Dear Secretary Spellings:
I write to you to support states and school districts in implementing the education provisions of the McKinney-Vento Homeless Assistance Act - and to make clear that jurisdictions are not excused from complying with federal law protecting homeless children.
In the wake of Hurricane Katrina, the National Law Center on Homelessness & Poverty has been responding to many urgent requests from state and local jurisdictions for help in implementing the education provisions of the McKinney-Vento Homeless Assistance Act. We are encouraged by numerous accounts of states and districts, including those from the most affected areas, which are effectively and appropriately implementing the law. We are extremely troubled by reports that you have promised not to enforce the law and that you are requesting that Congress suspend its provisions.
The McKinney-Vento education provisions are more important now than ever. In fact, as families sought refuge in many states throughout the nation, including those as far north as Maine and as far west as California, McKinney-Vento ensured that there were state and district-level staff prepared to respond to the needs of homeless students. Given their experience, homeless education personnel were prepared for such legally required activities as: 1) enrolling displaced children even if they did not have typically required documents such as proof of residency, birth certificates, or academic records, and 2) integrating students into established educational environments. Such activities ensured that children did not miss school unnecessarily.
Recognizing the importance of the McKinney-Vento Act and the significant needs of students, states and districts acted quickly to serve young evacuees. Texas was by far the most welcoming state. The city of Houston, which is the most affected area of the State, was able to enroll evacuees immediately and integrate them into schools throughout the area. The State was able to avoid the perceived need for delayed enrollments and shelter classrooms. Thus, Texas and Houston definitely serve as models for all other states and districts, all of which are serving far fewer evacuees.
Additional models can be found in other states that had smaller yet significant shelters -- those areas are finding that families are able to move into improved accommodations away from central areas, easing any perceived problems with school enrollments and overcrowding in schools near shelters. For instance, the state of Utah, which initially welcomed 1,000 evacuees into a central shelter, has noted that after a few days, fewer than 20 children still remain there.
Policies established under McKinney-Vento allow students to regain a sense of normalcy by attending regular schools with non-homeless children, providing a daily respite from crowded shelters accompanied by constant reminders of the tragedy they have suffered. These young people have been able to learn in real classrooms with books, supplies, and opportunities for recess and sports activities on playgrounds and fields. Waiving these provisions and consigning these children to separateand unequalclassrooms would be terribly inappropriate and may raise legal concerns.
The McKinney-Vento education program is desperately needed and it is working for the thousands of students Katrina has displaced. McKinney-Vento ensures their ability to enroll in school, maintain school stability, and minimize psychological burdens, such as being singled out as different and segregated into a special school. Instead of waiving or suspending its provisions, I urge you to seek increased funding for it and step up your departments monitoring and implementation efforts.
I ask for the opportunity to meet with you to discuss these issues in more detail. We stand ready to help you and the Department in your efforts to ensure that the children affected by Katrina are ensured their right to education.
Sincerely, Maria Foscarinis Executive Director
Cc: Secretary Alphonso Jackson, Chair, Interagency
