Current Issues in Homeless Education

Barbara DuffieldNational Association for the Education of Homeless Children

and Youth

2009 Ohio Homeless Education Workshop

October 13, 2009

NAEHCY • www.naehcy.org 2

Homelessness: Numbers and Homelessness: Numbers and TrendsTrends

• 10% of all children living in poverty over the course of a year

• New research: 7% of all fifth graders have lived in a shelter or car (11% for low-income and African American)

• Nationwide, 794,617 homeless students (preK-12) enrolled in public schools in the 2007-08 school year - 17% increase over previous year

• Ohio: 14,483 homeless students in 2007-2008

NAEHCY • www.naehcy.org 3

Homelessness: Current Homelessness: Current Numbers and Trends, Numbers and Trends,

ContinuedContinuedThe economic downturn and foreclosurecrisis have had a significant impact onhomelessness: according to a national survey, one in five responding school districts reported having more homeless children in the fall of 2008 than over the course of the entire 2007-2008 school year.

Current Trends in Homeless Living Current Trends in Homeless Living SituationsSituations

• Children who lack a fixed, regular, and adequate nighttime residence—– Sharing the housing of others due to loss of

housing, economic hardship, or similar reason[65% of identified students in 2007-2008; 55% in Ohio]

– Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations[Motels: 7% of identified students in 2007-2008; 4% in Ohio]

– Living in emergency or transitional shelters[22% of identified students in 2007-2008; 39% in Ohio]

• Awaiting foster care placement• Living in a public or private place not

designed for humans to live• Living in cars, parks, abandoned

buildings, substandard housing, bus or train stations, or similar settings

• Migratory children living in above circumstances

Current Trends in Homeless Living Current Trends in Homeless Living SituationsSituations

Why are So Many Students Why are So Many Students Doubled-Up?Doubled-Up?

- Shelters are often full; shelters may turn families and youth away, or put them on waiting lists

- Shelters do not exist in many suburban and rural areas

- Eligibility conditions of shelters often exclude families with boys over the age of 12, or unaccompanied minors

- Motels may not be available, or may be too expensive

- Youth on their own may fear adult shelters- Shelters often have 30, 60, or 90 day time limits- Families/youth may be unaware of alternatives,

fleeing in crisis, living in over-crowded, temporary, and sometimes unsafe environments

McKinney-Vento in Law and Practice: Collaboration is Key

• Local liaisons must coordinate with community agencies to provide referrals to health care services, dental services, and mental health services; and other appropriate services.

• LEAs must coordinate with State and local housing agencies responsible for developing comprehensive housing affordability strategies

• Liaisons must, as a part of their duties, coordinate and collaborate with community and school personnel responsible for the provision of education and related services to homeless children and youths.

New Housing Policies to Address Homelessness

• Protections for renters in foreclosed properties

• Rewriting of law governing HUD homeless assistance programs

Renter Protections

• Up to 40% of foreclosed properties occupied by renters

• Most states offer few protections – foreclosure means lease is terminated and tenant can be evicted at any time

• These evictions are helping to drive current spike in family homelessness

Renter Protections

• “Regular” (not Section 8) tenants– If they have a lease, they can stay until it

ends– EXCEPTION – If purchaser will use

property as primary residence, 90 days notice can be given even if lease runs longer

– If no lease or lease w/ in 90 days of expiring, must be given 90 days notice

Renter Protections

• Section 8 tenants– New owner post foreclosure takes

property subject to existing lease between old owner and tenant AND the Section 8 contract between old owner and PHA. So no change post-foreclosure.

– EXCEPTION – If purchaser will use property as primary residence, 90 days notice can be given even if lease runs longer

Renter Protections

• Effective immediately• Serve as a floor; if current or future

state law is better, then that law applies

• Expire December 31, 2012– Meant to deal with current crisis

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization• Homeless Emergency Assistance

and Rapid Transition to Housing (HEARTH) Act

• Complete re-write of law governing HUD homeless programs

• HUD will have to write new detailed regulations

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization• When is the new law effective?

