Educational Rights of Children and Youth Experiencing Homelessness

"In these days, it is doubtful that any child may reasonably be expected to succeed in life if ... denied the opportunity for an education."

- United States Supreme Court opinion in Brown v. Board of Education (1954)

Educational Rights



Whether they live in a shelter, "doubled-up" in other homes, on the street or in a car, all children have the right to enroll, attend and succeed in school. The Law Project staff works every day to make educational rights a reality for the estimated 60,000 school-age children who are homeless in Illinois.  The federal McKinney-Vento Homeless Assistance Act and the Illinois Education for Homeless Children Act provides important rights for students without housing. For example, students who are homeless have the right to immediate enrollment in school, a right to remain stable in the same school even if they change their housing situation, a right to transportation to allow them to attend the same school.  These rights apply to all students who are homeless, whether they are in preschool or whether they are older youth living without a parent or guardian.  For more information about the rights of homeless students click on the following link:

GOING TO SCHOOL: A Guide to the Educational Rights of Children and Youth Experiencing Homelessness

The Law Project represents families, children and youth without housing to ensure their educational rights are protected.  Whatever the issue may be – refusal of a school to enroll a child, forcing a student out of school, failure to provide transportation or fee waivers – the Law Project assists to be sure that every homeless child is attending school every school day.  We advocate with school districts to try to resolve the issue and, in cases where it is necessary, pursue dispute resolution processes or court action.  We have assisted students in Chicago through our class action lawsuit, Salazar v. Edwards, which offers protection to the over 10,000 homeless students identified by the Chicago Public Schools.  We have also represented families in many suburban communities.

We believe that people experiencing homelessness should understand their legal rights and have the power to assert them. We reach out to families and youth throughout the Chicago metropolitan area by visiting shelters, attending community events and sharing information at a variety of community venues.

The Law Project also reaches out to educators and shelter staff to train them about the law and provide information that can be posted or distributed at shelter sites. Through this training, we hope we can help prevent educational problems for homeless children and youth.  We have conducted trainings in Chicago, the suburbs and statewide.

The Law Project successfully advocated for $3 million in statewide funding for homeless education.  For the first time ever, the Illinois State Board of Education will be distributing state funding to school districts throughout Illinois to better serve students who are homeless in 2009. 

You can read more about the Law Project or to contact us for more information.

Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers

education children without housing

For more information about the state of educational rights for children experiencing homelessness, check out "Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers," which is available through the American Bar Association ($14.95).

A publication of the American Bar Association Commission on Homelessness and Poverty, "Educating Children Without Housing" is coauthored by Laurene Heybach, director of the Law Project of CCH, with Barbara Duffield and Patricia Julianelle of the National Association for the Education of Homeless Children and Youth.

It is an excellent resource for a broad audience of professionals. Purchase a copy today.