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legislative update





The McKinney-Vento Homeless Assistance Act/No Child Left Behind Act Reauthorization
Last update: 1/8/08

Funding for the Education for Homeless Children and Youth Program (FY2008 appropriations)
Last update: 1/8/08

Head Start Act Reauthorization
Last update: 12/12/07

Higher Education: FAFSA Fix for Homeless and Foster Youth
Last update: 11/19/07

HUD Homeless Assistance Programs Reauthorization (HUD definition of "homelessness")
Last update: 11/19/07




McKinney-Vento Homeless Assistance Act/No Child Left Behind Act Reauthorization

Last update: January 8, 2008

Homeless Education Legislation: Homeless Children and Youth Supported Through Transportation, Liaisons, Title I, Part A

BACKGROUND:

On July 27, 2007, Congresswoman Judy Biggert (R-13th/IL) was joined by Congressman Raúl Grijalva (D-7th/AZ) and Congressman John P. Sarbanes (D-3rd/MD) in introducing the Homeless Education Improvement Act of 2007, H.R. 3205. H.R. 3205 builds upon effective law and lessons learned by schools, service providers, families, and youth. It includes many of the recommendations for amendments to the McKinney-Vento Act and Title I, Part A that came out of focus groups organized by NAEHCY and NLCHP.

See McKinney-Vento Reauthorization webpage for more detailed information about this important new legislation.

ACTION NEEDED:

Please call or write your U.S. Representative and urge him or her to join as co-sponsor of H.R. 3205. The more co-sponsors the legislation gathers, the greater the likelihood that its provisions will be incorporated into the larger No Child Left Behind reauthorization legislation this Fall. Contact information for U.S. Representatives may be found at www.house.gov

Download a brief summary of this legislation.

e-mail icon For more information, please contact Barbara Duffield, NAEHCY Policy Director, at bduffield@naehcy.org.

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Funding for the Education for Homeless Children and Youth Program (FY2008 appropriations)

Last Update: January 8, 2008

Final FY2008 Budget Passes

BACKGROUND:

The McKinney-Vento Act's Education for Homeless Children and Youth (EHCY) program removes barriers to the school enrollment, attendance, and success of homeless children and youth. The EHCY program provides enrollment assistance, help obtaining school records and other documentation, school supplies, transportation assistance, identification and outreach, coordination and referrals for services, and more.

The EHCY program was funded at $61.9 million in FY2006 and FY2007. The extremely limited resources available to the EHCY program have created challenges for schools in providing comprehensive services to all children and youth experiencing homelessness. Last year, over 900,000 students K-12 were identified as homeless and enrolled in public schools. This is an increase of 50% from the 2003-2004 school year. Approximately half of the identified students were enrolled in school districts that receive McKinney-Vento subgrant funding. This lack of funding means that many homeless students are not receiving all of the services they need to participate and achieve in school, thus compromising their future success.

LATEST ACTION:

In late December, Congress passed omnibus FY2008 spending legislation that included a $2 million increase for the Education for Homeless Children and Youth (EHCY) program. Funding for the EHCY program was increased from $61.9 million in FY2007 to $64 million in FY2008. This is the first increase in the EHCY funding in four years.

e-mail icon For more information, contact Barbara Duffield, Policy Director, at bduffield@naehcy.org.

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Head Start Act Reauthorization

Last Update: December 12, 2007

President Bush Signs Head Start Bill Into Law

UPDATE:

On Wednesday, December 12, President Bush signed the "Improving Head Start for School Readiness Act of 2007" into law. The legislation reauthorizes the Head Start Act.

The "Improving Head Start for School Readiness Act of 2007" contains numerous provisions on homelessness, including new requirements on the identification and enrollment of homeless children. In addition, the legislation contains many coordination and planning requirements that involve the McKinney-Vento Act, homeless school district liaisons, and homeless service providers. A summary of homelessness and foster care provisions is below.

Download a summary of the homelessness and foster care-related amendments in the final Head Start bill.

NEXT STEPS:

Several of the new homelessness and foster care related provisions in the Head Start reauthorization require the Secretary of the U.S. Department of Health and Human Services to issue regulations. NAEHCY, working with our national partners, will be very active in this process. We welcome your thoughts and suggestions for this next stage of our work to ensure homeless children's access to and participation in Head Start programs.

e-mail icon For more information, contact Barbara Duffield, Policy Director, at bduffield@naehcy.org.

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Higher Education: FAFSA Fix Signed Into Law - New Materials Available

Last Update: November 19, 2007

BACKGROUND:

Homeless students are extremely unlikely to be able to access postsecondary education without federal student aid. The Free Application for Federal Student Aid (FAFSA) requires most students to provide financial information from their parents or guardians in order to determine student eligibility for aid. The application also requires a parental/guardian signature. While these requirements are logical for most applicants, they create often insurmountable barriers for unaccompanied homeless youth. These youth do not receive any financial support from their parents and do not have access to parental information. Thus, despite their great need for financial assistance, unaccompanied homeless youth cannot supply the information required by the FAFSA and are prevented from accessing financial aid.

LEGISLATIVE UPDATE:

On Thursday, September 27, President Bush signed the College Cost Reduction and Access Act, H.R. 2669, into law.

Included within this legislation are amendments to expand the definition of independent student in the Free Application for Federal Student Aid (FAFSA) to include unaccompanied homeless youth; youth who are in foster care at any time after the age of 13 or older; or youth who are emancipated minors or are in legal guardianships as determined by an appropriate court in the individual's state of residence.

The legislation allows youth to be considered independent students if they are verified as unaccompanied and homeless during the school year in which the application is submitted, or as unaccompanied, at risk of homelessness, and self-supporting. Verification must be made by a McKinney-Vento Act school district liaison; a HUD homeless assistance program director or their designee; a Runaway and Homeless Youth Act program director or their designee; or a financial aid administrator. The law thus removes barriers to accessing financial aid for unaccompanied youth in the year in which they experienced homelessness, and in subsequent years, provided they are still unaccompanied, self-supporting, and at risk of homelessness.

In addition, the legislation clarifies and expands the conditions under which financial aid administrators may use discretion in calculating the expected student or family contribution by including an independent student's loss of employment, or a change in a student's housing situation that results in homelessness.

The College Cost Reduction and Access Act also allows financial aid administrators to make a determination of independence based on a documented determination of independence by another financial aid administrator in the same year.

NEXT STEPS:

The provisions for homeless and foster youth do not go into effect until July 1, 2009 because of other costs that are incurred in this section of the legislation, and for which funding is provided in FY2008 budget. NAEHCY encourages liaisons, service providers, advocates, and others to share information about these newly passed FAFSA provisions with financial aid administrators in order to help facilitate and encourage earlier implementation.

TIP SHEET

A tip sheet that can be shared with liaisons, service providers, and financial aid administrators on strategies to help unaccompanied youth access FAFSA is available here.

VIDEO:

On June 19, fifteen homeless and formerly homeless youth from Ohio and Pennsylvania traveled to Washington DC to urge passage of H.R. 601, the FAFSA Fix for Homeless Kids Act. The Ohio youth came to Washington DC as part of COHHIO'S Youth Empowerment Program, while the Pennsylvania youth came as part of HEAR US' advocacy efforts. These youth advocates did an outstanding job of explaining the need for this legislation and the urgency with which it should be considered.

video icon View a brief but powerful video of homeless and formerly homeless youth advocating in Washington, D.C. for the passage of the FAFSA Fix Act. (courtesy of Hear Us, Inc.)



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HUD Homeless Assistance Programs Reauthorization (HUD definition of "homelessness")

Last Update: November 19, 2007

SUPPORT THE HEARTH ACT: HELP HUD HOMELESS POLICY BETTER MEET THE NEEDS OF HOMELESS CHILDREN AND YOUTH

BACKGROUND: The "Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH)," H.R. 840, reauthorizes the McKinney-Vento Act Homeless Assistance Programs administered by HUD. H.R. 840 provides greater decision making at the local level, more closely aligns the HUD definition of homelessness with other federal agency definitions (including the U.S. Department of Education), expands resources for emergency shelter and supportive services, provides a framework for greater homeless prevention activity, allows communities the flexibly to implement a range of housing solutions, and makes HUD policy more sensitive to the needs of children, youth, and families. As of November 19, eighty-four U.S. Representatives have signed on to H.R. 840.

