Tuesday, December 17, 2013

Homeless Students Living in Campground Outside of School District Can Stay Put Pending Lawsuit's Outcome

The Easton, Pennsylvania school district takes residency requirements very seriously. On December 9, the Easton school district controversially disenrolled two homeless students because the camper they were living in was at a campground just outside of the district. Yesterday, the U.S. District Court for the Eastern District of Pennsylvania ordered that the children be re-enrolled while the court decides if the Easton Area School District violated federal law. The students were attending the eighth and twelfth grades in Easton schools when their family lost its home due to foreclosure. Their parents, with the assistance of the Education Law Center of Pennsylvania, filed suit last December 10 challenging the legality of the school district’s decision under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001.  42 U.S.C. § § 11431-11435 (2002). (I have not yet seen the pleadings in this case, so I am relying on media reports of the complaint’s allegations.) The McKinney-Vento Act mandates that children who become homeless are entitled to a free public education in the district where they are living for the duration of the school year. The Act defines homeless children as “individuals who lack a fixed, regular, and adequate nighttime residence ... and includes—(i) … children and youths who are are living… camp grounds due to a lack of alternative adequate accommodations.” Responding to media questions about the move, Easton Schools Solicitor John Freund wrote in an email that the district had “made a studied determination that this family, living outside the boundaries of the district, no longer qualified as homeless for the purpose of free public education in Easton.” The school district vigilantly tracks and disenrolls students that it calls “illegals.” In 2011, the district hired two investigators to follow students and their parents around to track out-of-district students. The district found and disenrolled a dozen students in that effort and had parents prosecuted for lying about their residences. Read more about the campground case here.

http://lawprofessors.typepad.com/education_law/2013/12/homeless-students-living-in-campground-outside-of-school-district-can-stay-put-pending-lawsuits-outc.html

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