Maya Stephens v. Gateway School District, et al.

CourtDistrict Court, W.D. Pennsylvania
DecidedOctober 15, 2025
Docket2:24-cv-01703
StatusUnknown

This text of Maya Stephens v. Gateway School District, et al. (Maya Stephens v. Gateway School District, et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maya Stephens v. Gateway School District, et al., (W.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA MAYA STEPHENS, ) ) Plaintiff, ) Civil Action No. 2:24 CV 1703 ) V. ) District Judge Cathy Bissoon ) Magistrate Judge Maureen P. Kelly GATEWAY SCHOOL DISTRICT, et al., ) ) Re: ECF Nos. 14, 103, 121 Defendants. )

REPORT AND RECOMMENDATION L RECOMMENDATION For the following reasons, it is respectfully recommended that the Court deny Plaintiff Maya Stephens’ “Emergency Motion for Temporary Relief to Enforce Status Quo and Immediate Reinstatement of School Access,” ECF No. 103. It is further recommended that the Court deny Ms. Stephens’ Motion to Maintain Educational Enrollment, ECF No. 14; and deny her Motion to Expedite Ruling Due to Ongoing Educational Deprivation and Federal Violation, ECF No. 121. II. REPORT A. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Maya Stephens (“Ms. Stephens”), brings this action pro se with her minor daughters L.S. and M.S. (collectively, “Plaintiffs’”) against Gateway School District (“Gateway’’), local and state educational agencies and employees, and counsel acting on their behalf.! ECF No. 92. Ms. Stephens alleges that Defendants violated Plaintiffs’ rights under the McKinney-Vento

1 On July 15, 2025, the Court granted Ms. Stephen’s Motion for Appointment of Counsel for her daughters. ECF No. 97. The Court’s request for pro bono counsel remains pending while the Clerk’s Office seeks volunteer counsel. Due to the allegedly exigent circumstances surrounding Ms. Stephens’ pending motions for injunctive relief and her ability to pursue claims on her own behalf, the stay currently in effect during the search for counsel for her children is lifted solely as to Ms. Stephens and the motions considered at this time.

Homeless Assistance Act, 42 U.S.C § 11431, et seg., (“McKinney-Vento Act”), denied them due process, unlawfully retaliated, defamed her and her children, and caused her children to suffer emotional distress. Id. Plaintiffs’ claims arise out of Gateway’s determination that the Stephens’ children are not homeless, do not reside in Gateway, and are not entitled to the protection afforded by the McKinney-Vento Act. As a result, L.S. and M.S. were subject to disenrollment under applicable Pennsylvania law. Section 1302(a) of the Pennsylvania Public School Code states that “[a] child shall be considered a resident of the school district in which his parents or the guardian of his person resides.” 24 Pa. Cons. Stat. § 13-1302(a). The purpose of the residency provision is to prevent “school shopping.” Velazquez ex rel. Speaks-Velazquez v. E. Stroudsburg Area Sch. Dist., 949 A.2d 354, 360 (Pa. Commw. Ct. 2008) (citing Paek v. Pen Argyl Area Sch. Dist., 923 A.2d 563, 567 (Pa. Commw. Ct. 2007)). The McKinney-Vento Act provides a limited exception to this rule to ensure that unhoused children “have equal access to the same free, appropriate public education, ... as provided to other children and youths.” 42 U.S.C. § 11431(1). Ms. Stephens alleges that with her, L.S. and M.S. have suffered prolonged housing instability since relocating to the Pittsburgh area in 2016. In 2021, L.S. and M.S. were residing in “doubled-up housing” at Ms. Stephens’ mother’s residence in the Gateway School District.” Id. | 2. Based on their living conditions, Gateway deemed L.S. and MLS. eligible for enrollment under the McKinney-Vento Act. Ms. Stephens asserts that during the 2023-2024 academic year, she secured “her own temporary housing” at 758 Second Street, Verona, Pennsylvania, with a month-to-month lease in

The McKinney-Vento Act includes within the definition of protected children those “who lack a fixed, regular, and adequate nighttime residence. ..; and ... includes— ... children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.” 42 U.S.C. § 11434a(2).

the Riverview School District. Id. § 3; see also ECF Nos. 107-1, 107-2. Ms. Stephens alleges that despite a month-to-month lease, her housing “remained unstable,” so L.S. and M.S. remained at their grandmother’s home. ECF No. 92 § 3. To facilitate transportation, Gateway requested Ms. Stephens’ address. Id. § 4. Based on the information Ms. Stephens provided, Gateway began an investigation to determine whether L.S. and M.S. were eligible for enrollment under the McKinney-Vento Act. Id. 5. Sometime in May-June 2024, Ms. Stephens challenged the safety of transportation for her children from their assigned school to her Verona residence. Id. § 7. On June 3, 2024, Gateway informed Ms. Stephens that it determined she had secured fixed, regular, and adequate housing. Thus, L.S. and M.S. no longer qualified for continued enrollment under the McKinney-Vento Act. Id. The McKinney-Vento Act requires each state to adopt “[a] description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths.” 42 U.S.C. § 11432(g)(1)(C). When a dispute arises, a local agency or school district must provide written notification of the decision, set forth the right to appeal the decision and a contain a referral to the local educational agency liaison who is to carry out the dispute resolution process as quickly as possible. 42 U.S.C. § 11432(g)(3)(E)(ii)-(iii). During the pendency of an eligibility dispute, the McKinney-Vento Act requires that children “be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals.” 42 U.S.C. § 11432(g)(3)(E)(i) (the “Pendency Provision’). Ms. Stephens initiated an appeal with the Pennsylvania Department of Education (“PDE”) and Defendant Storm Camara, PDE’s State Coordinator for Homeless Children and Youth. ECF No. 92 8. It is undisputed that based on Ms. Stephens’ representations, L.S. and M.S. were deemed eligible to continue their education in the Gateway School District on August 27, 2024,

and were reenrolled pursuant to the McKinney-Vento Act. ECF No. 72-1 at 2; ECF No. 1-15 at 5 (correspondence from PDE dated August 27, 2024). However, Gateway challenged continued enrollment based on the veracity of Ms. Stephens’ representations related to housing permanence. Id.; □□□ also ECF No. 92 §§ 10-11. After investigating, Gateway learned that Ms. Stephens had leased the Verona premises since at least January 1, 2024. See ECF No. 1-8 at 5-10. Thus, Gateway provided notice to Ms. Stephens on November 8, 2024, advising her that continued enrollment was denied. ECF No. 1-15 at 2-3. In compliance with the requirements of the McKinney-Vento Act, Gateway advised Ms. Stephens of her appeal rights and the contact information for Pennsylvania’s McKinney-Vento Homeless state coordinator.? Id. Ms. Stephens commenced an appeal, but based on the information from Gateway, including Ms. Stephens’ lease for the Verona premises in the Riverview School District (“Riverview”), the PDE coordinator informed Ms.

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Maya Stephens v. Gateway School District, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/maya-stephens-v-gateway-school-district-et-al-pawd-2025.