Sec. 13a.05.09.07. Dispute Resolution

A. Each local school system shall establish an expedited dispute resolution process to address disputes arising regarding services to homeless children under this chapter, including the following:

(1) Upon receipt of a written complaint from the parent, guardian, or an unaccompanied homeless youth, the principal shall resolve the complaint within 5 school days;

(2) Parents, guardians, or an unaccompanied homeless youth shall be provided with a written explanation of the school's decision of the dispute, including the right to appeal;

(3) If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the resolution, or if the principal does not issue a decision within 5 days, the parent may file a written complaint with the local superintendent;

(4) The local superintendent shall issue a decision within 10 school days;

(5) If the local superintendent does not issue a decision within 10 days, or if the parent is dissatisfied with the decision, the parent may appeal the decision to the local board, in writing, within 30 days, pursuant to Education Article, §4-205(c), Annotated Code of Maryland;

(6) The local board shall decide the appeal on an expedited basis within 45 days of receipt of the appeal; and

(7) If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the decision of the local board, the parent may appeal the decision to the State board, in writing, within 30 days, pursuant to COMAR 13A.01.01.03.

B. During the dispute resolution process, including any appeals, the student shall remain enrolled in the school system.

C. If a dispute arises over school selection or enrollment:

(1) The child or youth immediately shall be:

(a) Admitted to the school in which enrollment is sought, pending resolution of the dispute; and

(b) Provided transportation to the parent-selected school for the duration of the dispute resolution process;

(2) The parent, guardian, or unaccompanied homeless youth shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or youth to appeal the decision;

(3) The child, youth, parent, or guardian shall be referred to the local school system coordinator, who shall assist with carrying out the dispute resolution process under §A of this regulation, as expeditiously as possible after receiving notice of the dispute; and

(4) In the case of an unaccompanied homeless youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute.