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Dispute Resolution
A student must be allowed to attend the school whose district is challenging the student's right to attend until the Commissioner of Education or the Commissioner's designee makes a final decision regarding the dispute. The challenging school district must continue to provide transportation and other school services for the students until the dispute is resolved.
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The dispute resolution process begins at the time a school/district challenges the right of either a parent or guardian to enroll a child or to continue a child's enrollment in school, or in the case of an unaccompanied youth, the youth's right to enroll or to continue enrollment in school.
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When a school or school district challenges the enrollment of the child or unaccompanied youth, the school or school district must:
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Provide notice of the challenge to the district Homeless Education Liaison (Liaison) and the parent, guardian, or unaccompanied youth, through the Liaison, on the day of the challenge using a form prescribed by the MADOE (see Homeless Education Advisory 2003 - 7A: School District Notification of Enrollment Decision).
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Provide notice of the right to appeal the challenge to the parent, guardian, or unaccompanied youth, through the Liaison. This notice must include a form to be completed by the parent, guardian, or unaccompanied youth should he or she decide to appeal the school district's enrollment decision. (See Homeless Education Advisory 2003 - 7B: Appeal of School District's Enrollment Decision).
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Notify MADOE of the challenge on the day of the challenge and provide MADOE with copies of all notices given to the parent, guardian, or unaccompanied youth.
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