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Law Services News -March/April, 2004

Class Action Filed: Get Homeless Kids to School!

The issue of homeless children missing school is one that Law Services has been monitoring carefully in Suffolk County over the past year. We have reported on this problem repeatedly in past newsletters and have continued to hear about frequent violations of the federal McKinney Act which contains strong, definitive language regarding the education rights of homeless children, specifically their right to an uninterrupted education and transportation to school.

On February 20, 2004 a class action suit was filed in U.S. District Court claiming that hundreds of homeless children were missing school in Suffolk due to the school districts’ or Suffolk DSS’ failure to enroll the children or provide transportation to enable them to attend. The case was brought on a pro bono basis by Goodwin Procter, a law firm based in Manhattan, and the Long Island Advocacy Center in Hauppauge, which has a long history of fighting for the rights of students. The National Center on Homelessness and Poverty is a named plaintiff and is lending their support and expertise on this case as well. Named as the defendants in the lawsuit are the NYS Education Department, 13 school districts, and the Suffolk Department of Social Services.

As has been our experience at Law Services, the lawsuit alleges that many children who reside in shelters/motels or who are doubled up living with friends or relatives face all kinds of barriers to an uninterrupted education. Sometimes the repeated moves by DSS from shelter to shelter require that new bus routes be set up resulting in delays and cumulative absences from school. Sometimes the school districts themselves refuse to bus the child (in a case where DSS has not been involved in the placement) or to even permit the child to enroll in school.

The estimated 1400 homeless children in Suffolk who are potentially affected by the defendants’ failure to comply with federal law are the true victims in these cases. The social and monetary costs of homelessness are apparent to most of us but we expect that at least the constitutional rights and federal laws which specifically address the education of homeless children would protect these children from further harm. We applaud the efforts of Goodwin Procter, LI Advocacy Center, and the National Center on Homelessness and Poverty. No homeless child should miss a single day of school. If you are aware of homeless children who are missing school call us at 631 232-2400.

BE A FRIEND! Inside This Issue Message from Jeffrey Seigel, Executive Director Law Services Wins a $31,000 Overpayment Waiver for Elderly Client Class Action Filed: Get Homeless Kids to School! Automatic Food Stamps for SSI Live-Alone Recipients New Regulations Mean Big Changes for Your Clients on Public Assistance New Plan to Fight Homelessness 2003 Donors. Many Thanks to Our Friends! Beware All SSI Recipients With Saving Bonds We Can't Thank You Enough Good News - Charity Care is Available at all Long Island Hospitals Volunteer Attorneys Recognized for Their Work SPRING 2004 TRAINING SCHEDULE