[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1429 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1429

 To amend the Higher Education Act of 1965 to assist homeless students 
     in obtaining postsecondary education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2005

Mrs. Murray (for herself and Mr. DeWine) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to assist homeless students 
     in obtaining postsecondary education, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Access to Education for 
Students Who Are Homeless or in Foster Care Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to a study of foster care children in the 
        State of Washington, a child who enters foster care is likely 
        to have poorer academic outcomes than a child not in foster 
        care, even after controlling for a variety of factors such as 
        poverty.
            (2) Youth in foster care--
                    (A) are less likely to be enrolled in college 
                preparatory classes than non-foster care youth; and
                    (B) are more than twice as likely as non-foster 
                care youth (37 percent as compared to 16 percent) to 
                have dropped out of secondary school.
            (3) 50 percent of foster youth in the United States 
        graduate from secondary school, compared with 85 percent of 
        youth overall.
            (4) 70 percent of teens in foster care desire to go to 
        college.
            (5) A report from Casey Family Programs indicated that, 
        nationwide, less than 27 percent of foster youth who graduated 
        from secondary school went on to college, as compared to 52 
        percent of the general population. Moreover, the college 
        dropout rate among foster youth is far higher than the rate 
        among other students.
            (6) A May 2002 report issued by the University of 
        California at Berkeley found that, of more than 3,200 foster 
        care youth who attended a community college from 1992 through 
        2000--
                    (A) 39 percent earned between 1 and 17 credits;
                    (B) 40 percent of the foster care youth earned no 
                credits; and
                    (C) many of the foster care youth did not attempt 
                to take classes for credit, but rather were enrolled in 
                remedial or other non-credit classes.
            (7) Unaccompanied youth experiencing homelessness often 
        have left home for their own survival.
            (8) Although children and youth who experience homelessness 
        represent the full range of academic talents and abilities, 
        homelessness creates serious barriers to school enrollment, 
        attendance, and success.
            (9) The McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11301 et seq.) requires State educational agencies and local 
        educational agencies to ensure that homeless children and youth 
        receive a free and appropriate public education, but these 
        provisions do not reach beyond secondary education.
            (10) The barriers created by homelessness to kindergarten 
        through grade 12 education (extreme poverty, residential 
        instability, lack of documentation, and lack of awareness of 
        programs and resources) often are also barriers to 
        postsecondary education.
            (11) Higher education offers students experiencing 
        homelessness the best hope for escaping poverty and 
        homelessness as adults.

   TITLE I--FINANCIAL ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN 
                              FOSTER CARE

SEC. 101. NEED ANALYSIS.

    (a) Special Circumstances.--Section 479A(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1087tt(a)) is amended, in the third sentence, by 
inserting ``a change in housing status that results in homelessness,'' 
before ``or other changes''.
    (b) Independent Student.--Section 480(d) of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv(d)) is amended to read as follows:
    ``(d) Independent Student.--
            ``(1) Definition.--The term `independent', when used with 
        respect to a student, means any individual who--
                    ``(A) is 24 years of age or older by December 31 of 
                the award year;
                    ``(B) is an orphan, in foster care, or a ward of 
                the court, or was in foster care or a ward of the court 
                until the individual reached the age of 18;
                    ``(C) is an emancipated youth, as defined by the 
                student's State of legal residence;
                    ``(D) is in legal guardianship, as defined in 
                section 475 of the Social Security Act (42 U.S.C. 675);
                    ``(E) is a veteran of the Armed Forces of the 
                United States (as defined in subsection (c)(1));
                    ``(F) is a graduate or professional student;
                    ``(G) is a married individual;
                    ``(H) has legal dependents other than a spouse;
                    ``(I) has been verified as both a homeless child or 
                youth and an unaccompanied youth, as such terms are 
                defined in section 725 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11434a), during the school 
                year in which the application for financial assistance 
                is submitted, by--
                            ``(i) a local educational agency liaison 
                        for homeless children and youths, as designated 
                        under section 722(g)(1)(J)(ii) of the McKinney-
                        Vento Homeless Assistance Act (42 U.S.C. 
                        11432(g)(1)(J)(ii));
                            ``(ii) a director of a homeless shelter, 
                        transitional shelter, or independent living 
                        program; or
                            ``(iii) a financial aid administrator; or
                    ``(J) is a student for whom a financial aid 
                administrator makes a documented determination of 
                independence by reason of other unusual circumstances.
            ``(2) Simplifying the dependency override process.--Nothing 
        in this subsection shall be construed to prohibit a financial 
        aid administrator from making a determination of independence 
        under paragraph (1)(J) based upon a documented determination of 
        independence under such paragraph that was previously made by 
        another financial aid administrator in the same application 
        year.''.
    (c) Tailoring Electronic Applications for Students With Special 
Circumstances.--Section 483(a) of the Higher Education Act of 1965 (20 
U.S.C. 1090(a)) is amended by adding at the end the following:
            ``(8) Applications for students seeking a documented 
        determination of independence.--In the case of a student 
        seeking a documented determination of independence by a 
        financial aid administrator, as described in section 
        480(d)(1)(J), nothing in this section shall prohibit the 
        Secretary from--
                    ``(A) allowing such student to indicate the 
                student's special circumstance on the electronic 
                version of a form developed under paragraph (5);
                    ``(B) collecting and processing, on a preliminary 
                basis, data provided by such student using the 
                electronic version of the form; or
                    ``(C) distributing such data to States, 
                institutions of higher education, and guaranty agencies 
                for the purposes of processing loan applications and 
                determining need and eligibility for institutional and 
                State financial aid awards for such student on a 
                preliminary basis, pending a documented determination 
                of independence by a financial aid administrator.''.

