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| Home > Topics > Homeless Children > Educational Rights of Homeless Children by Mike O'Connor, Esq. |
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Hurricane Katrina has rendered more than 1 millions persons homeless, including well over 200,000 school age children (over 135,000 in Louisiana alone). As families leave the most devastated areas, they will disperse to friends’ and relatives’ homes across the country. Others may be truly homeless, or be placed in temporary housing at hotels, motels or military bases by FEMA. For children who have been traumatized by the loss of home, friends, and perhaps death or injury of family members, returning to school is not only important for educational purposes; attendance at a school becomes an oasis of normalcy for them. Although media reports have suggested that schools across the country are welcoming such children, some parents may encounter problems. The lack of identity papers, immunization documents, school records, and lack of proof of prior residency in the Gulf Coast area may cause some school districts to resist admitting children. The lack of an IEP or 504 Plan for children may also cause some delays in admission or provision of appropriate services. This memo briefly summarizes basic education rights of all “homeless” children, and also reviews rights of children with disabilities. Websites at the bottom of the memo offer more detailed information. McKinney-Vento Homeless Assistance Act The
McKinney-Vento Homeless Assistance Act requires that all school
districts make special accommodations to ensure access to school for
children whose families are “homeless.” A homeless child must be promptly enrolled, provided full access to classes, be afforded transportation if needed and cannot be discriminated against, or placed in a segregated school, based on their status. Some displaced families from areas other than New Orleans may end up in locations not far from their original residence, but outside the boundary of their home school. The McKinney Act expressly provides such children the option to attend their home school (if it is still operating). State education agencies (SEA’s) have responsibility to ensure compliance by local school districts, and each state has designated a coordinator of homeless education of children and youth. The coordinator’s office should be helpful in correcting any barriers or other problems that arise in local school districts. Problem Solving Strategies for Advocates Generally, the process of problem solving or advocacy should start with the principal and case manager in a school, then the school district administration, then the SEA coordinator, then U.S. Department of Education (see list of regional offices below). Advocates should also inquire about state and local policies and procedures, many of which are posted on agency web sites. For example, the Chicago Public Schools website has a 92 page manual setting out procedures for serving homeless children (Chicago Coalition for the Homeless) Recourse to more formal advocacy may also be necessary. Federal courts have ruled McKinney provisions to be enforceable under 42 U.S.C. §1983, and advocates have successfully enforced McKinney Act provisions in State courts. Also, it may be helpful to monitor the web sites of the Louisiana Department of Education which reports efforts to provide electronic data bases to schools to help with the enrollment of displaced children. Children with Disabilities Who Are Homeless Children with disabilities who are homeless were expressly recognized in the reauthorization of IDEA in P.L. 108-446. IDEA now incorporates the McKinney definition of homeless children. Child Find and Surrogate Parents Also, the Child Find obligations imposed on school districts to identify, evaluate and provide services to all children with disabilities, no matter how severe, has been expressly extended to homeless children. IDEA 2004 also requires that “unaccompanied youth,” (that is a homeless adolescent not accompanied by a parent or guardian) should have a surrogate parent appointed. Homeless Children Who Have No IEP There will most likely be unique challenges arising for children with disabilities who seek to enroll in a school, but lack an Individualized Education Plan (IEP) or any documentation of the nature of their disability. Moreover, many children, including those not previously eligible for special education services, will have such emotional scars from their experience that they will be in need of social work and/or psychological services, which the school should promptly identify and provide as needed. The burdens and costs of conducting adequate evaluations of children will be a strain for many school districts, and many children will be at risk of not receiving prompt evaluations and specialized services. School districts and state agencies may propose waivers of various requirements, which may be necessary in the short term. However, because many displaced children will likely remain in that status for an extended period of time, such waivers should not become the status quo and unreasonably deny children educational services in the long term. Unique Challenges of Displaced Children Some urban areas, especially those within 400 miles of New Orleans, will experience a large influx of displaced children, and will likely present unique challenges. If systemic problems are encountered, members of the Council of Parent Attorneys and Advocates (COPAA) should link up with legal aid programs, Protection and Advocacy agencies, and private law firms providing pro bono representation. COPAA will provide more information about these emerging networks of resources as they become available. More
Information Title VII-B of the
McKinney-Vento Homeless Assistance Act - Education for Homeless
Children and Youth Program - as amended by
the No Child Left Behind Act of 2001 U. S. Department
of Education Regional offices National Association for Education of Homeless Children & Youth - a national grassroots membership association, serves as the voice and the social conscience for the education of children and youth in homeless situations; connects educators, parents, advocates, researchers and service providers to ensure school enrollment and attendance for children and youth whose lives have been disrupted by the lack of safe, permanent and adequate housing. National
Center for Homeless Education (funded by U.S. Department of Education)
- provides research, resources, and information to address the educational
needs of children and youth experiencing homelessness. Homelessness and Students with Disabilities: Educational Rights and Challenges published by the National Association of State Directors of Special Education (Jan. 2004) National Coalition for the Homeless - Organization that focuses on four areas: housing justice, economic justice, health care justice, and civil and voting rights by grassroots organizing, public education, policy advocacy, technical assistance, and partnerships. Louisiana Department of Education - includes links to information for displaced children and teachers on first page of site. Texas
Homeless Education Office - includes information about enrollment
and services for services from hurricane disaster areas. Chicago
Coalition for the Homeless Legal
and Advocacy National Center on Homeless and
Poverty – The Law Center monitors and enforces compliance with
the McKinney-Vento Act, the federal law that provides a wide array
of educational rights to children and youth in homeless situations.
We provide technical assistance to attorneys, service providers, parents
and educators across the country to ensure that homeless children
gain access to public school. We also work to strengthen and enforce
national, state and local laws and policies that affect homeless children
and youth. State Protection and Advocacy
Agencies for Persons with Developmental Disabilities, Mental Illness
and the Client Assistance Program. The Protection
and Advocacy (P&A) System and Client Assistance Program (CAP)
comprise the nationwide network of congressionally mandated, legally
based disability rights agencies. The Federally Funded
Parent Training and Information Centers (PTIs) and Community Parent
Resource Centers (CPRCs) are located in each state to
provide training and information to parents of infants, toddlers,
children, and youth with disabilities and to professionals who work
with children.
Michael O'Connor Mike O'Connor is an attorney who represents children with disabilities and a member of the Council of Parent Attorneys and Advocates (COPAA) Michael
A. O'Connor, Esq.
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