5:12 PM 01 Mar 1999
| from: |
Constance J. Bowers |
| to: |
Barbara, Barry, Broderick, Constance J. Bowers, Daniel I., Daniel J., Elena Kagan, Francis S. Redburn, Howard, James J. Jukes, janet e. irwin, Janet R. Forsgren, Jeffrey L., Jonathan H., Leslie S., Nancy J., Pamula L., Peter, Richard H., Robert G., Rosalyn J. Rettman, Sandra, Tanya E. Martin, Wayne, Wei-Min C., William H. White Jr. |
please comment on the attached ED draft amendments to the McKinney
Homeless Act (part of the ESEA reauthorization) by
cob Thursday, March 4, 1999
The files have been converted into word perfect. If you have difficulty
accessing them, please let me knw.
click here for bill text:
click here for sectional analysis text:
---------------------- Forwarded by Constance J. Bowers/OMB/EOP on
03/01/99 05:00 PM ---------------------------
Total Pages: ____
LRM ID: CJB13 .
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Monday, March 1, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution below
FROM: Janet R. Forsgren (for) Assistant Director for Legislative
Reference
OMB CONTACT: Constance J. Bowers
PHONE: (202)395-3803 FAX: (202)395-6148
SUBJECT: EDUCATION Draft Bill on Stewart B. McKinney Homeless
Assistance Act Amendments - Part of the Elementary and Secondary Education
Act Reauthorization
DEADLINE: cob Thursday, March 4, 1999
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: Because of the magnitude of ED's draft bill to reauthorize the
Elementary and Secondary Education Act of 1965, circulation and
interagency review will be handled in separate pieces.
DISTRIBUTION LIST
AGENCIES:
54-HUD - Allen I. Polsby - (202) 708-1793
59-INTERIOR - Jane Lyder - (202) 208-4371
61-JUSTICE - Dennis Burke - (202) 514-2141
EOP:
Barbara Chow
Sandra Yamin
Barry White
Wayne Upshaw
Leslie S. Mustain
Wei-Min C. Wang
Jonathan H. Schnur
Tanya E. Martin
Elena Kagan
William H. White Jr.
Daniel J. Chenok
Daniel I. Werfel
Robert G. Damus
Rosalyn J. Rettman
Peter Rund1et
Pamula L. Simms
Howard Dendurent
Jeffrey L. Farrow
Broderick Johnson
Janet E. Irwin
Richard H. Kodl
Francis S. Redburn
James J. Jukes
Janet R. Forsgren
LRM ID: CJB13 SUBJECT: EDUCATION Draft Bill on Stewart B. MCKinney
Homeless Assistance Act Amendments - Part of the Elementary and Secondary
Education Act Reauthorization
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analysts line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
please include the LRM number shown above, and the subject shown below.
TO: Constance J. Bowers Phone: 395-3803 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-7362
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
_ _ _ Concur
_ _ _ No Objection
_ _ _ No Comment
See proposed edits on pages
_ _ _ Other:
FAX RETURN of _ _ _ pages, attached to this response sheet===========
ATT CREATION TIME/DATE: 0 00:00:00.00
Unable to convert ARMS_EXT: [ATTACH.D70)MAIL49854746T.036 to ASCII,
The following is a HEX DUMP:
FF575043BCBF0000010A000100000000FBFF05003200EF0100000C005A000000420000000100A2
0000009C0000000300310000003E0100000101800000006F010000000000000000000000000000
0000000000000000000000000000000000000000000000000000000000000000000000000000F4
014300F41A5C121A090000001020508E0000005111031000000000000000000000000000F40150
00000000000000000000000000000000.000000000000000000006D656E646D656E747320746F20
5469746C6520564949206F66207468652053746577617274202020202020202020202020202020
Draft 2/26/99
Hex.l)urnp Conversion
TITLE V -- AMENDMENTS TO THE STEW ART B. MCKINNEY HOMELESS
ASSISTANCE ACT
Section-by-Section Analysis
Section 501. Section 501 of the bill, AAmendments to the Stewart B. McKinney
Homeless Assistance Act,@ would set forth amendments to the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11421 et seq.; hereinafter referred to as the AAct@).
