Pennsylvania Bill Aims to Protect Homeless Students' Right to Education

A Pennsylvania bill aimed at protecting the educational rights of homeless students is advancing through the state legislature, but time is running out before the legislative session ends in late November.

The proposed legislation, House Bill 663, seeks to amend Pennsylvania law to ensure that school districts comply with the federal McKinney-Vento Homeless Assistance Act. That law requires districts to immediately enroll homeless students before completing residency investigations. Currently, Pennsylvania law allows schools to bar students, including homeless children, from class during residency disputes, a practice that conflicts with federal mandates.

The bill passed the state House unanimously in November and cleared the Senate Education Committee in March. However, it must now be approved by the Senate Appropriations Committee, chaired by Republican Sen. Scott Martin, before it can reach the full Senate for a vote. With only about six months remaining in the legislative session, lawmakers face a tight deadline.

Martin’s spokesman, Jason Thompson, stated that the senator "understands and appreciates the importance of ensuring continuity of education, especially for young people growing up in difficult circumstances," given his past work with families experiencing homelessness.

The urgency of the bill stems from investigations by the Center for Public Integrity and its media partners, which revealed systemic barriers faced by homeless students in Pennsylvania and nationwide. These include prolonged school exclusions during residency disputes, underreporting of homeless students, and disproportionate disciplinary actions against them.

Federal data analysis showed that 2,400 school districts reported no homeless students despite high levels of financial need, suggesting widespread undercounting. In nearly half of U.S. states, reported homeless student numbers bore little relation to poverty levels, indicating inconsistent identification practices.

Studies have also found that homeless students face higher suspension and expulsion rates than their housed peers. In Washington state, for example, homeless students were suspended or expelled at nearly three times the rate of housed students, according to a 2022 report.

Advocates argue that these issues contribute to lower graduation rates among homeless students, perpetuating cycles of instability. The McKinney-Vento Act mandates that schools support homeless students by removing barriers to education, providing transportation, waiving paperwork requirements, and connecting families with services.

In Pennsylvania, disputes often arise when districts suspect residency fraud, particularly among students "doubled up" with relatives or friends due to economic hardship. These cases frequently result in prolonged absences, disrupting students' education.

State Rep. Jeanne McNeill, the bill’s sponsor, introduced HB 663 after a school district in her southeastern Pennsylvania district barred a student from class and special education services during a residency dispute. The Education Law Center, which represents families in such cases, supported the legislation.

"These disputes can be quite lengthy, and that results in students being denied the instruction time that they’re legally entitled to," said Paige Joki, an attorney with the center. "Education is a fundamental right in Pennsylvania, and this bill is a necessary step to ensure students aren’t being deprived of this right."

While federal funding for homeless student programs increased by 13% in December 2022, advocates say additional support is needed. Washington state, for instance, nearly doubled its Homeless Student Stability Program funding to $9 million in 2023 after reporting by the Center for Public Integrity and *The Seattle Times* highlighted funding gaps.

The Pennsylvania bill’s fate remains uncertain as lawmakers weigh compliance with federal law against concerns about residency fraud. For now, advocates say immediate action is critical to prevent further disruptions in the education of homeless students.