  TITLE II--FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS FOR 
              STUDENTS WHO ARE HOMELESS OR IN FOSTER CARE

                   Subtitle A--Federal TRIO Programs

SEC. 211. DEFINITION OF HOMELESS CHILDREN AND YOUTHS.

    Section 402A(g) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-11(g)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Homeless children and youths.--The term `homeless 
        children and youths' has the meaning given the term in section 
        725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a).''.

SEC. 212. TALENT SEARCH.

    Section 402B(b) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-12(b)) is amended by striking paragraph (10) and inserting the 
following:
            ``(10) programs and activities as described in paragraphs 
        (1) through (9) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths; and
                    ``(C) students who are in foster care or are aging 
                out of the foster care system.''.

SEC. 213. UPWARD BOUND.

    Section 402C(b) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-13(b)) is amended by striking paragraph (12) and inserting the 
following:
            ``(12) programs and activities as described in paragraphs 
        (1) through (11) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths; and
                    ``(C) students who are in foster care or are aging 
                out of the foster care system.''.

SEC. 214. STUDENT SUPPORT SERVICES.

    Section 402D of the Higher Education Act of 1965 (20 U.S.C. 1070a-
14) is amended--
            (1) in subsection (a)(3)--
                    (A) by striking ``students and'' and inserting 
                ``students,''; and
                    (B) by inserting ``, students who are homeless 
                children and youths, and students who are in foster 
                care or are aging out of the foster care system'' 
                before the period; and
            (2) in subsection (b)--
                    (A) in paragraph (9), by striking ``and'' after the 
                semicolon;
                    (B) by striking paragraph (10) and inserting the 
                following:
            ``(10) programs and activities as described in paragraphs 
        (1) through (9) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are or who were homeless 
                children and youths; and
                    ``(C) students who are in foster care or are aging 
                out of the foster care system; and''; and
                    (C) by adding at the end the following:
            ``(11) assistance in securing temporary housing for--
                    ``(A) students who are, or who were, homeless 
                children and youths; or
                    ``(B) students who are in foster care or are aging 
                out of the foster care system.''.

SEC. 215. EDUCATIONAL OPPORTUNITY CENTERS.

    Section 402F(b) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-16(b)) is amended by striking paragraph (10) and inserting the 
following:
            ``(10) programs and activities as described in paragraphs 
        (1) through (9) which are specially designed for--
                    ``(A) students of limited English proficiency;
                    ``(B) students who are homeless children and 
                youths; and
                    ``(C) students who are in foster care or are aging 
                out of the foster care system.''.

SEC. 216. STAFF DEVELOPMENT ACTIVITIES.

    Section 402G(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-17(b)(3)) is amended by striking ``chapter.'' and inserting 
``chapter, including strategies for recruiting and serving students who 
are homeless children and youths, and students who are in foster care 
or are aging out of the foster care system.''.

                      Subtitle B--GEAR-UP Programs

SEC. 221. REQUIREMENTS FOR GAINING EARLY AWARENESS AND READINESS FOR 
              UNDERGRADUATE PROGRAMS.

    Section 404B(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 
1070a-22(c)(2)) is amended by striking ``programs.'' and inserting 
``programs, including programs under subtitle B of title VII of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).''.

SEC. 222. EARLY INTERVENTION USE OF FUNDS.

    Section 404D(b)(2)(C) of the Higher Education Act of 1965 (20 
U.S.C. 1070a-24(b)(2)(C)) is amended by inserting ``, for students who 
are homeless children and youths, as defined in section 725 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), or for 
students who are in foster care or are aging out of the foster care 
system'' before the period.

TITLE III--DEMONSTRATION PROJECTS TO INCREASE ENROLLMENT AND SUCCESS OF 
           HIGHLY MOBILE STUDENTS IN POSTSECONDARY EDUCATION

SEC. 301. PURPOSE.

