Court Asked to Halt Enforcement of Laws and Policies That Illegally Deny Homeless Children Equal Access to Education

November 6, 2007 

Honolulu - In advancing their class action lawsuit, Lawyers for Equal Justice (LEJ) and the ACLU of Hawaii (ACLU) today are filing a motion for preliminary injunction in federal court seeking an order that would immediately halt State officials (State) from enforcing laws and policies that block access by homeless children to public education in violation of federal law. 

As we meet with homeless families and social service providers across the state, the number of children who have been or are being denied access to basic public education continues to grow. The State's blatant violations of federal law have harmed children statewide and must be immediately corrected," said William Durham of LEJ. "Congress has given the State funds to fulfill an important national mandate. There is no excuse for the State's negligence – every day that goes by results in more children being denied an education."

The latest round of legal actions includes requests to bar the State from carrying out specific practices that violate federal law such as denying homeless children entrance to school because they lack certain documentation, which has led to children missing school for days and weeks at a time. The State has also failed to provide transportation, which forces families of extremely limited means to fend for themselves and results in children being consistently tardy or absent from school.

The initial legal complaint, filed October 2, 2007, on behalf of several homeless parents and their children, charged the State with a systemic failure to provide homeless children with equal access to a free and appropriate public education in violation of the McKinney-Vento Act and the Fourteenth Amendment to the United States Constitution.

Lawyers want State officials responsible for overseeing the education and welfare of homeless children and their families to remove obstacles to the enrollment and attendance of homeless children at public school, to provide transportation to and from school, to coordinate with other government agencies to serve homeless children, and to ensure that homeless children have the same access to public education as all other children. In a companion motion, the lawyers have also asked the Court to order that the Plaintiffs represent all homeless students and their parents statewide.

Plaintiff Olivé Kaleauti said, "All I want to do is help my sons get a good education. I feel like no matter how hard I try to do this, the schools keep putting up barriers that prevent my children from going to school. My children and others like them are being punished for being homeless – but it's not their fault."

ACLU Legal Director Lois Perrin added, "Over one year ago the U.S. Department of Education notified the State that they were failing to comply with federal law, yet the State has done nothing to correct those deficiencies. While the State drags its feet, homeless children are denied an education. A preliminary injunction is necessary to avoid the immediate, profound and lasting harms on the lives of homeless children caused by the State's non-compliance."

Any homeless child or parent who has been denied access to school or transportation to public school and wants to tell his or her story confidentially or publicly should contact LEJ at (808) 779-1744 or the ACLU of Hawaii at (808) 522-5905.

LEJ and the ACLU are working with Paul Alston, Roman Amaguin, Steve Tannenbaum and Shellie Park-Hoapili of Alston Hunt Floyd & Ing.

The lawsuit names as defendants Judy Tonda, Department of Education ("DOE") Homeless Coordinator; Patricia Hamamoto, DOE Superintendent; Robert McClelland, DOE Systems Accountability Office Director; Board of Education members Karen Knudsen, John Penebacker, Herbert Watanabe, Breene Harimoto, Dr. Eileen Clarke, Dr. Lei Ahu Isa, Kim Coco Iwamoto, Mary Cochran, Maggie Cox, Cec Heftel, Denise Matsumoto, Donna Ikeda, and Garrett Toguchi; and Chiyome Fukino, Department of Health Director.

LEJ is a legal aid organization that was created in 2001 to complement existing legal service providers that assist financially disadvantaged people. LEJ engages in legal advocacy, including the bringing of class actions, to assist low income individuals and communities in the enforcement of their rights and the obtaining of benefits under the law or governmental policies and regulations. LEJ also engages in advocacy before local, state and federal agencies in rule or law making proceedings which will affect low income people and focuses on legal education activities to inform low income individuals and groups of their rights.

The mission of the ACLU is to protect the fundamental freedoms enshrined in the U.S. and State Constitutions. The ACLU fulfills this through legislative, litigation, and public education programs statewide. The ACLU is a non-partisan and private non-profit organization that provides its services at no cost to the public and does not accept government funds. The ACLU has been serving Hawaii for over 40 years.

CLICK HERE TO VIEW THE MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION