Hurricane Katrina: Legal Issues - Columbus School of Law

Yes, compulsory education laws require school age children to be enrolled in some type of officially recognized
school system, be it public, private, or parochial. Parents may also choose to home school their children, but must
comply with state regulations for home schooling.
What if a local school has been closed due to the hurricane?
The answer depends largely on whether the family has relocated. If not, and the local school is still temporarily
closed, there are several options for meeting the state compulsory education law. Children may be enrolled in a
neighboring district until the local school re-opens, or may be enrolled in private or parochial school. Children may
also be home schooled if the state’s requirements are met. Also, the Department of Education is setting up an
internet system for distance learning in basic academic courses to keep temporarily displaced students on track,
particularly in high school. In the end, however, the compulsory education law requires that families select one of
these options for their K-12 children.
What should families in a temporary shelter do about education?
If there is a functioning school district near the shelter, temporarily sheltered families must enroll school age children
in public, private, or parochial school. Additionally, under the federal McKinney-Vento Act, public education must
be provided to homeless children. Victims of Katrina will no doubt be considered homeless if they are staying in a
temporary shelter. Under McKinney-Vento, even if a displaced family is required to move to different residential
locations over a period of time, the Act provides school stability by allowing homeless children to continue attending
the same school if it is feasible for them to do so and desired by their parents or guardians.
Is my child entitled to school meals?
Generally, homeless students are automatically eligible for free school meals. The USDA has issued specific
guidance for storm victims at: http://www.fns.usda.gov/cnd/Governance/Policy-Memos/2005-08-31.pdf.
What other services is a child displaced by Hurricane Katrina entitled to receive?
Like other homeless students, they should be eligible for compensatory education, bilingual education, and special
education and related services if otherwise qualified.
Can Hurricane Katrina children be segregated from other children in schools?
No. The McKinney-Vento Act prohibits segregating educational facilities - such as by setting up shelter classrooms -
on the basis of homelessness versus non-homelessness.
What happens when a student’s former local school re-opens?
If the family relocated temporarily due to the hurricane, school age children will transfer their enrollment back to
their former school when the family returns home. Permanently relocated children will be treated like any other
transfer. If available, the child’s records from the former school should eventually be transferred to his or her new
school. Upon the beginning of the next academic year, any regulations which were temporarily waived (for example,
proof of residency, proof of immunization) will be required for re-enrollment.
What requirements apply to families who relocated from Louisiana to Mississippi?
If a child was enrolled in a Louisiana school, Mississippi must accept enrollment due to reciprocal agreements
between the two states. The only exception is if the child was enrolled in a pre-kindergarten program in Louisiana,
since there is no guarantee a Mississippi school district will have such a program. If there is one, the family should
be able to enroll a pre-K child. Families who encounter difficulty (due to lack of space, for example) with enrollment