appropriate placement of the student (deferring in this review to any and all findings of fact by the Ombudsperson)
bull Within 10 days of receiving the State Coordinators recommendation the State Superintendent of Education or designee will inform all parties of the final determination
bull If the State Superintendent of Education or designee determines that the districts action giving rise to the dispute is inconsistent with applicable law heshe may order the district to take any action necessary for such district to be in compliance with applicable law Should the district not comply with such order the State Superintendent shall place the districts recognition status on probation in accordance with 23 III Admin Code 120(b)
bull Regardless of the decision of the State Superintendent of Education or designee the State Coordinator will follow-up with the school district within 5 school days after such determination to review the status of the dispute
Signature
December 152010 Ombudsperson Date
Enclosure(s)
Page 3 of3
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
EXHIBITB
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
No Child LEFT BEHIND
EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM
TITLE VII-B OF THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
AS AMENDED BY THE
NO CHILD LEFT BEHIND ACT OF 2001
NON-REGULATORY GUIDANCE
UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON DC
July 2004
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
bull Contact the previous school for records and assistance with placement decisions
bull Develop short educational assessments to place students immediately while awaiting complete academic records
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to attend either their school of origin or local school
bull Inform families and youth in a language they can understand or in an accessible format as appropriate oftheir right to transportation and immediate enrollment
bull Develop clear understandable and accessible forms for written explanations of decisions and the right to appeal and
bull Expeditiously follow up on any special education and language assistance referrals or services
G-9 What are effective strategies for a LEA to use to resolve enrollment disputes
An LEA should consider the following strategies for effectively resolving school enrollment disputes
bull Disputes should be resolved at the district level rather than the school level bull When inter-district issues arise representatives from all involved districts and
the SEA should be present to resolve the dispute bull A State-level appeal process involving the State coordinator should be
available for appeals of district-level decisions and resolution of inter-district disputes (See Section 722(g)(1)(C)
bull The dispute resolution process should be as informal and accessible as possible and allow for impartial and complete review
bull Parents guardians and unaccompanied youth should be able to initiate the dispute resolution process directly at the school they choose as well as at the district or LEA homeless liaisons office
bull States should establish timelines to resolve disputes at the local and State level bull Parents guardians and unaccompanied youth should be informed that they
can provide written or oral documentation to support their position bull Students should be provided with all services for which they are eligible while
disputes are resolved bull Written notice should be complete as briefas possible simply stated and
provided in a language the parent guardian or unaccompanied youth can understand The notice should include
1 Contact information for the LEA homeless liaison and State coordinator with a brief description oftheir roles
2 A simple detachable form that parents guardians or unaccompanied youth can complete and tum in to the school to initiate the dispute process (The school should copy the form and return the copy to the parent guardian or youth for their records when it is submitted)
17
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
3 A step-by-step description ofhow to dispute the schools decision 4 Notice of the right to enroll immediately in the school of choice
pending resolution ofthe dispute 5 Notice that immediate enrollment includes full participation in
all school activities 6 Notice ofthe right to appeal to the State ifthe district-level
resolution is not satisfactory and 7 Timelines for resolving district- and State-level appeals
G-IO Are children who are awaiting foster care placement eligible for services under the McKinney-Vento Act
Yes As stated in A-3 children who are awaiting foster care placement are considered homeless and eligible for McKinney-Vento services (See Section 725(2)(B)(i) of the McKinney-Vento Act)
Children who are already in foster care on the other hand are not considered homeless LEA liaisons should confer and coordinate with local public social service agency providers in determining how best to assist homeless children and youth who are awaiting foster care placement
G-l1 Are children displaced from their housing by naturally occurring disasters eligible for services under the McKinney-Vento Act
When children and their families are displaced from their housing as a result ofa natural disaster there is often a period of instability in which various private organizations and local State and Federal agencies provide assistance SEAs and LEAs should determine such childrens eligibility for McKinney-Vento services on a case-by-case basis In making this determination they should take into consideration the services that are available through these other sources
Following a disaster one ofthe LEAs first priorities is to re-open impacted schools as soon as possible and take steps to normalize school routines LEAs should then proceed to examine whether children who have been displaced by the natural disaster are eligible for McKinney-Vento services on a case-by-case basis In such circumstances the Department would provide technical assistance and other assistance as available to help the LEA
18
![[Gerald Moore, Stuart Elden, Henri Lefebvre] Rhyth(BookZZ.org)](https://img.pdfslide.us/doc/110x75/55cf9720550346d0338fd1ec/gerald-moore-stuart-elden-henri-lefebvre-rhythbookzzorg.jpg)