    It is the purpose of this title to support demonstration projects 
in order to--
            (1) increase the secondary school graduation rates of 
        highly mobile students;
            (2) increase the academic success of highly mobile students 
        in secondary school; and
            (3) increase the enrollment and success of highly mobile 
        students in higher education.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Highly mobile students.--The term ``highly mobile 
        students'' means students who are--
                    (A) homeless children and youths, as such term is 
                defined in section 725 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11434a); or
                    (B) wards of the State.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) Ward of the state.--The term ``ward of the State'' 
        means a child who--
                    (A) is a ward of the State, as determined by the 
                State where the child resides; or
                    (B) is in the custody of a public child welfare 
                agency, including situations where the child is 
                residing--
                            (i) in a foster family home, group home, or 
                        other alternative residential setting; or
                            (ii) at home under protective supervision.

SEC. 303. GRANTS AUTHORIZED.

    (a) Competitive Grants Authorized.--The Secretary may award grants, 
contracts, and cooperative agreements, on a competitive basis, to--
            (1) partnerships consisting of--
                    (A) a State educational agency;
                    (B) a State department serving abused and neglected 
                children;
                    (C) a State department serving runaway, homeless, 
                or at-risk youth;
                    (D) a State department serving homeless families or 
                youth; and
                    (E) 1 or more degree-granting institutions of 
                higher education; and
            (2) partnerships consisting of--
                    (A) 1 or more local educational agencies;
                    (B) 1 or more degree-granting institutions of 
                higher education;
                    (C) a recipient of a grant under subtitle B of 
                title IV of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11371 et seq.); and
                    (D) 2 or more community organizations or entities, 
                such as businesses, community-based organizations, 
                faith-based organizations, State agencies, or other 
                public or private agencies or organizations.
    (b) Duration.--Grants contracts, and cooperative agreements under 
this title shall be awarded for a period of not more than 3 years.

SEC. 304. APPLICATIONS.

    Each partnership desiring to receive a grant, contract, or 
cooperative agreement under this title shall submit an application to 
the Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require. Each application shall 
include--
            (1) a description of how the partnership plans to carry out 
        the activities required under this title;
            (2) a description of how the partnership will coordinate 
        and collaborate with transportation, education, housing, social 
        services, and child welfare agencies to prevent and reduce 
        school mobility;
            (3) an assurance that all State and local educational 
        agency members of the partnership will comply with the 
        applicable grant recipient requirements of subtitle B of title 
        VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11431 et seq.) and section 1113(c)(3)(A) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)(A)); and
            (4) an assurance that the partnership will demonstrate 
        that, to the maximum extent practicable, the partnership is--
                    (A) utilizing other resources (including Federal, 
                State, and local funds, public transportation, and 
                other community resources) to transport highly mobile 
                students; and
                    (B) collaborating with local housing, social 
                services, and child welfare agencies to minimize the 
                need for such transportation.

SEC. 305. AWARD CONSIDERATIONS.

    In awarding grants, contracts, or cooperative agreements under this 
title, the Secretary shall consider the following:
            (1) The number of highly mobile students identified in the 
        area proposed to be served by the partnership.
            (2) The extent to which each local educational agency 
        member of the partnership has reserved appropriate funds under 
        section 1113(c)(3)(A) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6313(c)(3)(A)) to serve homeless 
        children.
            (3) The extent to which the partnership has demonstrated 
        interagency collaboration among transportation, education, 
        housing, social services, and child welfare agencies.
            (4) Evidence of past successful operation of programs for 
        highly mobile students.

SEC. 306. AUTHORIZED ACTIVITIES.

    Grants, contracts, and cooperative agreements under this title 
shall be used to carry out 1 or more of the following activities:
            (1) Services designed to assist highly mobile students in 
        the completion of secondary school and in increasing academic 
        success, such as--
                    (A) after-school and summer tutoring;
                    (B) academic counseling;
                    (C) skills assessment;
                    (D) mentoring programs; and
                    (E) exposure to cultural events, academic programs, 
                and other activities not usually available to highly 
                mobile students.
            (2) Services designed to assist highly mobile students with 
        matriculation in an institution of higher education, such as--
                    (A) academic advice and assistance in course 
                selection;
                    (B) assistance in completing college admission and 
                financial aid applications;
                    (C) assistance in preparing for college entrance 
                examinations;
                    (D) personal counseling; and
                    (E) career workshops and counseling.
            (3) Services and strategies to prevent and reduce the 
        mobility of highly mobile students, such as--
                    (A) defraying the excess cost of transporting 
                highly mobile students to their schools of origin, as 
                required under paragraphs (1)(J)(iii) and (3)(A) of 
                section 722(g) of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11432(g)(1)(J)(iii) and 
                (3)(A)), except that a grant recipient may not use more 
                than 25 percent of the total grant award received under 
                this title for this use;
                    (B) interagency coordination of services and 
                policies, including transportation, education, housing, 
                social services, and child welfare agencies;
                    (C) family counseling, home visits, staff 
                development, outreach, and supportive services; and
                    (D) evaluation and dissemination of data, 
                information, and promising practices.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$20,000,000 for fiscal year 2006 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.
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