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3. The FPD shall engage with the Mississippi Department of Education’s (MDE) ESSA State
Equitable Services Ombudsman and ESSA title program specialists to assist with the equitable
services concerns.

4. The FPD and private school officials shall resume consultation and will attempt to resolve the
matter.

5. If the private school official is not satisfied with the action taken or the explanation given by the
FPD, the private school official may escalate the complaint directly to MDE.

Complaints to MDE
Private school officials have the right to file a complaint with the MDE if they feel that HCSD officials
have not complied with legal requirements. The complaint may assert that:
• HCSD did not engage in consultation that was meaningful and timely
• HCSD did not give due consideration to the views of the private school official
• HCSD did not make a decision that treats the private school students equitably as required by law

Additionally, the private school may appeal to the MDE if there is a dispute involving the poverty data on
private school students. Private school officials must inform the MDE with the basis of HCSD’s non-
compliance, and upon response from the MDE, forward the appropriate documentation.

Sources:

Chapter 80 – Rule 80.4 Every Student Succeeds Act: Equitable Services Dispute Resolution Policy Cite
as: Miss. Admin. Code 7-3:80.4, State Board Policy Chapter 80, Rule 80.4.

• ESSA § 1117 [20 U.S.C. 6320 (Rev. 2017)] (a)(3)(B) and
o § 8501 [20 U.S.C. 7881 (Rev. 2017)] (a)(3)(B)
• ESSA § 1117 [20 U.S.C. 6320 (Rev. 2017)] (b)(6) and
o § 8501 [20 U.S.C. 7881 (Rev. 2017)] (c)(6)
• 34 C.F.R. § 76.671(b)(3)(ii) et seq. (Rev. 2017)
• 34 C.F.R. § 76.674(a)(2)(ii) (Rev. 2017)
• ESSA § 8503 [20 U.S.C. 7883] (b) (Rev. 2017)
• Miss. Code Ann. § 37-3-11(c) (Rev. 2017)
• Miss. Code Ann. § 37-1-3 (Rev. 2017)

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