Among other things, these amendments would improve the McKinney program by: (1)
helping ensure that students are not segregated based on their status as homeless; (2)
enhancing coordination at the State and local levels; (3) facilitating parental involvement;
(4) clarifying that sub grants to local educational agencies are to be awarded competitively
on the basis ofthe quality of the program and the need for the assistance; and (5)
enhancing data collection and dissemination at the National level. The program would
also be reauthorized for five years.
Section 501(a) of the bill would amend section 721(3) of the Act, AStatement
of Policy,@ by changing the current statement to make it clear that homelessness alone is
not sufficient reason to separate students from the mainstream school environment. This
language, which is reflected in amendments that follow, makes a strong statement against
segregating homeless children on the basis of their homelessness. This responds to some
local actions being taken around the country to create separate, generally inferior, schools
for homeless children. Homeless advocacy groups and State coordinators have strongly
encouraged this action.
Section 501(b) of the bill would amend section 722 of the Act, AGrants for State
and Local Activities for the Education of Homeless Children and Youth.@ Subsection
(b)(l) of the bill would section 722(c)(2) and (3) ofthe Act, reserving funds for the
territories and defining the term AState@, to remove Palau from those provisions. Palau
does not participate in the program since its Compact of Free Association was ratified.
Subsection (b)(2) of the bill would amend section 722(e) of the Act, AState and Local
Grants,@ to add a new paragraph (3) that would prohibit a State receiving funds under this
subtitle from segregating a homeless child or youth, either in a separate school or in a
separate program within a school, based on that child or youth==s status as homeless,
except as is necessary for short periods of time because of health and safety emergencies
or to provide temporary, special supplementary services to meet the unique needs of
homeless children and youth ..
Section 501(b)(3) of the bill would amend section 722() of the Act, AFunctions
of the State Coordinator.@ Paragraph (3)(A) of the bill would amend section 722()(1) of
the Act to eliminate the requirement that the coordinator estimate the number of homeless
children and youth in the State and the number of homeless children and youth served by
the program. Paragraph (3)(B) of the bill would amend section 722()(4) of the Act to
Hex-Dump Conversion
eliminate the requirement that the Coordinator report on certain specific information and
replace it with a more general requirement that the Coordinator collect and transmit to the
Secretary such information as the Secretary deems necessary to assess the educational
needs of homeless children and youth within the State. Paragraph (3)(C) of the bill
would amend section 722(f)(6) ofthe Act to make editorial changes and require the
Coordinator to collaborate, as well as to coordinate, with certain currently listed entities,
as well as with local educational agency liaisons and community organizations and
groups representing homeless children and youth and their families.
Section 501 (b)(4) of the bill would amend section 722(g) of the Act, AState
Plan.@ Paragraph (4)(A) of the bill would amend section 722(g)(I)(H) of the Act to
require States in their plans to provide assurances that local educational agencies in which
homeless children and youth reside or attend school will: (I) post public notice of the
educational rights of such children and youth in places where such children and youth
receive services under this Act; and (2) designate an appropriate staff person, who may
also be a coordinator for other Federal programs, as a liaison for homeless children and
youth. Paragraph (4)(B) of the bill would amend section 722(g)(3)(B) of the Act to
require local educational agencies, according to the best interest of the homeless child or
youth, to the extent feasible, to keep a homeless child or youth in his or her school of
origin, except when doing so is contrary to the wishes of his or her parent or guardian,
and to provide a written explanation to the homeless child=s or youth=s parent or
guardian when the child or youth is sent to a school other than the school of origin or a
school requested by the parent or guardian.
Section 501 (b)(4)(C) of the bill would amend section 722(g)(6) of the Act to
consolidate the coordination requirements currently in paragraphs (6) and (9) and require
that the mandated coordination be designed to ensure that homeless children and youth
have access to available education and related support services, and to raise the awareness
of school personnel and service providers of the effects of short-term stays in a shelter
and other challenges associated with homeless children and youth. Paragraph (4)(D) of
the bill would amend section 722(g)(7) of the Act to require each local educational
agency liaison, designated pursuant to section 722(g)(I)(H)(ii)(I), to ensure that: (I)
homeless children and youth enroll, and have a full and equal opportunity to succeed, in
schools of that agency; (2) homeless families, children and youth, receive educational
services for which such families, children and you are eligible; and (3) the parents or
guardians of homeless children and youths are informed of the education and related
opportunities available to their children and are provided with meaningful opportunities
to participate in the education of their children. Section 722(g)(7) would be further
amended by adding a new subparagraph (C) requiring local educational agency liaisons,
as a part of their duties, to coordinate and collaborate with State coordinators and
community and school personnel responsible for the provision of education and related
services to homeless children and youth. Paragraph (4)(E) of the bill would eliminate
section 722(g)(9) of the Act, which would be combined with paragraph (6).
