McKinney-Vento Compliance and
Lessons Learned from Litigation
Lisa Curtis, Staff Attorney
National Law Center on Homelessness & Poverty
Maura McInerney, Senior Staff Attorney, Education Law Center, PA
Road Map
• Lessons Learned from Litigation
• Resources to Help YOU Stay on the Right Side
of the Law
• Q&A with the Lawyers
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org
Common Subjects of
Litigation
• Failure to grant automatic enrollment while
dispute is being resolved
• Failure to provide transportation
• Failure to recognize and accommodate
unaccompanied youth
• Failure to accept appeals of enrollment decisions
(“You’re not homeless, so you’re not entitled to
appeal”)
• Collateral Damage – Denial of a FAPE;
Extracurricular Activities
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
Lampkin v. District of
Columbia
• Complaint alleged that DC Public Schools failed to:
• consider the best interests in making school placements;
• ensure transportation to schools;
• coordinate social services and public education; and
• ensure comparable services and school meals for students
• D.C. Circuit Court held that the McKinney-Vento created
“enforceable rights” (i.e. individual families could bring legal actions
against state agents for violating the Act)
• DCPS ordered to identify children experiencing homelessness
and refer them for all services required by the law, including
transportation, within 72 hours of a family’s application for
emergency shelter and provide tokens to all children who had to
travel more than 1.5 miles to school.
• Awarded $185,000 in attorney fees and costs
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
Collier v. Board of Education of Prince George’s
County and Bullock v. Board of Education of
Montgomery County
Suburban school districts bordering on Washington, DC.
•Collier concerned transportation, identification, school selection,
dispute resolution, and inter-agency matters.
•Bullock addressed rights of students in transitional housing;
“time limits” on homelessness & segregation.
•School districts agreed to settlements mandating broad reform
measures from accommodating children awaiting foster
placement, to publicizing the rights of homeless children, training
school personnel to implement new forms and guidelines to
identify and serve homeless children & provide timely
transportation.
• Attorneys fees: ranged from $195,000 to $300,000
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
National Law Center on
Homelessness & Poverty v. New
York State
• Case alleged systemic noncompliance by the state education
agency, state social services agency, 15 local educational
agencies, and county social services with state and federal
laws relating to the education of homeless children and youth.
• School districts settled their portion of the case early in the
proceedings; state and county social services moved to
dismiss the case on ground that McKinney-Vento was not
enforceable by parents; argument rejected by District Court.
• Ultimately, all parties settled and agreed to comply with
applicable state and federal laws relating to homeless
students.
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
Kaleuati v. Tonda
• Class action lawsuit against State of Hawaii in District Court
challenging McKinney-Vento Act violations & seeking to ensure that
homeless children have full, meaningful access to public education.
• Settlement agreement mandated: hiring, training & monitoring of
district liaisons; improving identification practices and outreach to
shelters and other providers; creating and distributing informational
materials; developing a system for monitoring and recordkeeping;
revising existing enrollment and release forms; reviewing and
revising relevant administrative rules to remove barriers to
attendance; consulting with parents and guardians; establishing a
school bus route to accommodate residents of homeless shelters
and beach parks; and improving dispute resolution procedures.
• DOE was responsible for attorneys’ fees and costs: $185,000
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
A.E. v. Carlynton & PDE
• Children slept in multiple school districts, rotating
weekly so that children slept in 6 different school
districts; Children denied enrollment in ALL
districts on ground that they did not “live” in any.
• Case settled, resulting in significant PA
guidance re highly mobile students:
• Children legally entitled to attend school
where they have a “substantial connection”
(e.g., daily living activities, day shelter, stay on
recurring basis.)
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
L.R. v. Steelton-Highspire
• Child resided with his grandmother and became
homeless due to fire in Jan. 2009. Child was
permitted to attend school until June but was
refused enrollment the following school year.
• Court granted emergency preliminary motion:
• ordered school of origin to educate child;
• immediate enrollment & pendency legally
required under the Act;
• dispute resolution process must be followed;
• Homelessness has no time limit
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
N.J. v. State of New York
Eastern District of New York
• Two children and single mother were forced out of their home by an
abusive landlord; “doubled-up” children slept on a sofa.
• District refused to recognize children as homeless.
• NYSED denied the family’s request for a stay pending the appeal.
• Family sought a TRO and preliminary injunction to stay in school.