In contrast, the Senate bill, S. 1518, the Community Partnership to End Homelessness Act (CPEHA), is flawed. It contains a complex, restrictive definition of homelessness which requires those who are doubled-up or in motels to make multiple moves in order to gain eligibility (see below); it codifies permanent housing set-asides that deny communities the ability to meet the needs of all homeless populations that they identify; and it excludes community planning provisions that would ensure participation by homeless education liaisons and also help ensure that homeless children and youth are able to exercise their educational rights.

ACTION NEEDED:

Please ask the House to take action on the HEARTH Act, H.R. 840. To find out if your Member of Congress has signed on to H.R. 840, visit: Thomas listing

  • If your Representative is a co-sponsor, please call their office to thank them, and ask that they urge House Financial Services Committee Chairman Barney Frank and Housing Subcommittee Chairwoman Maxine Waters to pass the HEARTH Act and bring it to the House floor.

  • If your Representative is not a co-sponsor, please ask them to become one - the more co-sponsors we have, the more likely it is that HEARTH will move forward. Contact information for all House Members is available at http://www.house.gov If your Representative is interested in co-sponsoring HEARTH, they should notify Kathleen Taylor in the office of Representative Julia Carson.


  • INFORMATION:

    The following materials are now available:

    A short comparison document of the two bills.

    A "Fact Check" on the HUD definition of homelessness. This document sets the record straight on the effort to update HUD's definition of homelessness.

    An organizational sign-on letter of more than 40 child and youth organizations supporting an updated HUD definition of homelessness.

    Congressional testimony of Ms. Pittre Walker, NAEHCY Board Member and Homeless Liaison for Caddo Parish Schools in Shreveport, Louisiana

    Congressional testimony of Mr. Jeremy Rosen, National Policy & Advocacy Council on Homelessness

    Congressional testimony of Ms. Diane Nilan, President and Founder of HEAR US

    SENATE COMMITTEE PASSES FLAWED HUD HOMELESS BILL

    BACKGROUND: On Wednesday, September 19, the Senate Banking Committee passed S. 1518, the Community Partnership to End Homelessness Act (CPEHA). CPEHA reauthorizes the HUD Homeless Assistance Programs.

    S. 1518 is flawed in numerous respects:

    Definitions of Homelessness

    S. 1518 expands the definition of homeless beyond the current HUD definition by including:

    1. people in motels paid for by a government program;
    2. people who are doubled-up, but only IF they have moved three times in one year or two times in the past 21 days, AND they have been notified by the owner or renter of their lodging that they can only stay for a short time period, AND they don't have resources to contribute to rent; and
    3. people who are in motels, but only IF they have moved three times in one year or two times in the past 21 days, AND they can only pay for the room for a short period of time
    This proposed expansion is inadequate and harmful in many respects. It would force families and youth in motels and who are doubled-up to move repeatedly before they are eligible for HUD homeless assistance. Routine, stability, and consistency are essential for healthy child development. Each and every move is traumatic for children and youth, especially those in deep poverty. This provision would cause harm to children and youth by waiting until multiple moves have occurred before assistance is provided, and thus contribute to developmental delays, educational disruption, and other negative impacts. Moreover, this provision will be very hard, if not impossible, for providers to verify with any degree of accuracy. Families and youth in crisis may have a hard time "proving" their multiple moves, especially when safety issues are present. Transportation issues for public schools also become more complicated and costly with multiple moves.

    Community Collaboration

    Important provisions were stripped from the bill regarding how recipients are evaluated, including the extent to which they address the needs of relevant special populations (including persons with disabilities, children and families, unaccompanied youth, and veterans) and whom should be consulted in the development of the application, including homeless education liaisons and persons experiencing homelessness.

    Permanent Housing Setasides

    S. 1518 maintains a set-aside for permanent supportive housing that denies communities the ability to meet the needs of all homeless populations that they identify, including families with children and unaccompanied youth.

    NEXT STEPS: There is still opportunity for changes to be made to S. 1518 prior to the bill heading to the Senate floor for a vote. The grassroots advocacy in the few days prior to the committee mark up drew greater attention to the problems in the bill, and there is widening concern about its impact.

    ACTION NEEDED: Please call your U.S. Senators and ask them to urge Senators Jack Reed (D-RI) and Christopher Dodd (D-CT) to eliminate the requirement that families and individuals in doubled-up and motel situations make multiple moves in order to be eligible for HUD homeless assistance, to restore critical selection criteria that were removed in committee, and to ensure that communities can meet the needs of all homeless populations. Contact information for Senators may be found at http://www.senate.gov

    TIMING: Please act soon. It is unclear when the bill will head to the Senate floor, but action in the next month is likely.

