Federal Policy & Legislative Updates on Homeless Education October 5, 2011

Federal Policy & Legislative Updates on Homeless EducationOctober 5, 2011 Barbara Duffield National Association for the Education of Homeless Children & Youth Ohio Association of Administrators of State and Federal Education Programs Columbus, OH October 5, 2011

McKinney-Vento Funding: Current Status Current level: $65.3 million President’s budget: $65.3 million This funding has not changed significantly in four years, while the number of homeless students in preK-12 has increased by 38% over the same time period Reaches 18% of all school districts nationwide

FY2012 Appropriations Senate has allocated .2% less than FY2011 for Labor-HHS-Education programs, but still $17 billion more than the House allocation Unclear if there will be individual spending bills, or one omnibus measure Budget climate is very difficult due to deficit reduction and pre-election politics Still, the needs at the community and state level must be made known See www.naehcy.org/update.htm for link to SparkAction online alert

American Job’s Act: Education Provisions $35 billion to prevent up to 280,000 teacher layoffs and keep police officers and firefighters on the job; estimated $1,093,800,000 for Ohio to support 14,200 jobs $25 billion to modernize school infrastructure in 35,000 schools; estimated $985,000,000 to support 12,800 jobs in Ohio $15 billion to for rehabilitating and refurbishing vacant and foreclosed homes and businesses; Ohio could receive about $577,200,000.

McKinney-Vento EHCY Reauthorization: Legislation Introduced Reauthorization is the opportunity to make substantive changes to the law March 2011: S. 571, “The Educational Success for Children and Youth Without Homes Act of 2011” introduced in U.S. Senate (Murray/Franken/Begich) March 2011: H.R. 1253, introduced in U.S. House (Biggert/Kildee/Grijalva)

McKinney-Vento EHCY Reauthorization: Status Update US Senate: negotiations continue with goal of committee action this Fall US House: passing smaller bills rather than one large ESEA bill. “Special populations” title to be taken up this fall Unlikely to see final passage of ESEA, but creates starting point for next Congress NAEHCY goal: to see as many S.571/HR 1253 provisions included in these bills

Major Issues in M-V EHCY 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

McKinney-Vento Personnel:State Coordinators, Local Liaisons Issues: lack of time; lack of training; lack of resources S. 571/H.R. 1253: 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

School Selection Provisions Issues: “to the extent feasible” weakens law; problems with feeder schools S. 571/H.R. 1253: 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

Enrollment Provisions Issues: fees remain a significant barrier S. 571/H.R. 1253: 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

Transportation Provisions Issues: lack of funding creates implementation problems; subgrants don’t reach all LEAs S. 571/H.R. 1253: Raise authorization level to $300 million Explicitly authorize Title I Part A to be used for transportation to school of origin S. 571: Raise authorization level to $300 million

Preschool Children Issues: MV’s reach is narrow; lack of capacity, fragmented nature of early childhood programming creates barriers S. 571/H.R. 1253: 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

Title I Part A: Set-asides Issues: too many “loopholes” in law; problematic interpretations from ED S. 571/H.R. 1253: 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

Children and Youth in Foster Care “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 and Youth in Foster Care Concerns about inclusion: Children in foster care have unique needs: many actors, educational decision-making can be complex The focus on homeless students, who are more difficult to identify and have fewer advocates, will be lost; child welfare is a much bigger player MV 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, Fostering Connections addresses some, but not all, of these issues)

Children and Youth in Foster Care Current Advocacy: Consensus among most advocates: School of origin rights and immediate enrollment provisions in ESEA (reciprocal mandates to Fostering Connections) Questions and challenges: Who pays for transportation? Should there be “points of contact” for students in foster care, and if so, how to ensure that homeless liaisons don’t end up with the added responsibility?

Head Start – A Perfect Match for Homeless Families • Provides comprehensive services – health, mental health, dental, special education – that homeless children may not otherwise receive • Focuses on the entire family – parents receive support in reaching economic self-sufficiency • Community partnerships place Head Start in an excellent position to work with agencies serving homeless families • Establishes categorically eligibility for homeless children. Programs must identify homeless children and prioritize them for enrollment.

Head Start Act of 2007:Challenges and Opportunities • The Head Start Act was reauthorized in 2007. • The Office of Head Start has yet to promulgate regulations enacting these changes, specifically the requirement to identify and prioritize homeless children for Head Start, and to allow homeless families to enroll while paperwork is obtained • OHS did release proposed regulations on documenting and verifying and documenting eligibility in April 2011, however, these regulations have not been finalized

Race to the Top Early Learning Fund • $500 million to states that plan to expand access to early-learning programs for children from low-income families and establish clear academic goals and strong evaluation systems • Emphasis on effective systems for “high needs children,” specifying young homeless children birth to K • Funds will be awarded in December 2011

HEARTH Act: Housing and Shelter Programs Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Authorizes and amends the McKinney-Vento homeless assistance programs administered by HUD Signed into law May 2009 Regulations not yet issued

HEARTH Act: Housing and Shelter Programs The HEARTH Act provides funding for homelessness prevention assistance, emergency shelter, permanent supportive housing, transitional housing, and supportive services Continuum of Care (CoC) is a regional or local planning body that applies for, receives, distributes, and coordinates homeless assistance funds in a geographic area.

HEARTH Act: Housing and Shelter Programs The Continuum of Care Assurances: Coordinate with LEA on identifying homeless students, and informing families/youth of educational rights Consider educational needs when placing children in shelter, placing as close to possible to school of origin

HEARTH Act: Housing and Shelter Programs Project Applicant (individual local homeless service agencies apply to the Continuum of Care for funding) Assurances: Demonstrate that policies are consistent with, and do not restrict, educational rights Designate staff to ensure children are connected to school and early childhood programs (Head Start, IDEA Part C, etc.)

Current Law: Q & A and Resources on Tricky Issues Identifying families and youth in doubled-up situations - http://www.serve.org/nche/downloads/briefs/det_elig.pdf Unaccompanied homeless youth http://www.naehcy.org/higher_ed.html http://www.naehcy.org/letendre_ab.html http://center.serve.org/nche/ibt/sc_youth.php http://www.1800runaway.org/

Current Law: Q & A and Resources on Tricky Issues Transportation-http://center.serve.org/nche/pr/incr_sch_stab.php www.utdanacenter.org/theo/downloads/factsheets/RP33b_Transportation_Rural.pdf Foster Care – www.fosteringconnections.org http://www.americanbar.org/groups/child_law/projects_initiatives/education.html

Next Steps For existing proposals, please send comments, examples, data For legislative emails, send email request to bduffield@naehcy.org (or give me your card/paper with email address) For web updates: www.naehcy.org/update.html

Federal Policy & Legislative Updates on Homeless Education October 5, 2011