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29 Clearinghouse Rev. 754 (1995-1996)
Education of Homeless Children: Barriers, Remedies, and Litigation Strategies

handle is hein.journals/clear29 and id is 780 raw text is: Education of Homeless Children: Barriers, Remedies, and Litigation Strategies by Greg Ernst and Maria Foscarinis I. Introduction Homeless children face major barriers to their education. Federal law provides funds and requires state and local edu- cational agencies to address and remove he Department of Education estimates that 23 percent of homeless children were not attending school in 1993. those barriers. However, implementa- tion has been uneven, and litigation may be a useful enforcement strategy. This article reviews barriers to education that homeless children face, federal law ad- dressing those barriers, litigation to en- force that law, and strategies to consider in advocating on behalf of homeless children. II. Homeless Children and Barriers to Their Education Children now account for about 26 per- cent of the homeless population.' Most are members of homeless families;2 a smaller number are unaccompanied.3 Homeless children live in emergency and transitional shelters, battered women's shelters, runaway youth shel- ters, abandoned buildings, cars, and on the streets; many are involuntarily dou- bled up with friends and relatives.4 Ac- cording to the most recent estimate by the Department of Education, nationally more than 750,000 school-age children are homeless.5 Homeless children face multiple barri- ers to their education. Residency require- ments may prevent a homeless child from continuing at the child's original school, while also barring the child from enrolling in a new school. Children who transfer to a new school may experience further insta- bility and disruption to their education. Difficulty in transferring school records may delay enrollment. Guardianship re- quirements may prevent friends, relatives, shelter operators, and other temporary caretakers from enrolling a child in school. Lack of transportation may be a major barrier, particularly for a child continuing at the original school.6 Greg Ernst is a staff attorney at, and Maria Foscarinis is executive director of, the National Law Center on Homelessness & Poverty, 918 F. St. NW, Washington, DC 20004; (202) 638-2535. 1 UNITED STATES CONFERENCE OF MAYORS, A STATUS REPORT ON HUNGER AND HOMELESSNESS IN AMERICA'S CITIES: 1994 at 32 (Dec. 1994). 2 Ellen L. Bassuk, Homeless Families, 265 ScI. AM. 66 (1991). 3 U.S. CONFERENCE OF MAYORS, supra note 1, at 31-32. 4 U.S. DEPARTMENT OF EDUCATION, REPORT TO CONGRESS, EDUCATION FOR HOMELESS CHILDREN AND YOUTH PROGRAM 4 (July 1995); Bassuk, supra note 2, at 66. 5U.S. DEPARTMENT OF EDUCATION, supra note 4, at 2. Estimates vary. E.g., compare id. with CHILDREN'S DEFENSE FUND, HOMELESS FAMILIES: FAILED POLICIES AND YOUNG VICTIMS (1991). 6U.S. DEPARTMENT OF EDUCATION, supra note 4, at 3. CLEARINGHOUSE REVIEW I NOVEMBER-DECEMBER 1995 754

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