Third Circuit Issues Groundbreaking Precedential Decision Regarding Rights of Homeless Students

In response to a motion filed by ELC, the Third Circuit has re-issued its opinion in G.S. vs. Rose Tree Media School District as precedential, which means that the Court’s opinion can be used to support arguments in similar cases in other courts.  ELC filed the motion following a positive ruling which marked a major victory for students living “doubled-up” who are often under-identified as homeless by schools. The Court’s ruling held in part that the McKinney-Vento Act “does not impose a limit on the duration of homelessness” and schools cannot unilaterally declare a child ineligible when the child’s circumstances remain unchanged.

The National Law Center on Homelessness and Poverty, Homeless Children’s Education Fund, and People’s Emergency Center joined ELC in filing the motion. The Third Circuit is the first federal appellate court to address the educational provisions of the McKinney-Vento Act.  Thank you to our pro-bono partners at Morgan, Lewis, and Bockius LLP for their assistance on the initial amicus brief filed in this case.