We recently acted on behalf of three middle school students who are experiencing homelessness. The siblings were displaced from their home because their mother had to take medical leave from her job and was unable to afford housing.

The children are temporarily staying in shared housing. They expect to resume permanent residence in Red Clay later this fall when their mother's medical leave concludes. In an attempt to provide continuity in their education, their mother sought to maintain enrollment at the children's school in Red Clay. Red Clay officials agreed, but told her they would not provide the transportation that the children need to get to school. Under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, Red Clay is obligated to provide transportation assistance for the entire period that the students are displaced.

The McKinney-Vento Act provides federal funding and places requirements on local school districts to assist children living in temporary shared housing as a result of economic hardship. Not only has Red Clay made clear that it will not provide the transportation assistance required by the Act during the entire period the children are displaced, but it has also failed to comply with the Act's requirements for temporary assistance while the Act's application is in dispute, as well as the written explanation for its decision that is required by the Act.

The suit seeks:

  • Injunctive relief requiring Red Clay to comply with the Act and vindicating the students' rights to continued enrollment in their school
  • The transportation assistance they need while in temporary housing
  • Monetary relief for the expenses and injuries incurred as a result of Red Clay's misfeasance

Stay informed

ACLU of Delaware is part of a network of affiliates

Learn more about ACLU National