Section 50 I (c) of the bill would amend section 723 of the Act, ALocal
Educational Agency Grants for the Education of Homeless Children and Youth.@
Hex-Dump Conversion
Subsection (c)(l) of the bill would amend section 723(a) of the Act to: (1) make certain
editorial changes; (2) clarify that where services under the section are provided on school
grounds, schools may use funds under this Act to provide the same services to other
children and youth who are determined by the local educational agency to be at risk of
failing in, or dropping out of, schools; and (3) prohibit schools from providing services,
including those to at-risk children and youth, in settings within a school that segregate
homeless children and youth from other children and youth, except as is necessary for
short periods of time because of health and safety emergencies or to provide temporary,
special supplementary services to meet the unique needs of homeless children and youth.
Section 501 (c)(2) of the bill would amend section 723(b) oftheAct to require
local applications for State sub grants to contain an assessment of the educational and
related needs of homeless children and youth in their district (which may be undertaken
as a part of needs assessments for other disadvantaged groups). Subsection (c)(3) of the
bill would amend section 723(c)(1) of the Act to clarify that State sub grants are to be
awarded competitively on the basis of the need of such agencies for assistance under this
subtitle and the quality of the application submitted. Subsection (c)(3) of the bill would
be further amended by adding a new paragraph (3), requiring a State educational agency,
in determining the quality of a local application for a subgrant, to consider: (1) the
applicant=s needs assessment and the likelihood that the program presented in the
application will meet those needs; (2) the types, intensity, and coordination of the services
to be provided under the program; (3) the involvement of parents or guardians; (4) the
extent to which homeless children and youth will be integrated within the regular
education program; (5) the quality of the applicant=s evaluation plan for the program; (6)
the extent to which services provided under this subtitle will be coordinated with other
available services; and (7) such other measures as the State educational agency deems
indicative of a quality program.
Section 501 (d) ofthe bill would amend section 724 of the Act, ASecretarial
Responsibilities.@ Section 501 (d) of the bill would replace current subsection (t),
AReports,@ with a new subsection (t), Alnformation,@ and a new subsection (g),
AReport.@ New subsection (t) would require the Secretary, from funds appropriated
under section 726, and either directly or through grants, contracts, or cooperative
agreements, to periodically collect and disseminate data and information on the number
and location of homeless children and youth, the education and related services such
children and youth receive, the extent to which such needs are being met, and such other
data and information the Secretary deems necessary and relevant to carry out this subtitle.
The Secretary would also be required to coordinate such collection and dissemination
with the other agencies and entities that receive assistanc-e and administer programs under
this subtitle. New subsection (g) would require the Secretary, not later than four years
after the date of the enactment of the bill, to prepare and submit to the President and
appropriate committees of the House of Representatives and the Senate a report on the
status of education of homeless youth and children.
Section 501 (e) of the bill would amend section 726 of the Act to authorize
appropriations of such sums as may be necessary for each of the fiscal years 2000 through
2005 to carry out the subtitle. Hex-Dump Conversion
###
Hex-DiJmp Conversion
1 Draft 2/26/99
2 TITLE V -- AMENDMENTS TO THE STEWART B. MCKINNEY
3 HOMELESS ASSISTANCE ACT
4
5 AMENDMENTS TO THE STEWART B. MCKINNEY HOMELESS
6 ASSISTANCE ACT
7 SEC. 501. (a) POLICY.--Section 721(3) of the Stewart B. McKinney
8 Homeless Assistance Act (42 U.S.C. 11421 et seq.; hereinafter referred to in
9 this title as the AAct@) is amended by striking out Ashould not be@ and
10 inserting in lieu thereof Ais not@.