– Homeless definition – 6 months (11/20/09)

– HUD given 12 months to write regulations (5/20/10)

– Remainder of bill effective 3 months after final regulations (8/20/10) or 18 months after bill passed (11/20/10) – in case regulations not completed on time

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization• Amends HUD definition of homeless

– In motels if families/youth have resources to stay no more than 14 days

– Doubled-up families/youth if they can only stay there for 14 days

– Sub-categories of MV education definition (long time, multiple moves, barriers to housing)

– Fleeing DV or other dangerous conditions (including for kids)

– Needlessly complex, but if providers know rules, many people can be covered

– No counts of newly defined homeless persons– Rest of people covered by ED definition are “at risk”

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization• Housing requirements / incentives

– 10% of funds for permanent housing for homeless families with children

– No disability requirement for permanent housing

– 30% of funds for permanent housing for disabled individuals or families with disabled head of household

– Families can be considered chronically homeless if head of household is disabled and other criteria are met

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization• Rural communities

– Can serve all populations with all interventions, whether “at risk” or “homeless”

– Defined as areas with population density of less than 30 per square mile, in states where more than 1.25% of land is federal

– Unclear for now what areas are covered; must wait for HUD to determine this

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization:Provisions Related to Children and

Youth• Continuum of Care (CofC) plans must describe collaboration with LEA, including identification and informing of rights

• 2 years after enactment (5/20/11), no denying shelter based on age unless appropriate alternative living arrangements made

• Programs providing services to families or youth must designate a staff person to ensure children/youth enrolled in school and receiving services

Recently Enacted Legislation:HUD McKinney-Vento

Reauthorization:Provisions Related to Children and

Youth• Agencies must certify they will not restrict the

exercise of educational rights

• Educational needs of children must be taken into account when placed in shelter, placing children, to the maximum extent practicable, close to school of origin

Federal Financial AidFederal Financial Aid

• Youth who meet the definition of “independent student” can apply for federal aid without parental income information or signature.

• Unaccompanied homeless youth are automatically considered independent students.– Must be verified as unaccompanied and homeless

during the school year when application is submitted.

• Youth who are unaccompanied, at risk of homelessness, and self-supporting are also automatically considered independent students– Must be verified as such during the school year in

which the application is submitted.

Federal Financial Aid Federal Financial Aid (cont.)(cont.)

• 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– a financial aid administrator.

• Youth in foster care and those who aged out of foster care are also automatically considered independent students.

• Youth who have been in foster care at any time after age 13 will automatically be considered independent students as of July 1, 2010.

• Sample verification template at www.naehcy.org

Supporting Documents

• FAFSA Tips for Unaccompanied Youth• FAFSA Tips for Foster Youth• Helping Unaccompanied Homeless Youth

Access College Financial Aid• Income Tax and the FAFSA for

Unaccompanied Homeless Youth• Unaccompanied Homeless Youth

Verification For the Purposes of Federal Financial Aid

• http://www.naehcy.org/higher_ed.html

22

Application and Verification Guide

• Located on ED website at http://ifap.ed.gov/fsahandbook/0910AVG.html

• If a student does not have, and cannot get, verification from a liaison, RHYA provider, or HUD provider, a financial aid administrator must make a determination of homeless/unaccompanied status

• This is not an exercise of professional judgment or a dependency override, but should be processed as such for this year; a separate question will be added next year

Application and Verification Guide - 2

• Determinations should be made on a case-by-case basis (see NCHE’s Determining NCHE’s Determining Eligibility Eligibility http://www.serve.org/nche/downloads/briefs/det_elig.pdf))

• A student living in a dormitory who would otherwise be homeless should be considered homeless

• A student fleeing abuse and living in homeless living situations may be considered homeless even if the parent would provide a place to live

Application and Verification Guide - 3

• No prescribed documentation for FAA evaluation of living arrangements, but it must demonstrate that student meets the definition

• Determination may be made on the basis of a documented interview with the student if no written documentation is available

