The Delaware Department of Education and Delaware schools adhere to the provisions of the Federal McKinney-Vento Homeless Assistance Act which aims to minimize the educational disruptions experienced by students who are experiencing homelessness. According to the Federal McKinney-Vento Homeless Assistance Act, "homeless children and youth" is defined as individuals who lack a fixed, regular, and adequate nighttime residence.

For more information on the Federal McKinney-Vento Homeless Assistance Act, click here.

In accordance with the McKinney-Vento Homeless Assistance Act of 2001, 722 (e)(3)(C), the parent or guardian (student of unaccompanied) is to receive and acknowledge notice of the rights set forth below.

The parent or guardian of a homeless student (student if unaccompanied) has the right to:

• Continue the student’s education in the school of origin for the duration of homelessness:
• In any case in which a family becomes homeless between academic years or during an academic year; or
• For the remainder of the academic year, if the student becomes permanently housed during an academic year; or
• Enroll the student in any public school that non-homeless students who live in the attendance area in which the student is actually living are eligible to attend; if in the best interest of the student.
• Appeal if the homeless student is sent to a school other than the school of origin or a school as requested by the parent or guardian;
• Enroll in, and have full and equal opportunity to succeed in school without being segregated from the non-homeless student population;
• Identification or service without being stigmatized as homeless by school personnel 

A parent or guardian (student if unaccompanied) may contact the State Coordinator for Education of the Homeless Children and Youth at:

District Liaison for Homeless Students
Craig Warrington
Cape Henlopen School District
1270 Kings Highway
Lewes, DE  19958
302-703-3520

A parent or guardian (student if unaccompanied) may contact the State Liaison for the Homeless Children and Youth at:

John Hulse, Education Associate
Education for the Homeless Children and Youth
35 Commerce Way, Suite 1
Dover  DE 19904
302-735-4100

The District Liaison for Homeless shall ensure that the parent or guardian of a homeless student, and any unaccompanied youth, is:

• Assisted in accessing transportation to the selected school;
• Provide assistance in the exercise of the right to attend the school of choice and other necessary services, and
• Provide the above information in a manner and form understandable to the recipient and if necessary, and to the extent feasible, in the native language of the recipient.

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Dispute Resolution Process

It is the right of homeless students to remain in the school of origin, when feasible, according to the wishes of the parents or legal guardians, and the student.  In such cases, the LEA will make every effort to provide appropriate support services for students.  The LEA further recognizes that in some instances it may be the best interest of the student to enroll in the school of residence.  For this purpose, the LEA of origin shall hold a Best Interest Meeting with the parents or legal guardians, and student, as applicable, and a representative shall be submitted to the parents or legal guardians, and unaccompanied youth.

The recommendation for the school placement shall be submitted to the parents or legal guardians, and student, as applicable, following the Best Interest meeting.   Please be advised that parents or legal guardians or unaccompanied youth (through the LEA Homeless Liaison, as applicable) have a right to appeal this recommendation, if you believe the decision is in violation of your student’s rights under the provision of the McKinney-Vento Homeless Education Assistance Act.  The appeal process shall be initiated at the LEA level.  The appellant shall file the appeal within five (5) calendar days of the Best Interest Meeting recommendation.  LEA representative(s) will render a determination within ten (10) calendar days of the initiation of the appeal.  The State level Office of the Secretary, Department of Education shall have five (5) calendar days to determine whether to hear the case and/or assign the case to an independent and impartial review official (and shall so advise the parties).  The review official shall inform the parties of his or her determination within thirty (30) calendar days of the receipt of the notice or appeal. 

The appeal shall be initiated, in writing, by the appellant.  The notice of appeal can be submitted to the school of attendance or the LEA Homeless Liaison.  The student shall remain in the school which the parents, or legal guardians, or unaccompanied youth requests until the dispute process is exhausted.  The student’s enrollment includes full participation in all school activities for which the student is eligible. 

If further information or clarification of this dispute is desired by the parents or legal guardians, or unaccompanied youth, please contact the LEA’s Homeless Liaison or State Coordinator for Homeless Education.

STEP ONE:

If the placement issue has not been resolved to the satisfaction of the parents or legal guardians, or unaccompanied youth, s/he may appeal the recommendation of the LEA Homeless Liaison to the Superintendent or his/her designee.  Within five (5) calendar days of receiving the request for appeal, the office of the Superintendent, after review of the LEA Homeless Liaison’s recommendation and process for determination, shall affirm, reverse, or modify the recommendation of the LEA Homeless liaison in writing.

STEP TWO:

To initiate the Sate-level dispute resolution process, the appellant must file a written notice of appeal with the Secretary of Education no later than ten (10) calendar days after the written notification of the LEA level decision.  The notice of appeal shall state with specificity the grounds of the appeal, and shall be signed by the appellant.  Where the appeal is being initiated by an LEA, the chief education officer of the LEA must sign the notice of appeal.

Upon receipt of a notice of appeal, the Secretary or his/her designee, shall within five (5) calendar days decide whether to hear the appeal or assign it to an independent and impartial review official and shall so advise the parties.  Appeals are limited to the record.  Parties may support their positions in written statements limited to matters in the existing record.  In order to be considered, written statements must be filed with the review official no later than twenty (20) calendar days after the appeal is filed. Within thirty (30) calendar days of the receipt of the notice of appeal, the review official shall inform the parties of his or her determination.

Definitions

“LEA Homeless Liaison” means the Local Educational Liaison for Homeless Children and Youth designated under 42 U.S.C I I(g)(1)(ii)

LEA Homeless Liaison work to support LEA schools in ensuring that students enroll in, and a full and equal opportunity to succeed in school; ensure that children and youth in homeless situations are identified; other duties, arranging transportation, posting notice, resolving disputes.

“Secretary” means the Secretary of Education.

“State Coordinator” means the Delaware Coordinator for Education of Homeless Children and Youths designated under 42 U.S.C. I I432(d)(3).  State Coordinator – supports the LEA Homeless Liaison in the interpretation of the federal legislation, entitlements of students identified, statewide trainings of LEA Homeless Liaison; compliance monitoring and resolving of inter-LEA and State level disputes. 

State Coordinator – supports the LEA Homeless Liaison in the interpretation of the federal legislation, entitlements of students identified, statewide trainings of LEA Homeless Liaison; compliance monitoring and resolving of the inter-LEA and State level disputes.

“Unaccompanied Youth” as defined by the provision of 42 U.S.C I I434a(6) includes a youth not in the company of a parent or guardian.

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