Legal Rights of Students Experiencing Homelessness. Definition of "Homeless Children and Youth". Those who who lack a fixed, regular and adequate nighttime residence, including: sharing the housing of other persons due to hardship
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
Those who who lack a fixed, regular and adequate nighttime residence, including:
sharing the housing of other persons due to hardship
living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations
living in emergency or transitional shelters
abandoned in hospitals or awaiting foster care placement
in a primary nighttime residence not designed for or ordinarily used as a regular sleeping accommodation for human beings
living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings
migratory children who live in any of the circumstances described above.
McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11434a(2) (A) and (B)
"Unaccompanied youth" includes a youth not in the physical custody of a parent or a guardian. 42 U.S.C. 11434a(6)
A homeless child must be allowed to enroll in (at least) one of the following three schools:
the school last attended;
the school attended when the child was last permanently housed; or
the school that non-homeless children who live in the same attendance area in which the homeless child or youth lives are eligible to attend.
Illinois Education for Homeless Children Act, Section 105 ILCS 45/1-10 and the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11432(g)(3)(A).
Immediate Enrollment means:
“attending classes and participating fully in school activities.” 42 U.S.C. 11434a(1)
Even without records normally needed for enrollment 42 U.S.C. 11432(g)(3)(C)(i)
Welcoming attitude – don’t “stigmatize” or segregate 42 U.S.C. 11432(g)(1)(J)(i) and 42 U.S.C. 11432(e)(3)
Immediate enrollment in free breakfast and lunch – categorical eligibility
Provide fee waivers, supplies, uniforms, community resources and information
Unaccompanied youth DO NOT need an adult to enroll 42 U.S.C. 11432(g)(3)(B)(iii)
The enrolling school must immediately contact thelast school to obtain academic and other records 42 U.S.C. 11432(g)(3)(C)(ii)
If immunizations are required, the school must give the student a referral 42 U.S.C. 11432(g)(3)(C)(iii)
Posters & brochures to be placed at: libraries, pantries, stores, churches, shelters, public aid offices, bus station, health clinics, school lobby, office 42 U.S.C. 11432(g)(6)(A)(v)
Free and low cost materials available through National Center for Homeless Education www.serve.org/nche, Chicago Coalition for the Homeless www.chicagohomeless.org, and Opening Doors www.homelessed.net
Notice of right to appeal: list of free and low cost legal help and advocacy 42 U.S.C. 11432(g)(3)(B)(ii) and (iii), 105 ILCS 45/1-25(c)
Available only to homeless students attending their previous school 42 U.S.C. 11432(g)(1)(J)(iii)
Extends to and from school and includes transportation for school-related activities continuously through the end of the academic year in which permanently housed
Districts must share the costs
In Chicago, fare cards for CTA provided for students (and parents if the student is in the 6th grade or under). School bus provided for younger students whose parents unable to transport on CTA
Broad mandate for district: to revise any policies which act as a barrier to these 42 U.S.C. 11431(2) and 11432(g)(1)(I)
Note that the requirement pertains not just to enrollment policies but also ATTENDANCE and SUCCESS
requires examination of:
Formal and informal policies
Standard practices including forms, schedules
When “dispute arises” the district must advise fully of rights, refer to ombudsperson and free or low cost legal advocate 42 U.S.C. 11432(g)(3)(E) and 105 ILCS 45/1-25(a) and (c)
Regional Superintendent of Schools appoints ombudsperson 105 ILCS 45/1-25(a)
School MUST immediately enroll and transport to the parent or youth’s choice of schools pending full resolution 105 ILCS 45/1-25(a)
Specific written statement as to why school disagrees with youth or family 105 ILCS 45/1-25(a)
Convene meeting in 5 days, if possible 105 ILCS 45/1-25(a)
“Fair and impartial” hearing 105 ILCS 45/1-25(a)
Residency hearing inappropriate
State Board of Education Policy sets out process, rights
Chicago Public Schools Homeless Education Program Office coordinates all programs and services for homeless students in CPS.
EVERY CPS School is required to have a homeless liaison.
Responsibility of the district and the McKinney-Vento Liaisons to:
Any Illinois student has the right to finish the school year in the same school, even if that child moves out of the district. 105 ILCS 5/10-20.12a
105 ILCS 5/10-20.12b(a)(2)
105 ILCS 5/10-20.12b
23 Ill. Adm. Code 1.245(b)(1)(A)-(J)
23 Ill. Adm. Code 1.245(b)(2)(A)-(E)
Schools MUST remove barriers to
Illinois law requires that minors between the ages of 7 and 17 attend school unless the student has graduated 105 ILCS 5/26-1
CPS- “Graduation Pathways”
Schools cannot exclude or segregate …or discriminate against any pupil on the basis of color, race, nationality, religion, sex, sexual orientation, ancestry, age, marital status, or physical or mental handicap or status of being homeless. 23 IL Admin. Code 1.240(b)
This includes Transgender youth
Can’t deny access to schools or programs to students who lack documentation of immigration status or legal presence in the U.S., or inquire about immigration status Plyler v. Doe, 457 U.S. 202 (1982)).
Proof of residency for a student shall not require proof of legal presence, such as a Social Security number. Permissible combinations of documents must be sufficiently variable to afford an opportunity for those who lack proof of legal presence or immigration status to meet requirements. 23 IL Admin. Code 1.240(b
23 IL Admin. Code 1.240
NOT a reason to ban students from attending school or participating in any type of program or activity.
**Also Protected from Discrimination**
Paula is a case manager at the Youth Futures Transitional Housing Program in Chicago. One of her clients, Peter, wants to enroll in school. Peter finished his sophomore year at Jones High School in Oak Park, but has not been to school in almost three years. Peter is now 19 years old.
Paula takes Peter to Williams High School (a CPS school). An administrator says Peter cannot enroll at Williams because he is too old and he would not be able to acquire the necessary credits to graduate before he turned 21.
Tim is the coordinator of drop in services at the Youth Center. One of his clients, Stacy (16 y.o.), is not currently attending school.
Stacy’s parents kicked her out of school last year and she is currently homeless. She stays with friends sometimes, but often has to sleep on CTA trains or park benches throughout the city.
Tim encourages Stacy to reenroll in school. He brings her to Johnson High School, the closest high school to the home of one of her friends to enroll her.
The registrar tells Tim that he cannot enroll Stacy because he is not her parent or guardian. The registrar also tells Tim that Stacy cannot attend Johnson because she is not living within the school’s attendance area.
1. What law/policies have been violated by the school?
2. What should Tim do?
Tim successfully enrolls Stacy at Johnson High School.