Montgomery Public Schools

Special Identified Populations Education Policy
(Migrant, Homeless, English Language Learners, Neglected & Delinquent)

Purpose

To establish a Board Policy to ensure that homeless, migrant, English Language Learners, and neglected and delinquent students are provided educational services needed to allow them to achieve the same challenging state content and student performance standards as other students.

Philosophy and Commitments

The Montgomery County Board of Education acknowledges its responsibility under the No Child Left Behind Act to ensure a free and appropriate education for homeless, migrant, English Language Learners, and neglected and delinquent students, and to the extent possible, to address the special educational and support needs of these identified populations. In satisfying the intent of the No Child Left Behind Act regarding these identified populations, this system will do the following:

• Appoint a system liaison to act on behalf of students and families within the specified populations.
• Enact procedures to eliminate enrollment barriers.
• Provide materials, services, and support to enable the specified populations to meet challenging academic standards.
• Increase efforts to ensure the timely identification of such children within the LEA.
• Increase the awareness among school personnel, parents, and community agencies of student/family rights and LEA responsibilities regarding services available to these children.

Education of the Homeless Policy

Purpose

To establish a Board Policy approving the Dispute Resolution Procedures regarding the enrollment of homeless children and youth.

Philosophy and Commitments

It is the policy of the Montgomery County Board of Education to acknowledge the rights of homeless children and youth to enroll in school regardless of residential status, and to the extent possible will honor the placement request of the parent/guardian or unaccompanied youth under the No Child Left Behind Act. The following procedures, therefore, are established for resolving disputes regarding eligibility status and placement decisions of homeless children and youth:

• Students wishing to enroll at the school level as homeless students through satisfying general indicators of homelessness are to be temporarily enrolled immediately (within one day) and referral forms forwarded to the Homeless Education Liaison for verification of that status.
• Permanent placements of homeless students are approved through the Parent Advocacy and Liaison for Students (PALS) Office.
• If a dispute arises regarding the denial of the homeless status, the parent/guardian or unaccompanied youth must be informed of the right to challenge the decision through the following levels:
  • The Homeless Education Liaison
  • The PALS Office
  • The Superintendent’s Office
  • The Board of Education
  • The Alabama State Department of Education

If a dispute arises over the school placement of a child or youth clearly meeting the definition of homeless under the NCLB McKinney-Vento provisions, the following dispute resolution procedure is in effect:

• Parents/guardians or unaccompanied youth are to be advised through the school-level contact person, the homeless education liaison or the PALS office of their rights:
  1. to challenge the placement decision orally or in writing, and
  2. to be advised of the dispute resolution procedure.
• Following a written or verbal notification of a desire to entire into a challenge of the placement decision by the parent/guardian, or unaccompanied youth, the formal dispute resolution process may then be initiated by the Homeless Education Liaison or through the PALS office. During the dispute resolution process the student shall remain enrolled. (The term “enroll” includes attending classes and participating fully in school activities.)
• The placement decision will be made by the PALS office in writing and shall include an explanation of the placement decision. The communication will be provided within five (5) to ten (10) working days to the parent/guardian or unaccompanied youth and the Homeless Education Liaison. If needed, the communication shall be presented orally, in a language that the parent/guardian can understand. A copy of the appeal rights will be provided to the parent/guardian or unaccompanied youth.
• Parents/guardians or unaccompanied youth may further appeal the decision to the Superintendent of the schools and the Board of Education verbally or in writing. The placement decision will be made, presented in writing, and shall include an explanation of the placement decision. This communication will be provided within ten (10) working days to the parent/guardian or unaccompanied youth, the Homeless Education Liaison, and the PALS Office.
• If the dispute has not been satisfactorily resolved at the district level, parents/guardians or unaccompanied youth should be informed of their right to appeal the decision to the Homeless Education Coordinator at the Alabama State Department of Education.

NOTE: Enrollment disputes between school districts should be resolved at the state level.

Source: McKinney-Vento Homeless Education Assistance Act of 2001 Dispute Resolution No Child Left Behind (NCLB) Act of 2001 (PL 107-110, Section 722)