NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06H .0115
Plain English summary
This regulation requires each LEA to develop and implement a dispute resolution process for homeless students, parents, guardians, and unaccompanied youth who have complaints about eligibility, school selection, or enrollment. LEAs must immediately enroll disputed students, provide a statement of rights within one school business day, and resolve disputes within 15 school business days or 30 calendar days, whichever is less. A local liaison must be appointed to manage and communicate the process, and the State Coordinator is responsible for training local liaisons.
Key requirements
- Each LEA shall develop and implement an LEA dispute resolution process for parents, guardians, or unaccompanied youth who have complaints about eligibility, school selection, or enrollment to file an appeal to the local liaison upon registering, or attempting to register, the child or youth at the school where enrollment is sought.
- The LEA shall publish the LEA dispute resolution process on its website or in any school unit publication that sets forth the rules, procedures, and standards for students or parents.
- The local liaison shall carry out the LEA dispute resolution process within 15 school business days, or 30 calendar days, whichever is less.
- The LEA shall enroll the child or youth immediately as required by 42 USC 11432 in the school where enrollment is sought pending resolution of any complaint.
- The LEA shall provide the student with all services for which the student is eligible and shall permit the student to participate in school activities while the dispute is being resolved.
- The LEA shall, within one school business day, provide the parent, guardian, or unaccompanied youth with a statement of rights and procedures, written in a language, manner, and form they understand.
- The right to notify the local liaison, within two school business days of the school's decision, of the parent's, guardian's, or unaccompanied youth's intent to appeal the decision.
- The right to appeal, or request an extension of time to appeal, the final LEA decision to the State Coordinator within three school business days of receipt of the final LEA decision.
- Each LEA shall appoint a local liaison for identifying homeless students.
- The local liaison shall inform the LEA superintendent, other school officials participating in the LEA dispute resolution process, and the State Coordinator of the dispute no more than two school business days after the parent, guardian, or unaccompanied youth has initiated the dispute resolution process.
- The State Coordinator shall train the local liaisons to carry out and mediate the dispute resolution process and to ensure that each school and the LEA meets the requirements of the McKinney-Vento Act as amended by the Every Student Succeeds Act of 2015, as set forth in 42 U.S.C. 11431 et seq.
- Faculty and staff of the school who know about the complaint must refer the parent, guardian, or unaccompanied youth to the local liaison.
Affected parties
- Local Education Agencies (LEAs)
- homeless students
- parents and guardians of homeless students
- unaccompanied youth
- local liaisons for homeless students
- State Coordinator for homeless education
- LEA superintendents
- school faculty and staff