Legal Rights of Students Experiencing Homelessness

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Legal Rights of Students Experiencing
Homelessness

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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
• 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)

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Definition of Homelessness

• Very broad to facilitate educational stability.
• Look at where the youth actually lives or sleeps-
  this can be a number of places.
• Affirmative duty of schools to sensitively
  identify these situations. 42 U.S.C.
  11432(g)(6)(A)(i)

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Choice of Schools

• 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).

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School Choice Enrollment

• Immediate Enrollment means
• attending classes and participating fully in
  school activities. 42 U.S.C. 11434a(1)
• NOW!
• Even without records normally needed for
  enrollment 42 U.S.C. 11432(g)(3)(C)(i)
• Welcoming attitude dont 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)

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Notice to Youth, Families and Community

• 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)

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Transportation Services

• 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

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Enrollment, Attendance Success

• 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

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Enrollment Disputes

• 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 youths 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

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Liaisons for the Education of Homeless Students

• Every school district must have liaison with
  responsibility to ensure McKinney-Vento
  implementation
• Facilitate transportation arrangements
• Be aware of resources for homeless and indigent
  children and youth in the area, region and state.
  
• Ensure outreach homeless children and youth NOT
  in school are found and enrolled.
• Ensure students receive all services- free lunch,
  fee waivers, Head Start, Even Start, etc.
• Assist youth and families with the resolution of
  disputes and ensures that the district follows
  process.
• Act as an ADVOCATE for homeless students

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Chicago Public Schools

• Chicago Public Schools Homeless Education Program
  Office coordinates all programs and services for
  homeless students in CPS.
• Pat Rivera [phone]
• EVERY CPS School is required to have a homeless
  liaison.

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Serving Homeless Preschoolers

• Responsibility of the district and the
  McKinney-Vento Liaisons to
• Provide outreach in the community to homeless
  families with preschool age children
• Identify and immediately enroll homeless
  preschool-age children without records or
  prescreening
• Ensure that homeless children have equal access
  to ISBE-funded preschools
• Homeless children are a priority

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Residency Issues

• Residency provisions of the Illinois School Code
  are subject to the Illinois Education for
  Homeless Children Act 105 ILCS 5/10-20.12b(g)
• Sometimes children/youth can be entitled to
  attend the district BOTH as a homeless student
  AND as a resident.
• Residency materials (forms, websites) should
  acknowledge the rights of homeless students.

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Residency Continued

• 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

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Residency NOs

• NO requirement for a court order of guardianship
• NO requirement about a set number of days, weeks
  or months a child must live in the district
• NO 24-7 requirement.
• 105 ILCS 5/10-20.12b(a)(2)

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More on Residency

• A school district CANNOT require one particular
  form of proof of residency 23 Ill Admin. Code
  1.240(b)
• Example School districts should not require a
  drivers license as must have proof.
• This is especially important for undocumented
  students
• No student can validly enroll in school if he/she
  lives within a district solely for the purpose of
  accessing the schools of the district. 105 ILCS
  5/10-20.12b(a)

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Legal Custody

• Residence of a person who has legal custody of a
  pupil is deemed to be residence of the pupil
• Illinois school code defines legal custody
  broadly
• Includes parents with whom pupil resides
  court-ordered short-term guardianship adult
  caretaker relative
• Also includes custody exercised by an adult who
  has assumed legal responsibility for the pupil
  and provides the pupil with a regular, fixed,
  nighttime abode (ISBE Affidavit)
• 105 ILCS 5/10-20.12b

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Waiver of School Fees

• School fees can be a significant expense that
  unaccompanied youth cannot afford.
• Illinois School Code requires schools to waive
  school fees for students who cannot afford them
  including, but not limited to students eligible
  for free lunch 105 ILCS 5/10-20.13(b)

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Fees that MUST be Waived

• Charges for textbooks, instructional materials
• Deposits for use of school property
• Field trips during or after school hours
• Uniforms or equipment for sports or fine arts
• Extracurricular activities
• Drivers Ed
• Graduation Fees
• 23 Ill. Adm. Code 1.245(b)(1)(A)-(J)