    HOUSE HUD MCKINNEY-VENTO BILL BUILDS MOMENTUM

    BACKGROUND: The "Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH)," H.R. 840, introduced in February by U.S. Representatives Julia Carson (D-7th/IN), Geoff Davis (R-4th/KY), Rick Renzi (R-1st/AZ) and Barbara Lee (D-9th/CA), provides greater decision making at the local level, more closely aligns the HUD definition of homelessness with other federal agency definitions (including the U.S. Department of Education), expands resources for emergency shelter and supportive services, provides a framework for greater homeless prevention activity, and allows communities the flexibly to implement a range of housing solutions. A summary of key provisions, with an emphasis on those provisions of particular relevance to educators and family/child/youth advocates, is included below.

    As of September 21, seventy-eight U.S. Representatives have signed on to H.R. 840. To find out if your Member of Congress has signed on to H.R. 840, visit http://thomas.loc.gov

    ACTION NEEDED: Write and fax your U.S. Representative and urge him or her to sign on to H.R. 840 as a co-sponsor. Please share this alert and ask community partners to write letters, too. Contact information for U.S. Representatives may be found at www.house.gov

    THE MESSAGE: The HEARTH Act will help communities respond to homelessness in rural, suburban, and urban areas by providing greater flexibility and more resources. It will help make HUD homeless policy more sensitive to the needs of homeless children, youth, and families, and is therefore a critical part of a broader strategy to prevent and end homelessness.

    KEY HEARTH ACT PROVISIONS:
  • Consolidates all HUD McKinney-Vento housing programs (except Emergency Shelter Grants) into one competitive program with a broad set of eligible activities, including homelessness prevention, permanent or transitional housing for any homeless population, and supportive services. This is the first time that homelessness prevention would be an eligible activity under the competitive portion of HUD's homeless assistance grants.
  • Codifies principles of local control over HUD homeless assistance grant funding, by writing the Continuum of Care (CoC) process into law. Without being overly prescriptive, ensures that local agencies serving all homeless populations must participate in the CoC. Allows CoC's to prioritize particular housing and services initiatives based on demonstrated need in their communities, not because of rigid "one size fits all" priorities set by HUD in Washington, D.C.
  • Aligns the HUD definition of who is homeless more closely with the definition used by the U.S. Department of Education by including people who are living in doubled-up situations or in hotels / motels. This change will make many more children, youth, and families eligible for HUD homeless assistance, providing communities with the flexibility to serve the people who are homeless within their borders.
  • Requires that community homeless assistance planning boards include the participation of local school district homeless education liaisons, or their designee.
  • Requires that community homeless assistance planning boards include data on homeless children, including infants and toddlers with disabilities, as well as children who are participating in preschool programs, in annual performance reports.
  • Requires that CoC applications include assurances that project sponsors will establish policies and practices that are consistent with, and do not restrict the exercise of, the educational rights of homeless children and youth, and place families with children as close to possible to their school of origin so as not to disrupt children's education.
  • Protects victims of domestic violence by prohibiting the disclosure of any information collected by a housing or social service provider that could identify them, and by permitting victims of domestic violence who may be in danger to immediately move to a safer living situation.
  • Does not codify a definition of "chronic homelessness" or a set of incentives designed to end "chronic homelessness." At the same time, communities wishing to prioritize housing and services for homeless persons living on the streets are free to target dollars to that population.
  • Requires a 25% match for all housing and supportive services, but permits the match to be met either in cash or with an in-kind contribution.
  • Includes administrative provisions beneficial to grantees -- requires HUD to release their annual NOFA no later than 3 months after enactment of each year's appropriations bill, ensures that HUD will make grant awards no later than 5 months after applications are due, and instructs HUD to create an official appeals process for grantees who do not receive funding.

  • pdf icon Download a joint flyer from Hear Us, Inc. and NAEHCY on the importance of the modified HUD definition of "homeless"; hear from service providers working on the "front lines" of homelessness and from people who have experienced homelessness themselves.

    e-mail icon For more information, contact Barbara Duffield, Policy Director, at bduffield@naehcy.org.

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    © NAEHCY 2007; All rights reserved.