11 (b) GRANTS TO STATES FOR STATE AND LOCAL
12 ACTIVITIES.--Section 722 of the Act is amendedC
13 (1) in subsection (c)--
14 (A) in paragraph (2) (A), byc
15 (i) inserting an Aand@ before Athe Commonwealth of@;
16 and
17 (ii) striking out Aand Palau (until the effective date of
18 the Compact of Free Association with the Government ofPalau),@; and
19 (B) in paragraph (3), by --
20 (i) inserting an Aand@ before Athe Commonwealth of@;
21 and
22 (ii) striking out A, or Palau@;
23 (2) in subsection (e), by adding a new paragraph (3) to
24 read:
25 A(3) PROHIBITION ON SEGREGATING HOMELESS
26 STUDENTS.Cln providing a free, appropriate public education to a
27 homeless child or youth, no State receiving funds under this subtitle shall
Hex-Dump Conversion
1 segregate such child or youth, either in a separate school, or in a separate
2 program within a school, based on such child or youth=s status as
3 homeless, except in accordance with section 723(a)(2)(B)(ii).@;
4 (3) in subsection (f)C
5 (A) by striking out paragraph (1);
6 (B) by amending paragraph (4) to read as followsc
7 A(4) collect and transmit to the Secretary, at such time and in such
8 manner as the Secretary may require, such information as the Secretary
9 deems necessary to assess the educational needs of homeless children
10 and youth within the State;@;
11 (C) by amending paragraph (6) to read:
12 A(6) in order to improve the provision of comprehensive education
13 and related services to homeless children and youth and their families,
14 coordinate and collaborate with--
15 A(A) educators, including child development and preschool
16 program personnel;
17 A(B) providers of services to homeless and runaway children
18 and youth and homeless families (including domestic violence agencies,
19 shelter operators, transitional housing facilities, runaway and homeless
20 youth centers, and transitional living programs for homeless youth);
21 A(C) local educational agency liaisons for homeless children
22 and youth; and
23 A(D) community organizations and groups representing
24 homeless children and youth and their families.@; and
25 (D) by redesignating paragraphs (2) though (6) as paragraphs
26 (1) through (5) respectively; and
27 (4) in subsection (g) --
Hex-Dump ConvelSion
1 (A) in paragraph (1), by amending subparagraph (H) to read as
2 follows:
3 A(H) contain assurances thatC
4 A(i) State and local educational agencies will adopt
5 policies and practices to ensure that homeless children and youth are not
.
6 segregated on the basis of their status as homeless or stigmatized; and
7 A(ii) local educational agencies in which homeless
8 children and youth reside or attend school willC
9 A(I) post public notice of the educational rights of
10 such children and youth where such children and youth receive services
11 under this Act (such as family shelters, and soup kitchens); and
12 A(II) designate an appropriate staff person, who
13 may also be a coordinator for other Federal programs, as a liaison for
14 homeless children and youth.@;
15 (B) in paragraph (3), by amending subparagraph (B) to read:
16 A(B) In determining the best interest of the child or youth
17 under subparagraph (A), the local educational agency shall--
18 A(i) to the extent feasible, keep a homeless child or
19 youth in his or her school of origin, except when doing so is contrary to
20 the wishes of his or her parent or guardian; and
21 A(ii) provide a written explanation to the homeless child
22 or youth=s parent or guardian when the local educational agency sends
23 such child or youth to a school other than the school of origin or a school
24 requested by the parent or guardian.@;
25 (C) by amending paragraph (6) to read:
26 A(6) COORDINATION.C(A) Each local educational agency serving
27 homeless children and youth that receives assistance under this subtitle
Hex-Dump Conversion
1 shall coordinate the provision of services under this part with local
2 services agencies and other agencies or programs providing service to
3 homeless children and youth and their families, including services and
4 programs funded under the Runaway and Homeless Youth Act.
5 A(B) Where applicable, each State and local educational
6 agency that receives assistance under this subtitle shall coordinate with
7 State and local housing agencies responsible for developing the
8 comprehensive housing affordability strategy described in section 105 of
9 the Cranston-Gonzales National Affordable Housing Act to minimize
10 educational disruption for children and youth who becomehomeles~,
11 A(C) The coordination required in subparagraphs (A) and (B)
12 shall be designed toC
13 A(i) ensure that homeless children and youth have access
14 to available education and related support services; and
15 A(ii) raise the awareness of school personnel and service
16 providers of the effects of short-term stays in a shelter and other
17 challenges associated with homeless children and youth,@;
18 (D) in paragraph (7)(A)C
19 (i) in the matter before clause (i), by striking out Alocal
20 educational agency that receives assistance under this subtitle shall
21 designate a homelessness liaison to ensure that@ and inserting in lieu
22 thereof Alocalliaison for homeless children and youth, designated
23 pursuant to section 722(g)( I )(H)(ii)(I), shall ensure that@;
24 (ii) by amending clause (i) to read as follows:
25 A(i) homeless children and youth enroll in, and have a
26 full and equal opportunity to succeed in, schools ofthat agency;@;
27 (iii) at the end of clause (ii), by striking out
Hex-Dump Conversion .