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Fees that are NOT required to be waived

• Ordinary school supplies
• Library fines or charges for damage to school
  property
• Class rings, yearbooks, pictures
• Optional travel by groups of students outside
  school hours
• Admission to dances or sporting fees
• 23 Ill. Adm. Code 1.245(b)(2)(A)-(E)

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REMEMBER

• Schools MUST remove barriers to
• ENROLLMENT
• ATTENDANCE
• and
• SUCCESS

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Attendance

• Illinois law requires that minors between the
  ages of 7 and 17 attend school unless the student
  has graduated 105 ILCS 5/26-1

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Right to Reenroll in School

• Entitled to reenroll in school anytime before
  turning 21 years old.
• Can enroll in traditional or alternative schools
• A youth 19 years of age or older CANNOT be denied
  reenrollment because of age or lack of credits
  UNLESS the district first provides due process
  (i.e. a hearing). 105 ILCS 5/26-2(b)
• If denied reenrollment, must give counseling and
  information on alternative education programs.
  105 ILCS 5/26-2(b)

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Alternative Education Programs

• CPS- Graduation Pathways
• Achievement Academies
• CPS Virtual High School
• Evening High School
• Smaller Learning Communities
• Early Interventions (for 9th graders)
• Freshman Connection
• Youth Connection Charter School Programs
• Hotline [phone]
• Reenrollment facilitators

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Youth Connection Charter Schools

• 23 campuses
• Serve youth 17 or older who have previously
  dropped out of school
• Limited number of spots- will make room for
  homeless students
• Part of the Alternative School Network
• Smaller adult to student ratio
• CPS Schools
• Will receive a YCCS diploma

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Dual Enrollment Programs

• Part of the CPS Youth Connection Charter School
  Program
• Available at Truman Middle College or
  Olive-Harvey Middle College

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Credit Recovery

• Part of Enrollment, Attendance and Success
• Options (varies with school district)
• Online Courses
• Ex Illinois Virtual High School Online
• Evening or Saturday Courses
• Offered at many CPS High Schools
• Correspondence Courses
• Ex American School, Indiana University
• Summer School

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Equal Access to School

• Discrimination
• 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
• Immigration Status
• Cant 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

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Equal Access Continued

• 23 IL Admin. Code 1.240
• No school district shall impose requirements for
  enrollment more restrictive than those
  established under relevant Illinois and federal
  law. For example, no school system shall require
  court-ordered guardianship when an individual
  enrolling a student meets the legal custody
  requirements of Section 10-20.12b(a)(2)(iv) or
  (v) of the School Code 105 ILCS
  5/10-20.12b(a)(2)(iv) or (v), and each school
  system shall immediately enroll and serve
  homeless children without requiring the provision
  of any documentation, in accordance with the
  Illinois Education for Homeless Children Act 105
  ILCS 45 and the McKinney-Vento Homeless
  Education Assistance Act 42 USC 11434.

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Pregnant and Parenting Students

• NOT a reason to ban students from
  attending school or participating in any type
  of program or activity.
• Treated as a temporary disability
• Must offer home instruction, correspondence
  courses or other alternatives, if necessary
• Services available for up to three months
  following the birth or miscarriage
• Also Protected from Discrimination

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Problem 1

• 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.
• What are Peters options for attending school?
• What should the school/school district offer
  Peter?

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Problem 1 Continued

• 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.
• What should Peter and Paula do?

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Problem 2

• 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.
• Stacys 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 schools attendance area.
• 1. What law/policies have been violated by the
  school?
• 2. What should Tim do?

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Problem 2 Continued

• Tim successfully enrolls Stacy at Johnson High
  School.
• What services should the school/district provide
  Stacy as a homeless student?
• What if she is pregnant?
• How should the district treat Stacy if she is
  transgender?

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• Questions?