A Federal Education Policy Update National Association for the Education of Homeless Children and Youth 21st Annual Conference Denver, CO November 16, 2009

McKinney-Vento EHCY Reauthorization: Status Update Draft legislation introduced in 2007, including H.R. 3205, our then “dream bill” No action taken in 2008 due to election 2009: new “dream bill” likely introduced this week in Senate: “Educational Success for Children and Youth Without Homes Act of 2009” 2010: ESEA reauthorization re-commences

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 Recommendation: state coordinators and local liaisons must have “sufficient training, resources, and time” to carry out duties

School Selection Provisions Issues: “to the extent feasible” weakens law; problems with feeder schools Recommendations: –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 Recommendation: –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or is unable to pay fees in school selected –Clarifies records must be released even if student owes fees or is not withdrawn in accordance with local procedures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 Recommendations: –Raise authorization level to $300 million –Explicitly authorize Title I Part A to be used for transportation to school of origin

Dispute Resolution Provisions Issues: procedures not accessible, ability of state to ensure compliance Recommendations: –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

Credit Accrual and Recovery Issues: youth lack credits due to mobility and attendance issues; creates a barrier to retention in school Recommendation: –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

Access to Academic Support Issues: barriers persist for academic programs Recommendations: –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

Access to Extra-Curricular Activities Issues: barriers persist to homeless children’s participation in many extra-curricular activities Recommendation: –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

Unaccompanied Youth Issues: unaccompanied youth face additional barriers; fears about liability impede compliance Recommendation: –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

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

Authorized Funding Level Issue: current authorized level of $70 million is too low; only 9% of LEAs receive MV subgrant funding Recommendation: raise authorized funding level to $300 million

Title I Part A: Set-asides Issues: too many “loopholes” in law; problematic interpretations from ED Recommendations: –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, H.R addresses some, but not all, of these issues)

Children and Youth in Foster Care 2009 Approach: The educational needs of children in foster care are addressed via another part of federal law to allow for unique focus on each population; Reforms include ability to stay in school of origin, immediate enrollment, liaisons, etc. Child welfare agencies required to pay for transportation and to designate education coordinator at local child welfare agencies “Fostering Success in Education Act of 2009,” Senator Franken, introduced this week “Awaiting foster care placement” would be removed from McKinney-Vento once additional protections are in place for foster youth through separate program

Possible Additions to the Agenda Where does MV fit in big picture of accountability, high school reform, drop- out prevention, early childhood, parent involvement, etc? What are we missing?

Advocacy Needed Now! Please urge your U.S. Senator to sign up as a sponsor of the “Educational Success for Children and Youth Without Homes Act of 2009” sponsored by US Senator Patty Murray and the “Fostering Success in Education Act of 2009” sponsored by US Senator Al Franken for contact informationwww.senate.org for advocacy alert and summarywww.naehcy.org/update.html

Next Steps For existing proposals, please send comments, examples, data For legislative s, send request to (or give me your card/paper with address) For web updates:

Other Pending Education Legislation Full Service Community Schools Act Keeping PACE Act WE CARE Act DIPLOMA Act RAISE UP Act

Full Service Community School Act Bill number: H.R. 3545/S.1655 Sponsors: Majority Leader Steny Hoyer (D-MD) and Sen. Ben Nelson (D-NE) Brief Summary: Purpose: Strengthen student success by supporting public/private partnerships that integrate services into schools. Eligible Entity: Partnership between LEAs and community organizations Allowable use of funds: child care, job training for parents, health/mental health services, etc. Pending Legislation:

Keeping PACE Act Bill number: S.1411; H.R Sponsors: Senator Edward Kennedy (D-MA) and Rep. Donald Payne (D-NJ) Brief Summary: Purpose: Increase graduation rates and student performance Eligible Entity: LEAs; CBOs, Consortia (depending on funding stream) Allowable use of funds: (1) Parent and community engagement coordinators (2) Coordinating community based services into schools (3) Renovating school facilities to be used as centers of community Pending Legislation:

WE CARE Act Bill number: Introduction Pending Sponsors: Dave Loebsack (D-IA) Brief Summary: Purpose: Strengthen achievement by meeting the comprehensive needs of students Eligible Entity: LEAs/CBOs Allowable use of funds: (1) Address student non-academic needs in SEA/LEA plan (2) Use SES for integrated student support services (3) Community Involvement Policies Pending Legislation:

DIPLOMA Act Bill number: Introduction Pending Sponsors: Pending Brief Summary: Purpose: Strengthen achievement by meeting the comprehensive needs of students Eligible Entity: Broad partnerships among LEAs, CBOs, and other stakeholders Allowable use of funds: (1) Formula grants to states; competitive grants to partnerships (2) Service coordination/integration (3) Service provision – early childhood, housing assistance, health services, and more. Pending Legislation:

RAISE UP Act Bill number: S.1608/H.R Sponsors: Senator Debbie Stabenow (D-MI); Rep. Dale Kildee (D- MI); Rep. Vern Ehlers (R-MI) Brief Summary: Purpose: Prepare disadvantaged youth for a competitive future Eligible Entity: Broad partnerships among local stakeholders Allowable use of funds: Dropout recovery systems that provide comprehensive services, including (1) Academic assistance (2) Workforce preparation (3) Wraparound services (including housing) * Special note: homeless youth are a priority population Pending Legislation:

Contact Information Children in the Budget: Phillip Lovell Vice President, Education, Housing and Youth Policy Phillip Lovell Vice President, Education, Housing and Youth Policy