1 the period and inserting in lieu thereof a semicolon and Aand@;
2 (iv) by adding a new clause (iii) to read as
3 follows:
4 A(iii) the parents or guardians of homeless children and
~ youths are informed of the education and related opportunities available
6 to their children and are provided with meaningful opportunities to
7 participate in the education of their children.@; and
8 (v) by adding a new subparagraph (C) to
9 read as follows:
10 A(C) Local educational agency liaisons for
11 homeless children and youth shall, as a part of their duties, coordinate and
12 collaborate with State coordinators and community and school personnel
13 responsible for the provision of education and related services to homeless
14 children and youth.@; and
15 (E) by striking out paragraph (9).
16 (c) LOCAL EDUCATIONAL AGENCY GRANTS.C Section 723 of
17 the Act is amended --
18 (1) by amending subsection (a)(2) to read:
19 A(2) SERVICES.C(A) Services under paragraph (l)C
20 A(i) may be provided through programs on school
21 grounds or at other facilities;
22 A(ii) shall, to the maximum extent practicable, be
23 provided through existing programs and mechanisms that integrate
24 homeless individuals with non-homeless individuals; and
2.5 A(iii) shall be designed to expand or improve services
26 provided as part ofa school=s regular academic program, but not replace
27 that program.
Hex-Dump Conllersion
1 A(B) Where services under paragraph (I) are provided on
2 school grounds, schoolsC
3 A(i) may use funds under this Act to provide the same
4 services to other children and youth who are determined by the local
5 educational agency to be at risk of failing in, or dropping out of, schools,
6 subject to the requirements of clause (ii) as applied to such other children
7 and youth; and
8 A(ii) shall not provide services in settings within a
9 school that segregate homeless children and youths from other children
10 and youths, except as is necessary for short periods of timeC
11 A(I) because of health and safety emergencies; or
12 A(II) to provide temporary, special, suppleinentary
13 services to meet the unique needs of homeless children and youth.@; and
14 (2) in subsection (b)C
15 (A) by redesignating paragraphs (1) through (4) as paragraphs
16 (2) through (5), respectively; and
17 (B) by adding a new paragraph (1) to read as follows:
18 A(I) an assessment of the educational and related needs of homeless
19 children and youth in their district (which may be undertaken as a part of
20 needs assessments for other disadvantaged groups);@;
21 (3) in subsection (c) --
22 (A) by amending paragraph (1) to read:
23 A(I) IN GENERAL.--The State educational agency shall, in
24 accordance with the requirements of this subtitle and from amounts made
25 available to it under section 726, make competitive subgrants to local
26 educational agencies that submit applications under subsection (b).
27 Such subgrants shall be awarded on the basis of the need of such
Hex-Dump Conversion .
1 agencies for assistance under this subtitle and the quality of the
2 applications submitted.@;
3 (B) by redesignating paragraph (3) as paragraph (4); and
4 (C) by adding a new paragraph (3) to read as follows:
5 A(3) QUALITY.CIn determining the quality of applications under
6 paragraph (1), the State educational agency shall consider--
7 A(A) the applicant=s needs assessment under subsection (b)(1)
8 and the likelihood that the program presented in the application will meet
9 those needs;
10 A(B) the types, intensity, and coordination of the services to be
11 provided under the program;
12 A(C) the involvement of parents or guardians;
13 A(D) the extent to which homeless children and youth will be
14 integrated within the regular education program;
15 A(E) the quality of the applicant=s evaluation plan for the
16 program;
17 A(F) the extent to which services provided under this subtitle
18 will be coordinated with other available services; and
19 A(G) such other measures as the State educational agency
20 deems indicative of a high-quality progral!l.@.
