Legislative and Policy Update

1. Patricia Julianelle, Legal Director Project HOPE Conference December 2, 2013 Legislative and Policy Update

2. Legislative and Policy Issues • Budget/Sequestration/FY2014 Appropriations • SNAP (Food Stamps) • ESEA Reauthorization (McKinney-Vento and Title I) • Child Care • Higher Education Act • Universal Preschool Legislation

3. Federal Budget: Budget, Sequestration,FY2014 Appropriations • Last year, Congress failed to reach an agreement on how to reduce the deficit by at least $1.2 trillion • Sequestration resulted in a 5.5% across-the-board cut to FY2013 funding (school year 2013-2014) • McKinney-Vento funding is now funded $61.7 million

4. Federal Budget: Budget, Sequestration,FY2014 Appropriations • Agreement to re-open the government includes a House-Senate budget conference committee charged with making recommendations for a budget resolution that sets overall numbers for discretionary and mandatory funding, and revenue for FY2014 • The report is due by December 13 • Appropriators must make funding decisions for individual programs, or implement sequestration, by January 15

5. What’s at Stake for Children,Youth, and Families • McKinney-Vento and other education programs, as well as homeless and housing programs, subject to more cuts (across-the-board and/or individual) • Income and health programs that keep people in housing subject also to cuts • End result = more child and youth homelessness, and less support to help them out of homelessness

6. Federal Budget Action Steps • Communicate the value of homeless programs, and the impact of cuts • Visits during weekends or Congressional recesses are ideal, but calls/letters NOW Children’s Defense Fund alert: • http://www.childrensdefense.org/take-action/online.html

7. SNAP (Food Stamps) • Good news: new USDA guidance on unaccompanied Youth and SNAP • Bad news: House and Senate are working on a final version of the Farm bill • House bill cuts $40 billion from SNAP; low-income working families lose benefits, children lose school meals ACTION NEEDED NOW • www.feedingamerica.org

8. McKinney-Vento, Title I, and Elementary and Secondary Education A Reauthorization • Reauthorization is the opportunity to make substantive changes to the law • Congress has been working on this legislation since 2007, but partisan differences and other Congressional priorities have prevented it from moving forward • Major action in 2007, 2011, and 2013

9. Major Issues in ESEA Reauthorization • McKinney-Vento Personnel: State Coordinators and Local Liaisons • School Stability Provisions (“Feasibility”) • Enrollment • Transportation • Disputes • Credits/Academic Support • Extra-curricular activities • Unaccompanied Youth • Preschool Children • Funding Level • Title I, Part A Setasides • Children and Youth in Foster Care

10. Congressional Action This Year • S. 1094, “Strengthening America’s Schools Act,” passed out of Senate HELP Committee • Contains most of NAEHCY’s recommendations for amending McKinney-Vento and Title I • H.R. 5, “Student Success Act,” passed the full House on July 19 • Contains some of NAEHCY’s recommendations • See www.naehcy.org for more details

11. Child Care Reauthorization • Senate HELP Committee passed S. 1086, a bipartisan CCDF reauthorization bill, to reauthorize the Child Care Development Block Grant on September 18 • Requires States to establish a grace period for records/requirements for homeless families, use funds for identification, outreach, and services, sliding scale for fees • Action possible next year

12. Higher Education and Unaccompanied Homeless Youth • Unaccompanied homeless youth added to FAFSA in 2007 reauthorization; homeless students added to TRIO and GEAR UP in 2008 • Some progress, but continuing barriers…

13. FAFSA Statistics • Highest number of homeless applicants (CA, TX, IL, MI, WA, FL, OR, NY, OH, MO, CO) • Applicants indicating homelessness on FAFSA through liaison, RHYA, HUD • 2011-2012 – 25,953 • 2012-2013 – 27,492 • Total number of FAFSA applicants with any homelessness indication (liaison, RHYA, HUD, or FAA) • 2011-2012 – 53,705 • 2012-2013 – 58,151

15. NAEHCY Survey: Liaisons

16. Higher Education Act Reauthorization S., 1754, the Higher Education Access and Success Act for Homeless and Foster Youth • Clarifies that youth under age 24 who are determined to be unaccompanied and homeless are considered independent students; • Expands the entities authorized to make determinations of unaccompanied homeless youth status to include private and publicly funded shelters and homeless service programs, TRIO programs, and GEAR-UP programs; • Requires financial aid administrators to make determinations of unaccompanied homeless youth status for youth who cannot get determinations from other authorities

17. HEA Bill for Homeless/Foster, 2 • Eliminates the requirement for unaccompanied homeless youths’ status to be re-determined every year. Creates a presumption that these students will continue to be independent unless the student’s circumstances have changed, or the financial aid administrator has conflicting information; and • Requires the Student Loan Ombudsman to receive, review and expeditiously resolve complaints regarding the independent student status of homeless and foster youth • Provides homeless and foster youth in-state tuition to reduce barriers to college attendance due to lack of financial support;

18. HEA Bill for Homeless/Foster, 3 • Prioritizes homeless and foster youth for the federal work study program • Designates a single point of contact to assist homeless and foster youth to access and complete higher education; • Requires IHEs to: • Post public notice about financial and other assistance available to homeless and foster youth; • Develop a plan to assist homeless and foster youth to access housing resources during and between academic terms; and • Include in applications questions about homeless or foster status, that youth can answer voluntarily to receive assistance accessing financial aid and other resources.

19. HEA Bill for Homeless/Foster, 4 Requires TRIO and GEAR-UP Programs to: • Identify, conduct outreach to, and recruit homeless and foster youth, in collaboration with child welfare agencies, homeless service providers, and school district homeless liaisons; • Include information on homeless and foster youth in outcome criteria and data collection; • Review and revise policies to remove barriers to the participation of homeless and foster youth; and • Describe successful outreach activities and strategies to meet the needs of homeless and foster youth

20. Universal Pre-K Legislation S. 1697 and H.R. 3462 – Strong Start for America’s Children Act • Establishes new federal-state partnership to increase access to high quality prekindergarten programs for low and moderate income children • A phased-in federal-state match with formula grants to states based on the state population of low-income 4-year-olds • Eligible states must offer state-funded preK, have early learning standards, and be able to link preK data to K-12 data • States provide local grants to LEAs, early education providers, or consortia • States can reserve up to 15% of funds for low-income children birth to three year-olds

21. Universal Pre-K Legislation S. 1697 and H.R. 3462 – Strong Start for America’s Children Act : • Definition of homelessness consistent with McKinney-Vento education • State applications must describe coordination with McKinney-Vento education programs • In awarding subgrants for infants and toddlers, States must give preference to programs that have a plan to increases services to homeless children • State performance measures must track progress in increasing school readiness in all domains for homeless children

22. Universal Pre-K Legislation Local entity applications must: • Describe how parents will be engaged and ensure that parents are aware of services provided, including outreach to encourage eligible families to participate, including homeless families • Describe how the entity will develop and implement a system to increase program participation of homeless children

23. Universal Pre-K Legislation Local entity applications must adopt policies and procedures that require: • outreach to identify homeless children; • immediate enrollment while records are obtained; • continuous enrollment and participation, even if a child moves out of the service area, if that is in the child’s best interest, including providing transportation when necessary; • professional development on homelessness for preK staff; and • collaboration with homeless liaisons and service providers

24. Universal Pre-K Legislation Hearings expected next year • Go to www.childrensdefense.org to write a letter showing support • Edit the sample letter to voice support for homeless provisions