4. It is the responsibility
of the school district to inform the parent(s)/guardian(s) of homeless students
of the Complaint Resolution Procedures.
The Mississippi Department of Education, Office of Federal
Programs, has adopted a complaint resolution process. In a case where a dispute
occurs regarding the education of a homeless child or youth, the following
process may be used:
Local Level: Every effort must be made to resolve
the complaint or dispute at the local level before it is brought to the
Mississippi Department of Education (MDE).
1. If a question concerning the education of
the homeless child arises, the first person to contact in the school district
is the homeless liaison. Each school district is required to have a designated
homeless liaison, with someone in every school or in the central office for the
school district able to identify said homeless liaison. If there is a complaint
about services for the homeless student(s), the complainant is to be provided a
copy of the local complaint procedure. If the district or public school does
not have a complaint procedure in place, the following steps are suggested:
a. The homeless liaison should discuss the
complaint with the complainant and the complainant is to be provided copies of
the policies that the local Board of Education has adopted
concerning the education of homeless children and youth
b. A determination is to be made as to
whether the requested services for the
c. homeless student are consistent with local
school board policy
d. If the
complaint is not resolved, the complainant will be advised to present it in
writing to the homeless liaison
e.
A written proposed resolution of the complaint or plan of action is to be
provided to the complainant within five (5) days of the date of receipt of the
written complaint.
2. If
the complaint is not resolved at this level within five (5) days, it may be
taken to the superintendent of the district the student is attending or wishes
to attend. In addition to presenting the written complaint, an appointment will
be made for the complainant to meet with the superintendent to discuss the
complaint. At the end of the discussion with the superintendent, a written
resolution will be provided within five (5) days of the date of the
discussion.
3. If the complaint is
still not resolved, it may be possible to appeal to the local Board of
Education.
State Level: If the complaint is not resolved in a
satisfactory manner at the local level, the complaint may be directed to MDE.
Complaints made under this process must be made in writing and signed by the
complainant. The following steps are to be taken:
1. Address the complaint to the Mississippi
Department of Education, Office of Federal Programs, State Homeless Education
Coordinator, 359 North West Street-Ste. 111, P.O. Box 771, Jackson, MS
39205.
2. Include in the complaint:
a. A description of the situation that
prompted the complaint
b. The
name(s) and age(s) of the child or children involved
c. The name(s) of the involved school
district personnel and the school district or districts involved
d. A description of the attempts that were
made to solve the issue at the local level including copies of any
documentation used up to that point.
3. The State Homeless Coordinator will gather
needed information from statements of the parties involved and will forward the
information to the director of the Office of Federal Programs along with a
recommendation for resolution or for further investigation.
4. Within thirty (30) days after receiving a
complaint, the Director of the Office of Federal Programs will recommend a
resolution and will inform interested parties in writing of the
decision.
5. If a complainant or
one of the parties involved in the complaint disagrees with the decision, that
party may, within ten (10) working days, appeal to the Deputy Superintendent of
the Office of Instructional Enhancement and Internal Operations. This appeal
must be in writing and state why the party disagrees with the decision of the
Director of the Office of Federal Programs.
6. Within thirty (30) days after receiving an
appeal, the Deputy Superintendent will render a final administrative decision
and notify the complainant and the school district(s) involved in writing.
If the party disagrees with the decision of the Deputy
Superintendent in a matter concerning homeless children or youth, the party may
request a review of the decision by the United States Secretary of Education in
accordance with 34 CFR Part 299.11.
While the dispute is being resolved, the child or
children in question must be enrolled in school. If the dispute is concerning
the school of "best interest," the child must be enrolled in the school
preferred by the parent/guardian or unaccompanied youth unless previous
arrangements have been implemented.
http://www.mde.k12.ms.us/federal-programs/federal-programs---title-x-homeless
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