Problem Chylde: Learning & Writing

Pamphlet I received from the Public Justice Center:

Education is the pathway to freedom.  –Frederick Douglass

The McKinney Act

In 1987 Congress passed a law called the McKinney Act to make sure homeless students get the education they need.  The law says that homeless students may either stay in their “home” school (even if it is in a neighboring school district) or tarnsfer to the school closest to the motel, shelter, or other address where they are staying temporarily.  Homeless students must be allowed to enroll in school immediately, even if they do not have school or medical records.  The law also says the school must comply with the parent’s choice of schools, and must provide free transportation.

Who Is Homeless?

Students living under the following conditions are considered homeless:

• Living with friends or relatives due to loss of housing, economic hardship or similar reason
• Living in motels, hotels, or trailer parks used to house homeless families
• Living in an emergency shelter or in transitional housing
• Living in cars, parks, public spaces, campgrounds, abandoned buildings, bus or train stations
• Foster children awaiting foster care placement

Federal law protects the right of homeless children to an education.

If you are the parent of a homeless child, she or he has the right to the following:

• Stay at the school they attended before becoming homeless or transfer to the school closest to the shelter or address where they are currently residing.  Parents have teh right to help decide which school is best for their child.  Your childe cannot be forced to change schools against their best interest, even if your temporary address is in a different school system.  If school officials tell you they disagree with you about which school it would be better for your child to attend, they must put their reasons in writing.  You can file an appeal.  Your child must be allowed to enroll in the school you choose during the appeal, and the school must also provide free transportation during the appeal period.
• Free transportation to their “home” school or to their new school.  Schools must give free transportation to the school which you decide is best for your child.  A school cannot refuse to do this.
• Enroll in school immediately without school or medical records.  A school cannot prevent a student from enrolling or attending because of missing or lost school records, medical records, or birth certificates.
• Participate in and receive transportation to special education services and after-school programs.  Students are entitled to participate in all school programs, including sports, clubs, special education, and after-school tutoring.  Homeless students must be provided with transportation for these activities if transportation is provided for other children at the school.
• Receive free breakfast and lunch at school.  Homeless children are automatically eligible to receive free breakfast (if it is served at your child’s school) and free lunch.  This service must begin immediately.

If you are a homeless parent, you can protect the rights of your child.

Immediately contact the principal at the school your child was attending before you became homeless and inform the principal that you are homeless.

Set up a meeting with the principal to decide if it would be best for your child to stay at their “home” school or to transfer to the school serving your temporary address.

Request that the school provide free transportation to the school which you decide is best for your child.

File a written appeal with the principal if your child is denied any of these rights.

If local school officials do not respond to your request for services for your child, you can seek assistance from the County or State. 

If you experience problems with local officials, you should:

• Explain your children’s education rights to the school staff, and if necessary write a letter to the principal.  Keep a copy of the letter.
• Explain your problem to the staff at your shelter, and ask for help.  [If applicable. --M]
• Contact the County/City Homeless Education Coordinator, explain your problem and your rights, and request that he or she contact the school to fix the problem. 
• Contact the State Homeless Education Coordinator, explain your problem and your rights, and request that he or she contact the school to fix the problem.

YOU MAY NEED TO BE PERSISTENT!