21 (d) Section 724 of the Act is amended by striking out subsection (f)
22 and adding new subsections (f) and (g) to read as follows--
23 A(f) INFORMATION.C(1) From funds appropriated under section
24 726, the Secretary shall, either directly or through grants, contracts, or
25 cooperative agreements, periodically collect and disseminate data and
26 information on:
27 A(A) the number and location of homeless children and youth;
Hex-Dump Conversion
1 A(B) the education and related services such children and youth
2 receIve;
3 A(C) the extent to which such needs are being met; and
4 A(D) such other data and information the Secretary deems
5 necessary and relevant to carry out this subtitle.
6 A(2) The Secretary shall coordinate such collection and dissemination
7 with the other agencies and entities that receive assistance and
8 administer programs under this subtitle.
9 A(g) REPORT.--Not later than four years after the date of the
10 enactment of the [-- Act of 1999,] the Secretary shall prepare and submit to
11 the President and appropriate committees of the House of Representatives
12 and the Senate a report on the status of education of homeless youth and
13 children, which may include information one
14 A( 1) the education of homeless children and youth; and
15 A(2) the actions of the Department and the effectiveness of the programs
16 supported under this subpart.@.
17 ( e) Section 726 of the Act is amended to read:
18 AAUTHORIZATION OF APPROPRIATIONS
19 ASEC. 726. For the purpose of carrying out this subtitle, there are
20 authorized to be appropriated such sums as may be necessary for each of the
21 fiscal years 2000 through 2005.@.
# ##
5:12 PM 01 Mar 1999
| from: |
Constance J. Bowers |
| to: |
Barbara, Barry, Broderick, Constance J. Bowers, Daniel I., Daniel J., Elena Kagan, Francis S. Redburn, Howard, James J. Jukes, janet e. irwin, Janet R. Forsgren, Jeffrey L., Jonathan H., Leslie S., Nancy J., Pamula L., Peter, Richard H., Robert G., Rosalyn J. Rettman, Sandra, Tanya E. Martin, Wayne, Wei-Min C., William H. White Jr. |
Please comment on the attached ED draft amendments to the McKinney
Homeless Act (part of the ESEA reauthorization) by
cob Thursday, March 4, 1999
The files have been converted into word perfect. If you have difficulty
accessing them, please let me knw.
click here for bill text:
click here for sectional analysis text:
---------------------- Forwarded by Constance J. Bowers/OMB/EOP on
03/01/99 05:00 PM ---------------------------
Total Pages: ____
LRM ID: CJB13
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Monday, March 1, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution below
FROM: Janet R. Forsgren {for} Assistant Director for Legislative
Reference
OMB CONTACT: Constance J. Bowers
PHONE: {202} 395-3803 FAX: {202} 395-6148
SUBJECT: EDUCATION Draft Bill on Stewart B. McKinney Homeless
Assistance Act Amendments - Part of the Elementary and Secondary Education
Act Reauthorization
DEADLINE: cob Thursday, March 4, 1999
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: Because of the magnitude of ED's draft bill to reauthorize the
Elementary and Secondary Education Act of 1965, circulation and
interagency review will be handled in separate pieces.
DISTRIBUTION LIST
AGENCIES:
54-HUD - Allen I. Polsby - {202} 708-1793
59-INTERIOR - Jane Lyder - {202} 208-4371
61-JUSTICE - Dennis Burke - {202} 514-2141
EOP:
Barbara Chow
Sandra Yamin
Barry White
Wayne Upshaw
Leslie S. Mustain
Wei-Min C. Wang
Jonathan H. Schnur
Tanya E. Martin
Elena Kagan
William H. White Jr.
Daniel J. Chenok
Daniel I. Werfel
Robert G. Damus
Rosalyn J. Rettman
Peter Rundlet
Pamula L. Simms
Howard Dendurent
Jeffrey L. Farrow
Broderick Johnson
Janet E. Irwin
Richard H. Kodl
Francis S. Redburn
James J. Jukes
Janet R. Forsgren
LRM ID: CJB13 SUBJECT: EDUCATION Draft Bill on Stewart B. McKinney
Homeless Assistance Act Amendments - Part of the Elementary and Secondary
Education Act Reauthorization
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO: Constance J. Bowers Phone: 395-3803 Fax: 395-6148
Office of Management and Budget
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1 Draft 2/26/99
2 TITLE V -:- AMENDMENTS TO THE STEWART B. MCKINNEY
3 HOMELESS ASSISTANCE ACT
4
5 AMENDMENTS TO THE STEWART B. MCKINNEY HOMELESS
6 ASSISTANCE ACT
7 SEC. 501. (a) POLICY.--Section 721(3) of the Stewart B. McKinney
8 Homeless Assistance Act (42 U.S.C. 11421 et seq.; hereinafterreferred to in
9 this title as the AAct@) is amended by striking out Ashould not be@ and
10 inserting in lieu thereof Ais not@.
