Iowa Admin. Code r. 281-33.8 - Dispute resolution
(1) If a
homeless child or youth is denied access to a free, appropriate public
education in either the district of origin or the district in which the child
or youth is actually living, or if the child's or youth 's parent or guardian
believes that the child's or youth 's best interests have not been served by the
decision of a school district, an appeal may be made to the department of
education as follows:
a. If the child is
identified as a special education student under Iowa Code chapter 256B, the
manner of appeal is by letter from the homeless child or youth , or the homeless
child 's or youth 's parent or guardian , to the department of education as
established in Iowa Code section 256B.6 and 281-Chapter 41 and governed by that
chapter and the order of the presiding administrative law judge.
b. If the child is not eligible for special
education services, the manner of appeal is by letter from the homeless child
or youth or the homeless child 's or youth 's parent or guardian to the director
of the department of education or a designated administrative law judge. The
provisions of 281-Chapter 6 apply insofar as possible; however, the hearing
shall take place in the district where the homeless child or youth is located
or at a location convenient to the appealing party.
c. At any time a school district denies
access to a homeless child or youth , the district will notify in writing the
child or youth and the child's or youth 's parent or guardian , if any, of the
right to appeal and manner of appeal to the department of education for
resolution of the dispute and shall document the notice given. The notice will
contain the name, address, and telephone number of the legal services office in
the area.
(2) This
chapter will be considered by the presiding officer or administrative law judge
assigned to hear the case.
(3)
Mediation and settlement of the dispute prior to hearing are permitted and
encouraged.
(4) While dispute
resolution is pending, the child or youth is enrolled immediately in the school
of choice of the child's parent or guardian or the school of choice of the
unaccompanied homeless youth . The school of choice is to be an attendance
center either within the district of residence or the district of origin of the
child or youth .
Notes
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