Rights for All Students

We had to move due to the disaster.

Your children have the right to attend the school they were attending even if you are living outside the school district’s boundaries. This is called “school of origin rights” under federal law (the McKinney Vento Act) to help maintain school stability for students. Contact your children’s school and ask to speak with their homeless education liaison.

If it is not practical for your children to attend their previous school, or you don’t think it is in their best interest, federal law also says you can enroll them in a school near where you are staying. This is because of a federal law (the McKinney Vento Act) that says homeless children can enroll in school near where they are living. Contact the local school district and tell them you had to move because of a disaster and want to enroll your child in school. For more information, visit DRC’s publication on the rights of homeless students.

Why should I enroll my child in school?

Going to school after a disaster is good for many children because it helps them return to a normal routine and allows them to keep up with their schoolwork. Some students are also fed through breakfast and lunch programs, which may help families who lost food because of the disaster or can’t afford food. School also gives parents time to do things to help the family recover from the disaster.

Can my child go to school if we are living in a shelter?

Yes. It does not matter where you are living. You can be living in a shelter, tent, trailer, hotel, motel, campground, in your car, a park, or with friends or relatives. Your child has the right to go to school in California.

What papers does my child need to go back to school?

If you had to move because of a disaster your child can enroll in school right away without showing the papers that schools usually require, like proof of residency, school records, or immunization records (records of shots). Your child’s new school will contact their old school to get these records.

How can I participate in my child’s education during or after a disaster?

Parents have the right to be involved in decisions about their child’s education. Schools should find creative ways to ensure parental participation, including holding virtual meetings if a parent’s availability is impacted by a disaster. Additionally, schools must respect your preferred language or communication method.

Additional Rights for Students with Disabilities

What if my child has a disability?

Schools must make sure all students, including students with disabilities, have access to their education, including access to materials and platforms during a disaster. If, for example, a school moves to online learning, accommodations could include closed captions, screen readers, large print, or alternative formats. These should be outlined in a 504 Plan. If your child is eligible for special education, it should be documented in their IEP, discussed in more detail below.

More information on 504 Plans is available here.

Will my child continue to receive their special education services listed in their Individualized Education Program (“IEP”) even if the school has closed due to a disaster?

Your child has the right to access the special education services they need at any public school. This right is protected by federal and California law. The IEP services your child must receive during school closures should be documented in your child’s IEP in the “Emergency Plan” section. More information on IEP Emergency Plans is available here.

If your child’s IEP does not include this section or you don’t agree with it, you should request an IEP meeting to make revisions. The school must hold an IEP meeting within 30 days of your request. More information on how to request an IEP meeting is available here.

Will my child continue to receive their special education services even if we move and they go to a new school district?

Yes, your child’s new school district must provide the services and supports outlined in your child’s IEP. If the new school district wants to change your child’s IEP, they must first discuss the proposed changes with you at an IEP meeting and get your consent.

Even if you do not have your child’s paperwork, like their IEP, your child must receive special education services. If your child’s new school can’t get records from their old school, you can tell the new school what your child’s needs are. The school must work with you to provide the same services your child used to get or work with you and your child to develop a new plan.

More information on the IEP process is available here.

What if my child doesn’t receive their IEP services during or after a disaster?

If a school is unable to provide your child’s IEP services during a disaster or school closure, the student may be entitled to make-up services (“compensatory education”) to make up for the services they missed.

If your child isn’t receiving their IEP services, you should keep a record of what services they miss and when. You should then request an IEP meeting to discuss the services your child missed and how the school district will make them up.

What if the disaster affected my child’s disability and they need new or different supports than before?

Your child may require new or different accommodations, supports or services during or after a disaster. For example, your child may have a medical condition that is made worse by wildfire smoke (i.e. asthma) or may have new mental health needs after experiencing disaster-related trauma. If your child already has a 504 Plan or IEP, you can request a meeting to discuss your child’s changed needs. If your child doesn’t yet have a 504 Plan or IEP, you can request assessments to see if your child is eligible.

More information on how to request a 504 Plan Assessment or changes to your child’s 504 Plan is available here.

More information on requesting an IEP assessment or changes to your child’s IEP is available here.

How can I make sure my child with a disability is safe if an emergency or disaster occurs while they are at school?

Schools must have a Comprehensive School Safety Plan that includes how it will keep students safe during an emergency or disaster. These plans must include accommodations or adaptations for students with disabilities. For example, a classroom evacuation plan that includes stairs should be accommodated for a student who uses a wheelchair.

If you are concerned about your child’s safety at school during a disaster or emergency, you can request an IEP or 504 meeting to discuss your child’s unique disability-related needs.

Thank you to Neighborhood Legal Services of Los Angeles County, Lone Star Legal Aid and National Homelessness Law Center for the use of their resources.