Federal

Homeless Children Retain Right to Sue, Judge Rules

November 16, 2004 2 min read
  • Save to favorites
  • Print

Homeless children can still sue as individuals to enforce their educational rights under a 17-year-old law that is now part of the No Child Left Behind Act, a federal judge has ruled.

That decision came last month in a case filed by a group of homeless students and their families in Suffolk County, N.Y., against the state, various social-service agencies, and 10 Long Island school districts. They alleged that authorities had failed to locate homeless children, ensure that they were enrolled in school, and provide them with transportation.

The federal McKinney-Vento Act, first enacted in 1987 and reauthorized as part of the No Child Left Behind Act of 2001, provides federal money to states to help assure that homeless children have access to public education.

The defendants had argued that the homeless children and families had no right to sue, because previous court decisions had found that the NCLB law did not guarantee individuals specific rights.

But in his Oct. 23 opinion, U.S. District Judge Arthur D. Spatt of the Eastern District of New York, in Central Islip, ruled that even though the McKinney Act underwent a “general revision” when it was reauthorized and folded into the main federal K-12 education law, it still had the purpose of ensuring that homeless children and youths had access to public school programs.

In contrast with the No Child Left Behind Act, the judge wrote, “it is clear that Congress intended that the McKinney Act confer individually enforceable rights.”

The focus of the broader K-12 law, the opinion said, is on whether local education agencies maintain adequate yearly progress in student achievement. The McKinney Act, it said, focuses on how to ensure that each homeless child receives equal opportunities.

In addition, Judge Spatt wrote, the U.S. secretary of education can impose penalties for noncompliance under the NCLB law. The contrasting lack of an enforcement provision under the McKinney Act shows, he said, that it provides “mandatory entitlements” to homeless children by “clear and precise direction to state and local officials.”

Agreement Reached

The plaintiffs this month reached a settlement in the case, which was filed by the National Law Center on Homelessness and Poverty, based in Washington.

“Every step of the way, the system was failing the children—social services, transportation, school districts, and the state,” said Christopher J. Garvey, a lawyer who represented the plaintiffs. “Everyone was dropping the ball.”

Mr. Garvey said that concrete, measurable steps will be taken in order to ensure that homeless children stay in school, and that a federal judge will supervise to see that all parties involved are complying.

A version of this article appeared in the November 17, 2004 edition of Education Week as Homeless Children Retain Right to Sue, Judge Rules

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
AI in Schools: What 1,000 Districts Reveal About Readiness and Risk
Move beyond “ban vs. embrace” with real-world AI data and practical guidance for a balanced, responsible district policy.
Content provided by Securly
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
K-12 Lens 2026: What New Staffing Data Reveals About District Operations
Explore national survey findings and hear how districts are navigating staffing changes that affect daily operations, workload, and planning.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion The Trump Administration Has Mostly Dismantled the Ed. Dept. Should You Care?
Here’s how much the administration has really changed federal education policy.
7 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Ed. Dept. Quietly Ends an Honor for Schools’ Environmental Work
Applicants found out when the online portal for award submissions never opened.
5 min read
Secretary of Education Arne Duncan, center, arrives for a tree planting ceremony at the Department of Education to announce plans to create the Green Ribbon Schools competition which will "raise environmental literacy," inside and outside the classroom and reduce a school's environmental footprint, on April 26, 2011. A Texas oak tree was planted at the ceremony.
Then-Secretary of Education Arne Duncan, center, arrives for a tree-planting ceremony on April 26, 2011, at the U.S. Department of Education to announce plans to create the Green Ribbon Schools competition. The Trump administration ended the recognition—which honored schools for reducing their environmental impact and offering hands-on environmental education—last year.
Tom Williams/Roll Call via Getty Images
Federal The Ed. Dept. Is Sending 118 Programs to Other Agencies. See Where They're Going
The Trump administration is partnering with at least four other agencies as it tries to shutter the Education Department.
Illustration of office chairs moving into different spaces.
Laura Baker/Education Week + Getty
Federal Why K-12 Educators Are Alarmed About Proposed Student Loan Limits
They worry that the new loan limits could put a leak in the teacher and administrator pipeline.
4 min read
New graduates line up before the start of a college commencement at MetLife Stadium in East Rutherford, N.J, May 17, 2018. A proposed regulation could exclude education from a list of "professional" graduate degrees, limiting federal loans for students in the field.
New graduates line up before the start of a college commencement at MetLife Stadium in East Rutherford, N.J, May 17, 2018. A proposed regulation could exclude education from a list of "professional" graduate degrees, limiting federal loans for students in the field.
Seth Wenig/AP