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legislative update




HEARTH Act Signed by President Obama on May 20
Last update: 5/20/09

FY 2010 Funding for the Education for Homeless Children and Youth Program
Last update: 5/20/09

Economic Stimulus and Funding for Homeless Children and Youth
Last update: 2/16/09

The McKinney-Vento Homeless Assistance Act/No Child Left Behind Act Reauthorization
Last update: 12/21/08

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HEARTH Act Signed by President Obama

Last Update: June 16, 2009

Congress passed S. 896, the Helping Families Save Their Homes Act of 2009 and Fraud Enforcement and Recovery Act 2009 on May 19, 2009 and the President signed it the following day.

S. 896 also includes the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act, which reauthorizes the HUD McKinney-Vento Homeless Assistance Act programs and amends HUD's definition of homelessness. This bill is reauthorized for only two years, and NAEHCY remains committed to homeless policy that allows community providers' to respond to the local needs they have identified.

Please read NAEHCY's statement on the passage and enactment of the bill, next steps, and a summary of key provisions.

For More Information:

e-mail icon Please contact Barbara Duffield at bduffield@naehcy.org or 202.364.7392.



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Funding for the Education for Homeless Children and Youth Program (FY2010 appropriations)

Last Update: May 20, 2009

Background:

The Education for Homeless Children and Youth (EHCY) program removes barriers to the enrollment, attendance, and success of homeless children and youth in school. Congress established the EHCY to assist state and local educational agencies in implementing educational rights for homeless children and youth provided by the McKinney-Vento Homeless Assistance Act. Local school districts receiving EHCY funds as subgrants from state educational agencies use their moneys for outreach and identification, enrollment assistance, transportation assistance, school records transfer, immunization referrals, tutoring, counseling, school supplies, assessment, professional development for educators, and referrals for community services targeted to homeless students.

A March 2006 U.S. Department of Education report on the EHCY program concluded that "states and local educational agencies (LEAs) have generally made significant progress in reducing the barriers that homeless children and youth face in enrolling, attending, and succeeding in school. The legislation has prompted States and LEAs to focus more on the needs of homeless students and has helped facilitate the expansion of local support networks to meet those needs... Although the appropriation levels for this program are relatively small, the impact of the program has been very widespread."

Despite these successes, the extremely limited resources available to the EHCY program have created challenges for schools in fully implementing the provisions of the McKinney-Vento Act and in reaching all children and youth experiencing homelessness. The EHCY program was funded at $65 million in FY2009. Between the 2006-2007 school year and the 2007-2008 school year, there was a 17% increase in the number of homeless students identified by public schools (from 679,724 homeless students to 794,617 homeless students). Yet in 2007-2008, states were able to provide subgrant funds to only nine percent of school districts nationwide. Forty-one percent of students identified by local educational agencies as homeless are in school districts that do not receive subgrants. This school year, 2008-2009, increases in homelessness are even more severe due to the economic downturn, with many school districts reporting spikes in the numbers of homeless students (see "The Economic Crisis Hits Home" for school district survey data).

Increased funding for the EHCY program would allow significantly more homeless children and youth to receive the services they need to succeed. It would also enable more schools to provide a greater level of support to children experiencing homelessness, particularly the outreach, enrollment assistance, referral, counseling, and transportation services that are essential in ensuring school access and stability.

Action Needed:

Please contact your Members of Congress and ask them to support at least $210 million in EHCY funding for FY2010. Contact information for U.S. Senators may be found at http://www.senate.gov and for U.S. Representatives at www.house.gov

For More Information:

e-mail icon Please contact Barbara Duffield at bduffield@naehcy.org or 202.364.7392.

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Economic Stimulus and Funding for Homeless Children and Youth

Last Update: February 16, 2009

Background : A recent voluntary survey conducted during the fall of 2008 by NAEHCY and First Focus found that many school districts across the country are witnessing large increases in the number of homeless students in the classroom, largely due to the economic and housing crises. The survey also found that school districts are struggling to provide necessary services to all children and youth who are experiencing homelessness.

The McKinney-Vento Act's Education for Homeless Children and Youth (EHCY) program helps to ensure that students who are forced to move from their homes do not also have to leave their schools. In addition, the program provides homeless students with a variety of supports, such as tutoring, school supplies, and counseling, among others, to help stabilize their education even though the rest of their lives are fraught with uncertainty.

Provisions in Final Economic Recovery Legislation: The American Recovery and Reinvestment Act includes $70 million for the McKinney-Vento Act's Education for Homeless Children and Youth (EHCY) program.

The U.S. Department of Education is required to provide the EHCY funding to State Educational Agencies within 60 days of the legislation's enactment. The EHCY funding must be allocated to States based upon on the state's share of the total number of students reported in the 2007-2008 school year. States must distribute the money to local school districts within 120 days of receipt of funds. States may award the money to school districts using a formula based on the number of homeless students, or on a competitive basis.

In addition to the EHCY funding, the final legislation includes:
  • $53.6 billion for a State Fiscal Stabilization Fund intended to prevent cutbacks in critical education and other services. Governors must use 81.8% of the State's allocation for the support of elementary, secondary, and postsecondary education and, as applicable, early childhood education programs and services
  • $13 billion in Title I funding ($10 billion in formula grants to local school districts, $3 billion for school improvement grants)
  • $11.3 billion for Special Education Funding to States (IDEA Part B)
  • $500 million for Special Education Infants and Families (IDEA Part C)
  • $1.2 billion for Early Head Start
  • $1 billion for Head Start
  • $2 billion for the Child Care Development Block Grant
  • $1.5 billion for homelessness prevention activities through the Emergency Shelter Grant program administered by the U.S. Department of Housing and Urban Development
  • $100 million for the Emergency Food and Shelter Program administered by Federal Emergency Management Agency
The final legislation did not include Senator Stabenow's amendment to allow homeless and formerly homeless students to pursue their education full-time while living in housing financed by the Low Income Housing Tax Credit. Senate sponsors of the amendment are committed to seeking alternative legislative vehicles for enactment of this critical provision.

Chart of Child-Related Provisions:
First Focus has created a chart of child-related provisions in the stimulus. To download this chart, visit http://www.firstfocus.net/Download/StimulusSide-by-Side.pdf

For More Information:

e-mail icon Please contact Barbara Duffield at bduffield@naehcy.org or 202.364.7392.

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McKinney-Vento Homeless Assistance Act/No Child Left Behind Act Reauthorization

Last update: December 21, 2008

Homeless Education Legislation: Homeless Children and Youth Supported Through Transportation, Liaisons, Title I, Part A

Background:

On July 27, 2007, Congresswoman Judy Biggert (R-13th/IL) was joined by Congressman Raúl Grijalva (D-7th/AZ) and Congressman John P. Sarbanes (D-3rd/MD) in introducing the Homeless Education Improvement Act of 2007, H.R. 3205. H.R. 3205 builds upon effective law and lessons learned by schools, service providers, families, and youth. It includes many of the recommendations for amendments to the McKinney-Vento Act and Title I, Part A that came out of focus groups organized by NAEHCY and NLCHP.

Download a brief summary of this legislation.

Status Update:

Work will continue on legislation to reauthorize the McKinney-Vento Homeless Assistance Act and the Elementary and Secondary Education Act in the 111th Congress in 2009.

For More Information:

e-mail icon Please contact Barbara Duffield at bduffield@naehcy.org or 202.364.7392.

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