Barbara DuffieldNational Association for the Education of Homeless Children and Youth

22ndt Annual ConferenceHouston, TX

November 8, 2010

FEDERAL AGENCY POLICIES:HUD: New provisions for homeless families and youthED: New guidance on FAFSAED: Draft 2011-2012 FAFSA released for commentHHS: Head Start and homelessness

CONGRESIONAL LEGISLATIVE ISSUES:Federal appropriations for homeless programsReauthorization of the Elementary and Secondary

Education Act, including McKinney-Vento

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Homeless Emergency Assistance and Rapid Transition to Housing (The HEARTH Act)

Authorizes and amends the McKinney-Vento homeless assistance programs administered by HUD

Provides funding to communities for emergency shelter, transitional housing, permanent supportive housing, and support services

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HUD’s definition of homelessness was amended by the HEARTH Act – slightly expanded

Final regulations have not yet been issued (public comment period closed in June)

Changes in HUD definition will not go into effect for current round of competition

However, definition of chronic homelessness now includes families where a head of household has a disability

Starting with the next application, due November 18:

1. The Continuum of Care applicant will be required to demonstrate that it is collaborating with LEAs to assist in the identification of homeless families as well as informing these homeless families and youth of their eligibility for McKinney-Vento education services

Starting with the next application, due November 18:

2. Continuum of Care applicant will be required to demonstrate that it is considering the educational needs of children when families are placed in emergency or transitional shelter and is, to the maximum extent practicable, placing families with children as close to possible to their school of origin so as not to disrupt their children’s education

Starting with the next application, due November 18:

3. Project applicants must demonstrate that their programs are establishing policies and practices that are consistent with, and do not restrict the exercise of rights provided by the education subtitle of the McKinney-Vento Act, and other laws relating to the provision of educational rights and related services to individuals and families experiencing homelessness

Starting with the next application, due November 18:

4. Project applicants must demonstrate that programs that provide housing or services to families are designating a staff person to ensure that children are enrolled in school and connected to the appropriate services within the community, including early childhood programs such as Head Start, Part C of the Individuals with Disabilities Act, and McKinney-Vento education services

• Applications are due to HUD by November 18• To find your Continuum of Care, go to

www.hudhre.gov• HUD is requiring all applicants to make their

applications available to the public, once submitted; either on the web, or by request

• No points assigned for education assurances this year, but a good starting place for collaboration

• More information and specific strategies at http://www.naehcy.org/hud2010nofa.htm

Youth who meet the definition of “independent student” can complete the FAFSA without parental income information or signature.

Unaccompanied youth are now considered independent students. Must be verified as unaccompanied and homeless during the

school year in which the application is submitted.

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 (FAA) www.naehcy.org/higher_ed.html

Youth who have been in foster care at any time after age 13 are also automatically independent.

FAAs are not required to verify the answers to the homeless youth questions on the FAFSA, unless there is conflicting information

It is not conflicting information if a FAA disagrees with a liaison or HUD or RHYA service provider

FAAs must make determinations based on the legal definitions of unaccompanied and homeless

FAAs may accept verification from recognized third parties

Unaccompanied homeless youth may use the school address as their own

ED released a draft of the 2011-2012 FAFSA last month; comments are due November 15

Issues for unaccompanied homeless youth:

1.Definition of “youth” is 21 or younger. This excludes 22 and 23 year olds2.Youth who do not have determinations from liaisons, HUD shelter providers, or RHYA shelter providers do not have a question to mark yes; must request determination from FAA, who too often view determination as at their discretion

Recommended Action:1.Eliminate definition of youth, or define “youth” as 23 or younger2.Add a question to the FAFSA for unaccompanied homeless youth who were not identified as homeless in high school, and/or did not receive services from HUD homeless or RHYA programs

oComments are due November 15oSend comments via email to FAFSA.Comments@ed.govoPlease include any experiences you may have had with these provisionsoMore information and talking points at http://www.naehcy.org/draftfafsa2010.html

Federal law passed in December 2007Head Start must identify and prioritize

homeless children for enrollment, enroll without paperwork within a reasonable time frame, and coordinate with local liaisons

Details will be spelled out in regulations, but they have not yet been issued

Regulations will be open for public comment; a strong response about homeless families and children is needed

Congress still working on FY2011 budgetSenate bill:o $75 million proposed for EHCY (15% increase)o $123 million proposed for RHYA (7% increase)o $2.055 billion for HUD homeless assistance

programs (10% increase)House bill (HUD only) - $2.2 billion for HUD homeless

assistance programs (18% increase)Much depends on final days of session

Reauthorization is the process by which Congress rewrites/revises existing legislation

An opportunity to make substantive changes to federal policy, including the “ceiling” for funding levels

Typically occurs every 5-7 years; major legislation takes longer

McKinney-Vento education subtitle is reauthorized along with other federal education programs - Elementary and Secondary Education Act (ESEA)

November 2009: S. 2800, “The Educational Success for Children and Youth Without Homes Act of 2009” and S. 2801 “Fostering Success in Education” introduced in U.S. Senate (Murray/Franken)

May 2010: H.R. 5285, companion legislation introduced in House (Biggert, Kildee, Platts, Fudge)

Both House and Senate education committees looked at these bills in staff-level negotiations

These bills will need to be re-introduced in the new Congress

Timing depends on the “big picture” agenda of both parties

McKinney-Vento Personnel: State Coordinators and Local Liaisons

School Stability Provisions (“Feasibility”)EnrollmentTransportationDispute ResolutionCredit Accrual and Recovery/Academic SupportParticipation in Extra-curricular ActivitiesUnaccompanied Homeless YouthYoung Homeless ChildrenFunding LevelTitle I, Part A Set-asidesChildren and Youth in Foster Care

