reply to post by Stringycheeseman
Ok…so this hits close to home for me. I volunteer at a homeless shelter in my town, and I must say that a possible 20 year sentence and a $15,000
fine is absolutely insane! ARE THEY SERIOUS?!? Hello…this is a HOMELESS FAMILY!
So, I must admit (begrudgingly) that the woman is guilty of giving someone else’s address instead of the homeless shelter they “sometimes” stay
at. So what’s the difference? The address of the shelter they stayed at WAS IN THE SCHOOL DISTRICT ANYWAY…In my opinion, no harm no foul, the kid
would have went to that school anyway had the mother given the “correct” address of record. The judge hearing this case should use a bit of common
sense when ruling on this case, as well as have a look at this law, which is designed to protect homeless families…
The law is called McKinney-Vento Eligible Children and Youths. In short it states:
“The following is the policy of the Congress:
(1) Each State educational agency shall ensure that each child of a homeless
individual and each homeless youth has equal access to the same free,
appropriate public education, including a public preschool education, as provided
to other children and youths.
(2) In any State that has a compulsory residency requirement as a component of
the State's compulsory school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the enrollment, attendance, or
success in school of homeless children and youths, the State will review and
undertake steps to revise such laws, regulations, practices, or policies to ensure
that homeless children and youths are afforded the same free, appropriate public
education as provided to other children and youths.
(3) Homelessness alone is not sufficient reason to separate students from the
mainstream school environment.
(4) Homeless children and youths should have access to the education and other
services that such children and youths need to ensure that such children and
youths have an opportunity to meet the same challenging State student academic
achievement standards to which all students are held.
(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS-
(A) IN GENERAL- The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's
(i) continue the child's or youth's education in the school of origin for the duration of homelessness--
(I) in any case in which a family becomes homeless between academic years or during an academic year; or
(II) for the remainder of the academic year, if the child
or youth becomes permanently housed during an academic year; or
(ii) enroll the child or youth in any public school that non homeless students who live in the attendance area in which the child or youth is actually
living are eligible to attend.
selection or enrollment in a school--
(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute.
As I said…the judge will need to use their common sense here. Isn’t it possible that this woman was un-informed of the law, due to the fact that
she is homeless and has limited access to law books, internet and possibly even a decent library? Yes. I know libraries are free, but transportation
to said library is not.
Gimme a break here, this is just plain ridiculous! I hardly think this woman was worried about getting her child into a “better” school. For some
homeless families, getting their children in ANY school is the object….
Link for:McKinney-Vento Eligible Children and Youths
I just had to add that it is a possibility that the woman gave a regular residential address rather than a homeless shelter because she was ignorant
of the McKinney-Vento law and thought that maybe being on record as "homeless" would cause un-due discrimination against her child in said school?
Just a thought...
edit on 4/23/11 by Juggalette because: ETA