• The Court granted the preliminary injunction, finding that NYSED’s
denial of a stay pending the appeal violates the McKinney Vento
Act, which requires that the child “shall immediately be admitted
to the school in which enrollment is sought, pending
resolution of the dispute.” 42 U.S.C.§11432(g)(3)(E)(i).
• The Court expressly held that the Act contemplates disputes about
the status of the child as “homeless.”
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
C.H. v. State of New York
Eastern District of New York
• Two children (one severely autistic) and single father
were forced out of their home by economic
circumstances; the family “doubled-up” with a family
member residing in a different school district.
• The school district attempted to exclude the children,
alleging that the family was not homeless.
• The family appealed to the NYSED; the Department of
Education denied the family’s request for a stay pending
the appeal.
• On the eve of the children’s expulsion, the family sought
a TRO and preliminary injunction from the EDNY.
• The Court granted a TRO, with a strong order. Family
ultimately withdrew appeal and settled in new district.
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
Pridget v. Baltimore City
District of Maryland
• Class action filed on behalf of multiple families denied
enrollment, timely transportation, mandatory uniforms,
fee waivers for school activities. Policies stigmatized
children and delayed attendance (7-10 days).
• District provided immediate relief to named plaintiffs;
• Established new administrative dispute resolution
process they might resolve claims;
• Court concluded “current” factual record did not support
assertion that claims were representative of other class
members but left the door open to revisit issue if new
facts emerge.
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
Allen and Shaw v. Hoover City Schools
• Filed in 2012 on behalf of former students who played
football for Hoover High
• Each claimed that adults, including their coaches, knew
they were homeless, yet the students were never
connected to a liaison or made aware of their rights.
• In fact, students were routinely required to provide proof
that they still lived in a hotel; suffered academically
• Depositions, motions practice - trial date set in 2014
• July 12, 2014 - Parties agreed to mediation. Results
of that mediation were not made public.
NCHE • www.serve.org/nche • NAEHCY • www.naehcy.org
N.C. v. Easton Area S. D.
• Preliminary injunction filed against both
state and Pennsylvania school district on
behalf of two students living in a camper
who were abruptly disenrolled from school
in December 2013.
• Students were previously recognized as
homeless – but district concluded that the
camper had become “permanent” home.
• Children immediately enrolled; Case
settled. New state guidance proposed.
NCHE • www.serve.org/nche • NAEHCY • www.naehcy.org • NLCHP • www.nlchp.org
Desegregation Order
• Student has the right to attend the school of
choice under McKinney-Vento even if
attending the school parent selects would
violate a school desegregation order.
• McKinney‐Vento Act trumps deseg order.
• If challenged, a school district can petition the
court to amend the desegregation order to
account for the McKinney‐Vento Act.
• U.S. Department of Education, Public School
Choice Draft Non‐Regulatory Guidance,
December 2002, Section G.
Project LEARN
• In 2011, DLA Piper and the Law Center partnered in
2011 to launch Project LEARN (Lawyers Education
Access Resource Network).
• More than 50 Project LEARN attorneys and paralegals
from 20 DLA Piper offices across the country trained to
provide resources, information and brief legal services to
school personnel, homeless students and parents, and
other advocates.
• Project LEARN volunteers also are litigating cases
where necessary to protect homeless students rights.
• Contact 202-638-2535 for assistance
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org • DLA Piper LLP (US) • www.dlapiper.com
Resources
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org • DLA Piper LLP (US) • www.dlapiper.com
Resources
National Association for the Education of Homeless Children and Youth http://www.naehcy.org
National Center on Homeless Education http://www.serve.org/nche
National Law Center on Homelessness & Poverty http://www.nlchp.org
National Network for Youthhttp://www.nn4youth.org
Horizons for Homeless Children http://www.horizonsforhomelesschildren.org
Education Law Center http://www.elc-pa.org/index.html
ELC-PA• www.elc-pa.org • NLCHP• www.nlchp.org •
Contact Information
Maura McInerney, Senior Staff Attorney,
Education Law Center
1315 Walnut Street
Philadelphia, PA 19107
215-238-6970 Ext. 316
mmcinerney@elc-pa.org
www.elc-pa.org/
Jeremy Rosen, Director of Advocacy
National Law Center on Homelessness &
Poverty
2000 M St., NW, Ste. 210
Washington, DC 20036
202.638.2535
jrosen@nlchp.org
www.nlchp.org