Issues: lack of time; lack of training; lack of resources

S. 2800/H.R. 5285 : local liaisons must have “sufficient training,

resources, and time” to carry out duties Local liaisons must participate in professional

development offered by the SEA Office of state coordinators must have “sufficient

capacity, resources, and support” to carry out duties

Issues: “to the extent feasible” weakens law; problems with feeder schools

S. 2800/H.R. 5285: Presumption that school of origin is in best interest, unless

Against parent/guardian/youth wishes Best interest determination based on student-centered, individualized

factors weighs in favor of local enrollment The best interest determination must prioritize the wishes of

parent or youth If the LEA determines school of origin is not in the best

interest, guardian, youth: written notice/appeal must be provided

“School of origin” encompasses feeder school systems

Issues: fees remain a significant barrierS. 2800/H.R. 5285:

Clarifies immediate enrollment, even if student owes fees or is unable to pay fees in school selected

Clarifies records must be released even if student owes fees or is not withdrawn in accordance with local procedures

Issues: lack of funding creates implementation problems; subgrants don’t reach all LEAs

S. 2800/H.R. 5285: Raise authorization level to $300 million Explicitly authorize Title I Part A to be used for

transportation to school of origin

Issues: procedures not accessible, ability of state to ensure compliance

S. 2800/HR. 5285: State Dispute Resolution Processes must ensure that

local dispute processes are accessible, decision-makers receive training; parents/youth have opportunities to present complaints

State Dispute Resolution Processes must ensure that parents/youth can appeal to the SEA, which can issue binding decisions; procedures to resolve disputes between LEAs; processes for providing supplemental academic support if student’s rights are violated

Issues: youth lack credits due to mobility and attendance issues; creates a barrier to retention in school

S. 2800/H.R. 5285: Requires policies to ensure youth receive credit for full or

partial coursework satisfactorily completed at a prior school, receive credit after they are enrolled, and have opportunities to recover credits lost during homelessness

Issues: barriers persist for academic programsS. 2800/H.R. 5285:

Ensures that children and youth who meet the relevant criteria have access to magnet school, summer school, charter schools, field trips, activities with fees

Requires policies and practices to ensure children and youth have opportunities to meet the same State standards to which other students are held

Issues: barriers persist to homeless children’s participation in many extra-curricular activities

S. 2800/H.R. 5285: Ensures that children and youth have access to extra-

curricular activities, athletic activities for which they meet skill level requirements, paying attention to barriers caused by fees, enrollment deadlines, transportation

Issues: unaccompanied youth face additional barriers; fears about liability impede compliance

S. 2800/H.R. 5285: Requires liaisons to ensure unaccompanied youth are

enrolled, have opportunities to meet State standards, and are verified for FAFSA if seeking to pursue higher education

No liability for complying with M-V and enrolling without parents or guardians

Issues: MV’s reach is narrow; lack of capacity, fragmented nature of early childhood programming creates barriers

S. 2800/HR 5285 Requires preschool programs funded, administered, or

overseen by SEA or LEA to identify and prioritize homeless preschool children for enrollment, comply with other parts of M-V; develop capacity to serve all homeless children

Requires other State-funded preschool programs to identify and prioritize for enrollment, comply with other parts of M-V except transportation and disputes; develop capacity to serve all homeless children

Issue: current authorized level of $70 million is too low; only 9% of LEAs receive MV subgrant funding

S. 2800/H.R. 5285: raises authorized funding level to $300 million

Issues: too many “loopholes” in law; problematic interpretations from ED

S. 2800: Clarifies that setaside is for schoolwide, targeted, and non-participating

schools The setaside amount must be based on a needs assessment that includes

clear, objective criteria, including poverty level, numbers of homeless identified by LEA/Head Start/RHYA/Providers, gaps identified by liaison, transportation

The setaside amount must be determined collaboratively with the liaison and describe how liaison will have access

Authorizes use of setaside for transportation to the school of origin and to assist position of the liaison

Local plan must describe how amount of set-aside matches need assessment

“Awaiting foster care placement” is vague and varies tremendously nationwide

State laws (AB 490 in CA) that are “McKinney-Vento-esque” have been positive for youth in foster care

Multiple connections between homelessness and foster care: similar issues of mobility and poor outcomes; sometimes these are the same children and youth (homeless prior to and after care)

In light of the above, legislative advocacy in 2007 focused on including all children in foster care in McKinney-Vento

Children in foster care have unique needs: many actors, educational decision-making can be complexThe focus on homeless students, who are more difficult to identify and have fewer advocates, will be lost; child welfare is a much bigger playerMV does not have the capacity to meet all currently eligible students (state coordinator and local liaison capacity, as well as transportation costs)Child welfare agencies will be “let off the hook” for their responsibilities (newly enacted legislation, H.R. 6893 addresses some, but not all, of these issues)

S. 2801: Fostering Success in Education ActThe educational needs of children in foster care are addressed through a separate educational program with separate funding streamContains similar provisions to McKinney-Vento: students can stay in school of origin, immediate enrollment, designated liaisons, etc.Child welfare agencies required to pay for transportation to school of origin and to designate education coordinator at local child welfare agenciesIf these protections are in place for foster youth, “awaiting foster care placement” could be removed from McKinney-Vento

NAEHCY is a grassroots organizationFor existing proposals, please send comments,

examples, data to bduffield@naehcy.orgFor legislative e-mails, send an e-mail request to

bduffield@naehcy.orgFor web updates: www.naehcy.org/update.html