a conversation with…
Courtney Wilson, Esquire
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Homeless Children and Ohio Schools
This month the Principal’s Office sheds some light on rules and issues related to homeless children who attend school in Ohio. The Editor of the Principal’s Office conducted the following interview with Courtney Wilson, Esquire, School Law Attorney and Compliance Officer for the Winton Woods School District.
Principal’s Office Editor: When I was a practicing principal we were bound by rules that required students registering for school to produce proof of their address with a utility bill or some state issued ID with proof of address. Is this still the law?
Attorney Wilson: The McKinney Vento Act is new federal legislation that allows homeless children to enroll in school with or without documentation. Kids who are living in shelters, have no permanent nighttime address, or are living with other families “doubled up” due to a crisis must not be denied enrollment. In addition, the law provides that homeless children have the right to attend the school of origin (school from which they came) or the receiving school where they happen to enroll. The receiving school must provide the transportation.
Principal’s Office: Why would districts be responsible for transporting?
Attorney Wilson: The receiving school or district has the responsibility for transportation. If the child finds himself or herself in a shelter across town from the school he or she has been attending, the cost to get him or her to school is borne by the district. The rationale is to promote continuity and to minimize the disruption in the life of the child.
Principal’s Office: What do you mean by “no permanent nighttime address”?
Attorney Wilson: For example, if they live in a hotel due to a crisis such as an eviction, their house burned down, they are victims of domestic violence, you must enroll them with or with out documentation. Waiting for records from the sending school such as a birth certificate, or waiting for a utility bill record can no longer hold up their enrollment.
Principal’s Office: Are there abuses of this law?
Attorney Wilson: This is a growing problem because “doubling up” is ambiguous. There are some abuses such as students wanting to go to a certain school or to a school in a certain district and they claim they are “doubled up” living with another family. Students can say they are “living with a cousin,” which implies or attests to being “homeless.” Some cases are hard to determine whether the situation is the result of a lifestyle or one of true homelessness. Another issue is the 18-year-old student living on his or her own such as an emancipated student whose parents have moved out of the district. The student might represent himself as homeless and say his parents kicked him out and he lives with a friend. Advocates would say he is "“homeless”; however, there are different rules for emancipated youth. The intent of the law is that the “doubling up” is created by a crisis. Sometimes it is difficult to draw the line, but the district is accountable for accurate coding.
Principal’s Office: What about immigrants?
Attorney Wilson: This is another evolving issue. Some families are doubled up illegally, but the student privacy act says you can’t report them or disclose personally identifiable information to the Immigration and Naturalization Service (INS). This is a looming issue with which many districts are now grappling. We strongly encourage families to get the proper documentation, but case law says you cannot punish students due to the illegal repercussions on their parents which might ensue from immigration prosecution. We will have to stay tuned as this becomes a more pervasive issue in the Midwest.
Principal’s Office: What other accommodations are made for children to attend school if they are homeless?
Attorney Wilson: There is a creative way to validate residency, so you won’t have to code a student as homeless. If there is a grandparent living in the school’s district the law provides for a caretaker/grandparent affidavit that recognizes the grandparents as the caretakers to house the students. This avoids parents having to give up custody to grandparents when they take the child in and avoids the problem of the school district having to code the student as homeless.
Principal’s Office: What advice do you have for principals as they attempt to attend to the law and meet the needs of all students?
Attorney Wilson: When in doubt seek school law counsel. You want to err on the side of enrolling students expeditiously. You want to be accurate in your coding in this era of accountability so that you do not make the district culpable. Provide training to secretaries and other office staff members about the rules and nuances of the law.
For more information you may contact Wilson.courtney@wintonwoods.org