• FAAs may rely upon a determination from another school that a student met definition

• Students older than 21 but younger than 24 who would otherwise meet the definition qualify for a dependency override

FAFSA Changes• New Draft FAFSA available for public

comment by November 4• Comments may be submitted

electronically through e-mail to FAFSA.Comments@ed.gov

• Draft FAFSA is on the web: http://www.ifap.ed.gov/fafsa/1011FAFSADraft.html

FAFSA Changes• Questions 56-58 on draft FAFSA are

for homeless youth• Notes define “youth” as 21 or under

or still in high school when signed• Notes tell youth to answer “no” if

they do not have a determination, but do not instruct on how to get a determination from liaison

Head Start Reauthorization: Head Start Reauthorization: EEligibilityligibility

• Homeless children are categorically eligible for Head Start - 42 U.S.C. 9840(a)(1)(B)

• Verification of homeless living situation suffices for eligibility (i.e. no documentation of income required)

o Under McKinney-Vento, determinations of eligibility are case-by-case, individualized (see NCHE brief)

NCHE’s Determining Eligibility brief is available at: NCHE’s Determining Eligibility brief is available at:

http://www.serve.org/nche/downloads/briefs/det_elig.pdfhttp://www.serve.org/nche/downloads/briefs/det_elig.pdf

Head Start Head Start Reauthorization: Reauthorization:

EnrollmentEnrollmentRequires Secretary of HHS to issue regulations to remove barriers to the enrollment and participation of homeless children, including requiring Head Start agencies:

1) to implement policies and procedures to ensure that homeless children are identified and prioritized for enrollment;

2) to allow families of homeless children to apply to, enroll in, and attend Head Start programs while required documents are obtained within a reasonable time frame; and

3) to coordinate individual Head Start programs with efforts to implement subtitle B of title VIII of the McKinney-Vento Homeless Assistance Act

New Title I Part A GuidanceNew Title I Part A Guidance

• New guidance issued as part of ARRA guidance on September 4, 2009• Homeless children eligible for Title I regardless of which school they attend•To the extent that Title I Part A services increase because of ARRA, the obligation increases to provide services for homeless students in non-participating schools• Title I funds may be used for services not ordinarily provided to other Title I services

Examples of Title I Examples of Title I Services:Services:

•Items of clothing, particularly if necessary to meet a school’s dress or uniform requirement• Clothing and shoes necessary to participate in physical education classes• Student fees that are necessary to participate in the general education program• Personal school supplies such as backpacks and notebooks• Birth certificates necessary to enroll in school• Immunizations• Food• Medical and dental services• Eyeglasses and hearing aids

Examples of Title I Examples of Title I Services:Services:

•Counseling services • Outreach services • Extended learning time• Tutoring services• Parental involvement • Fees for AP and IB testing• Fees for SAT/ACT testing• GED testing for school-age students

Principles Guiding the Use Principles Guiding the Use Title I Services for Homeless Title I Services for Homeless

Students:Students:•Services must be reasonable and necessary to enable homeless students to take advantage of educational opportunities•Fund must be used as a last resource when funds or services are not reasonably available from other public or private sources•An individual paid, in whole or in part, with Title I, Part A funds, including Title I, Part A ARRA funds, may also serve as a homeless liaison.

McKinney-Vento FundingMcKinney-Vento Funding

• $65 million in FY2009• $70 million in ARRA funds• Pending FY2010 budget: $65 million• FY2011?• We must carefully document the impact of ARRA funds on our ability to identify and serve homeless children and youth

McKinney-VentoEHCY Reauthorization:

Status Update

• Draft legislation introduced in 2007, including H.R. 3205, our “dream bill”

• No action taken in 2008 due to election

• 2009: possible action in late fall; more likely early next year

Contact InformationBarbara DuffieldPolicy DirectorNational Association for the Education of Homeless

Children and YouthPhone: 202.364.7392Email: bduffield@naehcy.orgWeb: www.naehcy.org