NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06H .0112
Plain English summary
This regulation establishes the dispute resolution process that each LEA in North Carolina must follow when enrollment disputes arise involving homeless students or unaccompanied youth. It requires each LEA to appoint and train a liaison, immediately enroll disputed students pending resolution, provide written rights statements, and sets a 10-school-day deadline for the State coordinator to issue a final written decision on appeal. The burden of proof falls on the school or LEA to demonstrate that a student does not qualify as homeless.
Key requirements
- Each LEA shall appoint a liaison for homeless students.
- The LEA shall train the LEA liaison to carry out and mediate the dispute resolution process as expeditiously as possible.
- The LEA liaison shall ensure that each unaccompanied youth and any student who meets the definition of 'homeless children and youth' is enrolled immediately in the school pending resolution of the dispute.
- The burden shall be on the school or LEA to show that the student is not a homeless student or unaccompanied youth.
- Each LEA shall develop and implement a process for parents, guardians, or unaccompanied youth who have complaints about enrollment to file an appeal to the LEA liaison upon registering, or attempting to register, at the school.
- Pending resolution of any complaint, the LEA shall enroll the child or youth immediately in the school in which the child or youth seeks enrollment.
- The LEA shall provide the student with all the services for which the student is eligible and shall permit the student to participate fully in school activities while the dispute is being resolved.
- The LEA shall provide the parent, guardian, or unaccompanied youth who makes a complaint to the LEA liaison with a written statement of the rights and procedures, in language the parent, guardian, or unaccompanied youth can understand.
- The LEA shall inform the parent, guardian, or unaccompanied youth about the right to appeal any decision regarding the student's enrollment to the State coordinator.
- The LEA shall allow the parent, guardian, or unaccompanied youth to initiate the dispute resolution process at the school at which enrollment is sought or at the LEA liaison's office.
- The LEA shall inform the parent, guardian, or unaccompanied youth of the right to provide supporting written or oral documentation.
- The LEA shall provide the parent, guardian, or unaccompanied youth with a written statement of the final LEA decision.
- The Superintendent of Public Instruction shall designate a State coordinator for homeless education.
- The liaison or liaisons shall provide the complete record within five school days following the State coordinator's request.
- The State Coordinator shall issue a final written decision to the parent, guardian, or unaccompanied youth and the LEA involved within 10 school days following receipt of the complete appeal.
- The State coordinator's decision shall include a summary of the issue appealed, the federal requirement at issue, and a description of the State coordinator's decision in plain language.
Affected parties
- Local Education Agencies (LEAs)
- LEA homeless student liaisons
- Homeless students
- Unaccompanied youth
- Parents and guardians of homeless students
- State coordinator for homeless education
- Superintendent of Public Instruction
- School faculty and staff