Legal Rights to Education of Homeless Childrenand Youth

Educational Policy and Reform for Homeless Students

“…During the mid-and late 1980s, the parents frequently challenged the residency barrier through litigation. In such cases as Richards v. Board of Education in the Union Free School District in 1985, Mason v. Board of Education in the Freeport Union School District in 1987, and Delgado v. Freeport Public School District in 1988, homeless mothers fought for school admittance for their children (Helm, 1993;Stronge, 1993b). In the Richards, Mason, and Delgado cases, mothers were fighting for their children to be readmitted to the school attended prior to becoming homeless.…”

“…In the Mason case, the court did not side with the mother of four children. The court determined that where the student lives currently (in this case, the children were in shelters) is where the children should be sent to school and not at the previous school district (Helm, 1993). Similarly, the Delgado case was not deemed justified because it was felt that Ms. Delgado did not have a connection to her previous community (Helm, 1993).…”

A long road ahead: A progress report on educating homeless children and youth in america

“…Comprehensive Evaluations of Efforts. On a general evaluative level, Helm (1993) found that the effectiveness of the McKinney Act during its early years was diminished by four key factors: a) a narrow legislative focus with the Act addressing only issues of access to school and not success in school, b) inadequate funding, c) noncompliance of state and federal agencies, and d) weak provisions within the Act for purposes of enforcement. Recognizing the need for systematic collection of evaluative information regarding the efficacy of the McKinney Act, the U. S. Department of Education commissioned an evaluation of state and local efforts to serve homeless students (Anderson et al, 1995).…”

“…However, the key revision in the legislation was to expand Congressional policy to require states to review and undertake steps to revise "other laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and homeless youth" [Section 72 1 (2)] (emphasis added). Thus, Congressional intent expanded from access to success in school (Helm, 1993;Stronge, 1993a).…”

Improving Educational Opportunities for Students With Disabilities Who Are Homeless

“…Funding appropriated to implement McKinney in 1987-88 ($4.6 and $4.8 million, respectively) amounted to less than ten dollars per year for every student who is homeless in America (National Association of State Coordinators for the Education of Homeless Children and Youth 1990). While funds were increased to $7.2 million in 1990, financial support for the act is far from adequate and is likely being spent for services already being provided and funded through other programs (Helm 1993). Follow-up studies (First and Cooper 1991;Friedman and Christiansen 1990) have shown that significant numbers of students without homes are still excluded from school on the basis of residency and guardian requirements, although the law clearly calls for removal of these barriers.…”