Rights of Homeless Students

From “Student’s Rights Handbook: A guide for public school students in New Jersey” (Fourth edition)

The complete Handbook can be found at the ACLU Website: http://nj.aclu.org/site/R?i=cqO8zxv2ZinDn8UjG3myLQ 

Homeless Students. Although students generally attend school in the

district where their parents or guardians reside, New Jersey law recognizes

that homeless families may be forced to move quite often. State law makes

special provisions for children of homeless parents, because their education

would be severely disrupted if these students had to switch schools every

time their parents moved.

Homelessness is defined as “temporarily lack[ing] a fixed, regular and

adequate residence.”15 The “district of residence” for a child whose parent or

guardian temporarily moves from one school district to another as a result

of being homeless is the school district in which the parent or guardian last

lived prior to becoming homeless.16 After such a move, the child may

continue to attend public school wherever he or she attended before

moving; may enroll in the “district of residence,” determined as stated above;

or may enroll in the district where the child is temporarily living.17 School

officials from the district of residence, after consulting with the child’s

parent or guardian, decide based on the child’s best interests where the

child should enroll.18 Wherever the child enrolls, the district of residence

must pay any necessary transportation or tuition costs.

If the parent or guardian disagrees with the school officials’ decision

about where a homeless child is to attend school, he or she may bring that

objection to the county superintendent. The county superintendent must

then determine the appropriate placement within 48 hours.19

A parent or guardian who objects to the regional superintendent’s

decision may request mediation through the Department of Education. If

the mediation is unsuccessful, the parent or guardian may appeal to the

Commissioner of Education.20

A helpful resource on the issue of homelessness and students is

Education Rights of Homeless Students: A Guide for Advocates, which is

published by the Education Law Center whose contact information is listed

at the end of the handbook.

Education Law Center

60 Park Place, Suite 300, Newark, NJ 07102

(973) 624-1815

http://www.edlawcenter.org