Homeless Enrollment Dispute Policy

Please note – there is no pay-by-day or drop in option for extended day this year. All attendees must be registered for monthly attendance. 

Dispute Resolution Procedure

The McKinney-Vento Homeless Assistance Act acknowledges that disputes may arise between the school district and homeless students and their parents/guardians. Guidance for school selection is provided in law. The law includes dispute resolution among the required duties of the local district liaison.

Louisiana Key Academy recognizes that homelessness alone should not be sufficient reason to separate students from the mainstream school environment. Therefore, the LKA Board of directors, in accordance with state and federal law, shall give special attention to ensure that homeless children applying for enrollment at LKA have access to a free and appropriate public education and to hopefully ensure that there are no barriers to the enrollment, transportation, attendance and success in school of homeless children and youth.

DEFINITION

Homeless children and youth means individuals who lack a fixed, regular and adequate nighttime residence and include the following:

• Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters, are abandoned in hospitals; or are awaiting foster care placement.
• Children and youth who have a primary nighttime residence that is a public or private place not designated for or ordinarily used as regular sleeping accommodation for human beings.
• Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings.
• Migratory Children who meet one of the above-described circumstances are also recognized under this definition.

Disputes arising between or among the school district of residency; another school district; or the parent, homeless youth, or person in parental relationship to the homeless student regarding the school that the child shall attend or the educational placement of the homeless student shall be resolved through the following procedures:

ENROLLMENT

If student meets the criteria of showing characteristics of dyslexia, Louisiana Key Academy shall immediately admit the homeless child or youth seeking enrollment, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, immunization records, proof of residency or other documentation. However, LKA may require a parent or guardian of

a homeless child or youth to submit contact information, such as medical emergency information, contact information regarding the parent, guardian or caregiver.

CHILDREN IN FOSTER CARE

Louisiana Key Academy shall ensure that a student who is in foster care pursuant to placement through the Louisiana Department of Children and Family Services shall be allowed to remain enrolled in the public school in which the child was enrolled at the time he/she entered foster care for the duration of the child’s stay in custody of the state or until he/she completes the highest grade offered at the school if the Department of Children and Family Services determines that remaining in that school is in the best interest of the child.

SERVICES

Each homeless child or youth shall be provided services comparable to services offered to other students at Louisiana Key Academy including, but not limited to, education services which the child meets the eligibility criteria, such as educational programs for disadvantaged students, students with disabilities and gifted and talented students; school nutrition programs; before and after school care programs; and programs for students with limited English proficiency. Homeless students shall not be segregated in a separate school or program within LKA based on the student’s status as homelss.

RECORDS

Any records ordinarily kept by Louisiana Key Academy, including immunization records, academic records, birth certificates, guardianship records and evaluations for special services or programs of each homeless child or youth shall be maintained so that appropriate services may be given to the student, so that necessary referrals can be made, and so that records may be transferred in a timely fashion when a homeless child or youth enters a new school or school district. Copies of records shall be made available upon request to students or parents in accordance with the Family Educational Rights and Privacy Act and Louisiana Key Academy policy.

ENROLLMENT DISPUTES

If a dispute rises over enrollment at Louisiana Key Academy

1. Every effort must be made to resolve at the local district level.
2. Unless provided for in any other desegregation order, the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute
3. All concerns regarding the education of a homeless child should be referred to the homeless liaison at Louisiana Key Academy. If a complaint arises about services or placement of a homeless student, the LKA liaison shall inform the representative of the homeless student or the unaccompanied youth of their rights under this process and the McKinney-Vento Act, generally. The child shall remain enrolled throughout.
4. The LKA liaison shall make a determination within a reasonable number of days as to the request. The liaison will document this and all subsequent communications, determinations, and evidences in the Dispute Resolution Sample Form. A copy of that determination shall be presented to the parent or guardian. If the complaint is not resolved, the complainant will be advised to present a written request for mediation. The LKA liaison shall assist the representative to complete a written request for mediation, including an indication of the specific point at issue.
5. The mediation shall be scheduled within a reasonable number of days of the written request and shall be convenient to the needs of the representative of the homeless student. The district liaison, the district(s) representative(s), and the child’s representative shall be present.
6. During the hearing, the school district(s) shall discuss considerations that led to the placement decision and the specific point in issue determined previously. The mediation may also include discussion of the ability of the school district to provide continuity in educational programs, the need of the homeless student for special instructional programs, the amount of time and arrangements required to transport the student to the original school district, the age of the homeless student and the school placement of siblings, and the time remaining until the end of the semester or the end of the school year. Documentation regarding those proceedings must be provided with any appeal to the state homeless coordinator.
7. In cases where an agreement cannot be reached among all involved parties, either party may request review by the state homeless children education coordinator. Upon written request, the state coordinator shall make a determination and communicate with the involved parties to discuss available alternatives and seek to resolve the dispute. Any party requesting review by the state coordinator must provide reasoning for the review including specific questions of law and/or fact.
8. In cases of such a request for the assistance of the state coordinator, the school district of residence shall provide sufficient information as required, including but not limited to:
9. A description of the situation that prompted the complaint
10. The name(s) and age(s) of the child or children involved
11. The name(s) of the involved school district personnel and the school district or districts involved
12. Copies of any documentation used up to that point including reasoning for district decisions, appropriate evidence to substantiate reasoning, and other evidence the district sees relevant.
13. All information is subject to FERPA.
14. The state coordinator shall collect appropriate evidence, review such evidence, and provide an initial decision. Parties may request that the state coordinator’s decision be reviewed by a three-member panel convened by the state coordinator within the Department of Education.
15. The three-member panel shall review:
16. The state coordinator’s decision and either adopt the decision or reject it. If rejected, the panel will
17. Provide an alternative finding with appropriate reasoning. The panel’s decision is a final decision and not appealable. A final decision will be rendered within a reasonable number of days after receiving a complaint.

10. The placement and services for the homeless student shall be continued pending the resolution of the dispute by the Department of Education.

LIAISON

One individual shall be appointed by Louisiana Key Academy Board of Directors to act as the LKA

homeless liaison. The LKA Board of Directors shall inform school personnel, service providers and

advocates working with homeless families of the duties of the homeless liaison.

DISCIPLINE – NOT REQUIRED TO ENROLL

Nothing in this policy shall require the enrollment of any child not permitted by another school system

to attend school, either permanently or temporarily, as a result of disciplinary actions.

Ref: 42 USC 11431 et seq. (Stewart B. Mckinney Homeless Assistance Act); 34 CFR Part 200 (Title I –

Improving the Academic Achievement of the Disadvantaged); Plyler V. Doe, 457 U.S. 202 (1982); La. Rev.

Stat. Ann. §§17.81, 17:221, 17:222, 17:238, 17:46.