Policy Code: JECBA-R

Adoption Date: Tuesday, October 24th, 2006

Review Date: Tuesday, September 28th, 2010


While a dispute regarding a child or youth’s homeless status or right to service is being resolved, the child(ren) in question must be enrolled in school and transportation provided, if necessary. Enrolled is defined as attending classes and participating fully in school activities. If the dispute is concerning the school of best interest, the child must be enrolled in the school of residence (where the child is sleeping at night) unless arrangements are already implemented to allow the child to attend the school of origin.

If a dispute regarding a homeless child’s educational rights occurs, every effort will be made to resolve the complaint or dispute at the local level before it is brought to the Utah State Office of Education.

It is the responsibility of the personnel in the school or district of residence to inform the complainant of the Complaint Resolution Procedures:

  1. If a question concerning the education of homeless child/youth arises, the first person to be contacted in the school district is the Homeless Liaison.

  2. The Homeless Liaison must refer the family to sources of free or low-cost legal and advocacy services. The parent/guardian may bring an advocate to the meeting.

  3. The complaint will be discussed with the Liaison. If the Liaison believes the complaint is justified, the complainant shall present it in writing and discuss it again with the Liaison.

  4. Include in the complaint:

    a. A description of the complaint

    b. The name(s) and age(s) of the child(ren) involved

    c. The name(s) of involved school district personnel and the district they represent

    d. A description of attempts that were made to solve the issue at the local level

  5. The Homeless Liaison will present a proposed resolution or plan of action to the complainant and the district superintendent within five working days from the date of the written complaint.

  6. If the complaint is not resolved at this level within five working days, it may be taken to the district superintendent. In addition to presenting the written complaint the complainant may ask for an appointment to see the superintendent to discuss the complaint. Within five working days of the meeting, the superintendent shall provide the complainant with a written resolution.

  7. If the complaint is not resolved in a satisfactory manner at the local level, the complaint may be brought to the State Office of Education. Complaints made under this process must be made in writing and signed by the complainant. The Local Homeless Liaison shall assist the complainant in compiling necessary documentation. Include all written correspondence and address the complaint to:

    State Homeless Coordinator

    Utah State Office of Education

    250 East 200 South

    PO Box 144200

    Salt Lake City UT 84114-4200

  8. The State Homeless Coordinator will inform the involved school district(s) of the complaint. The Coordinator will gather needed information from statements of the parties involved and may conduct an independent investigation through an on-site visit if necessary.

  9. Within thirty days after receiving a complaint, the Coordinator with the Director of Education Equity and Director of the Section for School Law will resolve the complaint and inform interested parties, in writing of the decision. All efforts will be made to resolve the complaint in the shortest time possible.

  10. If the complainant disagrees with the decision, the complainant shall be advised of his/her option to file a complaint with the Office of Civil Rights.