[Congressional Record Volume 151, Number 99 (Wednesday, July 20, 2005)]
[Senate]
[Pages S8560-S8562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself and Mr. DeWine):
  S. 1429. A bill to amend the Higher Education Act of 1965 to assist 
homeless students in obtaining postsecondary education, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Ms. MURRAY. Mr. President, today I join Senator DeWine to introduce a 
bill that would make the dream of a college diploma more accessible to 
homeless youth and kids in foster care.
  We all know the obstacles students' in America need to overcome in 
order to succeed in post-secondary education. Couple these traditional 
obstacles with extreme poverty, residential instability, insufficient 
documentation and lack of awareness of supportive educational programs 
and it is no wonder homeless children and children in foster care are 
only half as likely to go on to college as their peers.
  Youth in foster care are less likely to be enrolled in college 
preparatory classes and are more than twice as likely as non-foster 
care youth to drop out of high school altogether. Because The Higher 
Education Act supports several programs that motivate and support 
disadvantaged students to help increase their postsecondary educational 
attainment, it already has many of the tools necessary to intervene in 
these student lives. My bill would help programs, such as TRIO and GEAR 
UP, target their resources to better serve homeless and foster care 
populations. Early intervention is key in retaining these students and 
preparing them for post-secondary education.
  More than 70 percent of teens in foster care desire to go to college, 
only 27 percent of those who graduate from high school realize that 
dream. Although children and youth who experience the instability of 
homelessness or foster care represent the full range of academic 
talents and abilities, their situations create serious barriers to 
school enrollment, attendance, and success.
  Homeless and foster care youth do not have the traditional family 
network to encourage or assist them in planning for a college 
education. These youth need help to select a college, apply for 
admission and obtaining financial aid. In addition, their student aid 
must be used for so much more than just tuition and books. They face 
the daunting challenges of housing, transportation and other basic 
needs. By assisting these youth to become independent students we will 
increase their access to student aid for financial aid purposes; 
improve their changes for a smooth transition into, and completion of, 
higher learning.
  Our nation's economic well-being depends on our ability to provide 
greater access to higher education for students, regardless of their 
family background. By passing this bill we guarantee more students than 
ever will be given the tools they need to attend college and succeed. 
Through college we provide these vulnerable students with the best hope 
for escaping the cycle of poverty and homelessness.
  I look forward to working with HELP Committee Chairman Enzi to 
incorporate these provisions into the Higher Education Act 
reauthorization bill. And again, I thank Senator DeWine for his 
commitment to these often overlooked children.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1429

       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.

[[Page S8561]]

       (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.

[[Page S8562]]

       (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.
  Mr. DeWINE. Mr. President, today I join Senator Murray in introducing 
the ``Improving Access to Education for Students Who Are Homeless or in 
Foster Care Act.'' I thank Senator Murray for her deep commitment to 
the education of children who are homeless or in foster care. I have 
worked with her on provisions to promote their access to and completion 
of education in both the Individuals with Disabilities Education Act 
(IDEA) reauthorization and the Head Start Act reauthorization and am 
pleased to have worked with her again on this bill.
  In the United States, on any given day, more than half a million 
children are in foster care--20,000 of whom are in the State of Ohio, 
alone. In 2003, also know that more than 900,000 children were found to 
be victims of child abuse or neglect. More than half of the children in 
foster care experience developmental delays. Children in foster care 
have three to seven times more chronic medical conditions, birth 
defects, emotional disorders, and academic failures than children of 
similar socioeconomic backgrounds who do not enter foster care.
  We also know that homeless children face great barriers to higher 
education. Often, these students have run away from an abusive home, or 
have been lost to the system. These students also may be living on the 
street with a parent--too often with a parent suffering from an 
addiction to alcohol or drugs. These children will move from school to 
school and shelter to shelter, piecing together their education as they 
can. This is not good enough. Although we have tried to reach out to 
these students through the McKinney Vento Homelessness Assistance Act, 
we need to do more. These children deserve a better chance at an 
education.
  Education offers foster care and homeless children their best hope 
for escaping the poverty and instability they experience. This bill 
includes additional outreach to these hard to reach populations through 
current Federal education programs, such as TRIO and GEAR UP. It also 
would expand and clarify the definition of ``Independent Student'' in 
order to accommodate the special circumstances of foster care and 
homeless children and would allow student financial aid administrators 
additional flexibility to help this cohort of students attain access to 
higher education. This bill would create a $20 million demonstration 
grant program targeting foster and homeless children to help decrease 
the barriers to higher education by involving stakeholders and their 
communities in the outreach process.
  I look forward to working with HELP Committee Chairman Enzi to 
incorporate these provisions into the Higher Education Act 
reauthorization bill. I appreciate his willingness to incorporate 
provisions related to homeless and foster children in the Head Start 
Act reauthorization bill, as well. He is equally concerned with the 
welfare of these children. And again, I thank Senator Murray for her 
commitment to these children. We cannot afford to overlook their needs.
                                 ______