1.
INTRODUCTION
The Elementary and Secondary Education Act of
1965, as amended by the Every Student Succeeds Act of 2015
(ESSA), acknowledges that disputes may arise between a private school
and the local educational agency (LEA) responsible for administering equitable
services to the private school under the provisions of ESSA.
The Mississippi Department of Education's (MDE's) ESSA State
Equitable Services Ombudsman and ESSA title-program
specialists are available to assist LEAs and private schools with all equitable
services concerns. However, in the event of unresolved disputes, the
Mississippi State Board of Education hereby enacts the following Equitable
Services Dispute Resolution Policy to facilitate the Ombudsman's statutory duty
to "monitor and enforce" the equitable services provisions of
ESSA.
2.
ADMINISTRATIVE POLICY
The Mississippi State Board of Education hereby authorizes
the Mississippi Department of Education's Office of Federal Programs to devise
detailed procedures for the resolution of equitable services disputes between
LEAs and private schools. These procedures shall include, at a minimum:
A.
Moderated Settlement
Conference: When an unresolved dispute is announced via the
ESSA-mandated "Private School Written Affirmation" filed with
the State Ombudsman, representatives of the LEA and private school will attend
a settlement conference moderated by Office of Federal Programs title-program
specialists, to assure that no misunderstanding, misapplication of law or
procedure, or other mistake has caused the dispute, and to attempt to reach an
amicable resolution. Due to the impending possibility of the Ombudsman's
adjudication of the matter, the Ombudsman shall not participate in the
settlement conference.
B.
Complaint and Response: If settlement is unsuccessful, the private
school may elect to continue the dispute by filing a Complaint to the Ombudsman
in writing, including all supplemental materials. The LEA may file a written
Response, including all supplemental materials.
C.
Decision and Enforcement by
Ombudsman: After considering the evidence, the Ombudsman shall decide
and resolve the dispute by enforcing the equitable services requirements of
ESSA.
i. An in-person
hearing may be requested by either party, or the parties may elect for the
Ombudsman to decide the dispute based on the Complaint and Response materials
alone. If an in-person hearing is requested, the Ombudsman shall preside and is
hereby empowered to administer oaths and take witness testimony. A transcript
of the proceeding shall be made.
ii. A detailed written decision will be
subsequently issued, indicating whether the private school has met its burden
of proof to demonstrate, by a preponderance of the evidence, that the LEA is
noncompliant with the equitable services provisions of ESSA.
iii. If the Ombudsman finds the
private school has met its burden of proof, the Ombudsman shall also issue an
Order to Remediate, requiring the LEA to take the actions necessary to comply
with ESSA's equitable services requirements.
D.
Appeal: In
compliance with
ESSA's appeal provisions, the Ombudsman's
Decision and/or Order may be appealed by either party as follows:
i. Within the three (3) business days
following the Ombudsman's issuance of the Decision, either party may file
notice of appeal to the Mississippi State Superintendent of Education, or
designee, who shall, within the ten (10) business days following the filing of
said notice, review all materials considered in the case, including the
transcript if applicable, and affirm, modify or reverse the Ombudsman's
Decision and Order in a written decision issued to the parties.
ii. Either party may appeal the decision of
the Mississippi State Superintendent of Education to the Secretary of Education
at the United States Department of Education no later than 30 calendar days
after the parties' receipt of the State Superintendent's decision, or if no
decision is issued within 45 calendar days after the filing of the initial
private school Complaint.
