Ensuring Education for All: The McKinney-Vento Act & Recent Migrant Children in Chicago
Ensuring Education for All: The McKinney-Vento Act and Recent Migrant Children in Chicago
As another busy school year gets underway in Chicago, an underlying challenge puts the city schools’ commitment to inclusivity and equal access to education to the test. In the past year, Chicago has witnessed a substantial increase in the arrival of migrant families. Approximately 13,000 individuals have arrived seeking refuge in the city, and a significant portion of them are currently experiencing homelessness. Chicago Public Schools (CPS) has been working to ensure that these children have access to quality education, but it has been challenging. The Chicago Tribune recently reported that some migrant children encounter denials when attempting to enroll in their assigned local schools due to bureaucratic and language-related issues.[1] However, federal law, obligates public schools to immediately register these children and offer services to address the educational obstacles arising from housing instability.
Legal Council for Health Justice has fervently advocated for children under the McKinney-Vento Homeless Education Assistance Act, and our organization is steadfastly committed to safeguarding the educational rights and protections of all unhoused children and youth.
McKinney-Vento eligibility & services
The McKinney-Vento Homeless Assistance Act, initially enacted in 1987 and reauthorized as Title IX Part A of the Every Student Succeeds Act (ESSA) in 2015, is the federal law designed to protect the educational rights of unhoused students, including migrant children.[2] Its broad definition differs from other Federal agencies; it defines homelessness as when a student lacks “a fixed, regular, and adequate nighttime residence” and includes children or youth who are doubled-up with another household due to loss of housing. Another fundamental principle is the straightforward enrollment of these children and youth, regardless of their legal status or ability to present documents ordinarily required of other students during registration. This is a fundamental component of the rule because individuals who are experiencing homelessness will often lack proof of a child’s age, residency, or other health forms like physicals or vaccination records.
Regarding access to additional services, McKinney-Vento mandates that unhoused students have entitlements that encompass transportation to their original school, even if they relocate to a different temporary residence. Furthermore, unhoused students are entitled to essential educational services and resources, such as provisions that waive school-related fees and qualify them for school supplies, uniforms, and free school meals (CPS already offers free breakfast and lunch to all students, which is not the case in most districts). For those receiving specialized education accommodations and modifications through a 504 Plan or Individual Education Plan, equitable access to these services is required, akin to any other child with a disability. Additionally, McKinney-Vento grants children the right to participate in extracurricular activities and receive academic support like tutoring to facilitate their success in school.
Earlier this summer, CPS launched a welcome center pilot program at Roberto Clemente Community Academy in an effort to assist newly arrived immigrant families in the Humboldt Park and West Town neighborhoods to enroll their children into the District. The high school transformed four classrooms to orient households with registration while also providing them with school supplies, vaccinations, and information about health services from Erie Family Health Centers.[3] This effort by CPS demonstrates an intentional effort to break down barriers and ensure that every child can be educated.
Ensuring that all unhoused children have access to education is part of Legal Council’s mission. Education is a fundamental right and a powerful tool for breaking the cycle of poverty and homelessness. Without access to quality education, children are vulnerable to being deprived of opportunities for personal growth and development and face a significantly higher risk of remaining trapped in a cycle of disadvantage.
Barb Cohen, a policy analyst with Legal Council who works on special education access, is committed to holding CPS accountable; “all children have the right to be enrolled immediately when they come to Chicago, regardless of their housing status or their immigration status. CPS has been clear that families do not need a permanent address, and every school should know that as well.”
By advocating for their educational rights, organizations like Legal Council play a pivotal role in safeguarding the futures and well-being of these children, offering them a chance for stability, empowerment, and a brighter tomorrow beyond homelessness.
Resource for CPS Students in Temporary Living Situations (STLS)
The STLS department has the responsibility of providing support and services to children and youths enrolled in a Chicago Public Schools (CPS) school who are experiencing housing instability. Every Chicago Public School has an STLS liaison who ensures schools and school-based staff have the knowledge, training, and resources necessary to enforce the educational rights of students in temporary living situations. They can also assist and advocate to the District for families that need further help.
If no STLS Liaison is available during registration, other school staff will be available to help enroll your student. Additionally, an unaccompanied youth in a temporary living situation may enroll themselves or be enrolled by an adult caregiver who is not their legal guardian.
Anyone who is eligible for services will need to complete the STLS Service Initiation form.
For more information about the rights of STLS students in Chicago Public Schools, whether they be migrants and non-migrant Chicagoans, we encourage reaching out to the STLS program: (773) 553-2242, fax at (773) 553-2182, email: [email protected]. Or visit their website at www.cps.edu/STLS.[4]
Conclusion
The McKinney-Vento Act provides hope for recent migrant children in Chicago, ensuring that education remains a right, not a privilege. It grants immediate enrollment and essential support services to help these children thrive socially and academically. As the city continues to welcome more migrants, the McKinney-Vento Act is a testament to our commitment to providing education for all, regardless of their circumstances or background. Legal Council’s systemic work on special education and school-based transportation includes protecting services for families covered under McKinney-Vento, and we anticipate working with individual families as their needs become clearer.
—
[1] Salzman, Nell. “Migrants Staying at Chicago police station turned away from school: ‘They didn’t have people who spoke Spanish’”. Chicago Tribune. 21 August 2023, https://www.chicagotribune.com/news/breaking/ct-migrant-students-turned-away-chicago-public-schools-20230822-zjf2zvqjr5c33j65rp2dccauli-story.html.
[2] McKinney-Vento Education for Homeless Children and Youths Program. Section 725. U.S. Department of Education. https://www.federalregister.gov/documents/2016/03/17/2016-06073/mckinney-vento-education-for-homeless-children-and-youths-program.
[3] Malagón, Elvia. “High school classrooms are transformed into ‘welcome center’ for migrant families in West Town, Humboldt Park”. WBEZ Chicago, 18 July 2023. https://www.wbez.org/stories/roberto-clemente-community-academy-migrant-welcome-center/5aba946b-48c0-4db0-a5a3-e63d7fafbf9e.
[4] “Students in Temporary Living Situations (STLS)”. Chicago Public Schools, accessed 25 September, 2023. https://www.cps.edu/services-and-supports/crisis-support/students-in-temporary-living-situations/.