Education Law Center sues PA Dept. of Ed. and local school district for violating federal law
OCTOBER 6, 2009
The Education Law Center today filed a lawsuit in U.S. District Court for the Western District of Pennsylvania seeking to prevent the disenrollment of four children from Allegheny County’s Carlynton School District.
Joining the Education Law Center in this complaint is the National Law Center on Homelessness and Poverty.
“The economic crisis has forced some Pennsylvania families out of their homes, but it should not force children out of school,” said Education Law Center Attorney Nancy Hubley. “The law protects the rights of homeless children to attend public school.”
The four children became homeless in April when their father lost his job and the family was evicted from its home.
They are currently being served by the Interfaith Hospitality Network Shelter of South Hills, which is in the Carlynton School District. Carlynton School District officials seek to remove the children from school, claiming that the family does not actually live in the District.
Neither the District nor the Pennsylvania Department of Education — which recently issued an administrative decision in favor of Carlynton School District — has identified any local school that these children are entitled to attend.
According to the Education Law Center’s complaint the children are entitled to attend school in the Carlynton School District under the federal McKinney-Vento Act. The law states, “…children and youths who “lack a fixed, regular, and adequate nighttime residence” shall be considered homeless and entitled to the Act’s protections.
Homeless children face unique challenges to enrolling in school due to frequent and abrupt moves and the uncertainty of their living situation. The frequent instability can have a devastating impact on their education. Nationally, fewer than 25 percent of homeless students graduate high school, according to America’s Youngest Outcasts: State Report Card on Child Homelessness, a 2009 report from The National Center on Family Homelessness.
In Pennsylvania, more than 43,000 children were recognized as homeless – and more than 25,000 of those children are in grades K-12. The McKinney-Vento Homeless Education Assistance Act was first enacted in 1987 to address the needs of these children. It mandates that all children who are homeless are legally entitled to immediate enrollment in a new school wherever they are living and that they can continue attend that school for the duration of homelessness, or, if permanently housed, until the end of the academic year.
“Children who are homeless are at great risk for educational failure. It is critical that they are immediately enrolled in school and that their schooling is not disrupted,” said Ellen Bassuk, M.D., founder and president of The National Center on Family Homelessness. “School is an important source of stability for these children — a kind of “home” where they can connect with others, learn and be successful and continue to think about their future,” said Bassuk.
The Education Law Center is a non-profit legal advocacy and educational organization, dedicated to ensuring that all of Pennsylvania’s children have access to a quality public education.
Additional Resources:
National Association for the Education of Homeless Children and Youth http://www.naehcy.org/
Interfaith Hospitality Network “Family Promise”
http://www.familypromise.org/The Education Law Center ELC has recently published a new enrollment guide for families and shelter providers on how to enroll a child who is homeless. View the Guide and the accompanying video here.