McKinney Homeless Grant Dispute ResolutionIn those cases where a parent/guardian of a homeless child has a disupte with the school district about enrollment, the State Department of Education (SDE) has adopted dispute resolution procedures.
- The SDE, once notified of the dispute, will encourage school officials and parents of homeless children to settle the complaint among themselves.
- When dispute requires intervention by a third party, the SDE will recommend the following dispute resolution procedure to school districts:
- Disputes or complaints of noncompliance will be filed with the school district in which the person filing the complaint lives. School district officers will investigate the matter and will meet with the involved parties to achieve a satisfactory resolution.
- If the dispute or complaint of noncompliance cannot be settled at the school-district level, it will be referred to the school district's board of trustees for review and action.
- If the dispute or complaint of noncompliance cannot be settled by the school board of trustees, the SDE may be consulted for technical assistance or advice; however, neither the McKinney Act nor state statute confers appellate authority to the SDE or to the State Board of Education.
- If the South Carolina Department of Education cannot successfully negotiate a settlement, the matter could be referred to the United States Office of Civil Rights or to the appropriate court of jurisdiction.
Dispute resolution should not delay the admittance of a homeless child or youth into school. The child or youth should be enrolled immediately in the parent or guardian's school of choice while dispute is being settled.