"In these days, it is doubtful that any child may reasonably be expected to succeed in life if ... denied the opportunity for an education."
- United States Supreme Court in Brown v. Board of Education (1954)
Whether a child lives in a shelter, "doubled-up" in other homes, on the street or in a car, s/he has the right to enroll, attend and succeed in school. The Law Project staff works every day to ensure educational rights for the 60,000 school-age children who are homeless in Illinois.
The federal McKinney-Vento Homeless Assistance Act and the Illinois Education for Homeless Children Act provides important rights for students without housing. For example, students who are homeless have the right to immediate enrollment in school, a right to remain stable in the same school even if they change their housing situation, and a right to transportation to allow them to attend the same school. These rights apply to all students who are homeless, whether they are in preschool or whether they are an unaccompanied youth living on their own, without the support of family or a guardian. For more information about the rights of homeless students click on the following link:
GOING TO SCHOOL: A Guide to the Educational Rights of Children and Youth Experiencing Homelessness
The Law Project represents families, children and youth without housing toensure their educational rights are protected. Whatever the issue maybe -- a school's refusal to enroll a child, forcing a student out ofschool, failure to provide transportation or fee waivers -- the LawProject works to ensure that every child is in school, every day. Weadvocate with school districts to resolve the issue, and in cases whereit is necessary, pursue dispute resolution hearings or court action.
We assisted students in the Chicago Public Schools (CPS) through our class action lawsuit Salazar v. Edwards, settled 10 years ago. It offers legal protections and services for homeless students, 12,525 of whom were identified by CPS in 2008-09. We also represented students and teens in 30 Chicago suburbs during 2009.
People experiencing homelessness should understand their legal rights and have the power to assert them. We reach out to families and youth throughout the Chicago metropolitan area by visiting shelters, attending community events, and sharing information at community venues. In 2009, the Law Project began working with JPMorgan Chase Bank, which offered a grant and bank volunteers to promote school enrollment in the Austin neighborhood on Chicago's West Side.
The Law Project also reaches out to other advocates, educators and shelter staff to train them about the law and provide information for further distribution. Through these trainings -- at least 15 each year -- we help reduce the extent of educational problems for homeless students. We conducted trainings in Chicago, the suburbs, and at select downstate and national conferences.
After a two-year effort, the Law Project successfully advocated for $3 million in statewide funding for homeless education. For the first time, the Illinois State Board of Education distributed grants to 24 school districts throughout Illinois to better serve homeless students in 2009. Due to the Illinois budget crisis, state funding of these grants was discontinued in the 2009-10 school year.
Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers
Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers
For more information about the state of educational rights for children experiencing homelessness, read "Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers," published by the American Bar Association ($14.95). A second revised edition was released in fall 2009.
A publication of the ABA Commission on Homelessness and Poverty, "Educating Children Without Housing" is co-authored by Law Project Director Laurene Heybach, and Barbara Duffield and Patricia Julianelle of the National Association for the Education of Homeless Children and Youth.
You can contact us for more information or help from the Law Project.