11 (b) GRANTS TO STATES FOR STATE AND LOCAL
12 ACTIVITIES.--Section 722 of the Act is amendede
13 (1) in subsection (c )--
14 (A) in paragraph (2) (A), bye
15 (i) inserting an Aand@ before Athe Commonwealth of@;
16 and
17 (ii) striking out Aand Palau (until the effective date of
18 the Compact of Free Association with the Government ofPalau),@; and
19 (B) in paragraph (3), by --
20 (i) inserting an Aand@ before Athe Commonwealth of@;
21 and
22 (ii) striking out A, or Palau@;
23 (2) in subsection (e), by adding a new paragraph (3) to
24 read:
25 A(3) PROHIBITION ON SEGREGATING HOMELESS
26 STUDENTS.eIn providing a free, appropriate public education to a
27 homeless child or youth, no State receiving funds under this subtitle shall
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1 segregate such child or youth, either in a separate school, or in a separate
2 program within a school, based on such child or youth=s status as
3 homeless, except in accordance with section 723(a)(2)(B)(ii).@;
4 (3) in subsection (f)C
5 (A) by striking out paragraph (1);
6 (B) by amending paragraph (4) to read as followsc
7 A(4) collect and transmit to the Secretary, at such time and in such
8 manner as the Secretary may require, such information as the Secretary
9 deems necessary to assess the educational needs of homeless children
10 and youth within the State;@;
11 (C) by amending paragraph (6) to read:
12 A(6) in order to improve the provision of comprehensive education
13 and related services to homeless children and youth and their families,
14 coordinate and collaborate with--
IS A(A) educators, including child development and preschool
16 program personnel;
17 A(B) providers of services to homeless and runaway children
18 and youth and homeless families (including domestic violence agencies,
19 shelter operators, transitional housing facilities, runaway and homeless
20 youth centers, and transitional living programs for homeless youth);
21 A(C) local educational agency liaisons for homeless children
22 . and youth; and
23 A(D) community organizations and groups representing
24 homeless children and youth and their families.@; and
25 (D) by redesignating paragraphs (2) though (6) as paragraphs
26 (1) through (5) respectively; and
27 (4) in subsection (g) --
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1 (A) in paragraph (1), by amending subparagraph (H) to read as
2 follows:
3 A(H) contain assurances thatC
4 A(i) State and local educational agencies will adopt
5 policies and practices to ensure that homeless children and youth are not
6 segregated on the basis of their status as homeless or stigmatized; and
7 A(ii) local educational agencies in which homeless
8 children and youth reside or attend school willC
9 A(I) post public notice of the educational rights of
10 such children and youth where such children and youth receive services
11 under this Act (such as family shelters, and soup kitchens); and
12 A(II) designate an appropriate staff person, who
13 may also be a coordinator for other Federal programs, as a liaison for
14 homeless children and youth.@;
15 (B) in paragraph (3), by amending subparagraph (B) to read:
16 A(B) In determining the best interest of the child or youth
17 under subparagraph (A), the local educational agency shall--
18 A(i) to the extent feasible, keep a homeless child or
19 youth in his or her school of origin, except when doing so is contrary to
20 the wishes of his or her parent or guardian; and
21 A(ii) provide a written explanation to the homeless child
22 or youth=s parent or guardian when the local educational agency sends
23 such child or youth to a school other than the school of origin or a school
24 requested by the parent or guardian.@;
25 (C) by amending paragraph (6) to read:
26 A(6) COORDINATION.C(A) Each local educational agency serving
27 homeless children and youth that receives assistance under this subtitle
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1 shall coordinate the provision of services under this part with local
2 services agencies and other agencies or programs providing service to
3 homeless children and youth and their families, including services and
4 programs funded under the Runaway and Homeless Youth Act.
5 A(B) Where applicable, each State and local educational
6 agency that receives assistance under this subtitle shall coordinate with
7 State and local housing agencies responsible for developing the
8 comprehensive housing affordability strategy described in section 105 of
9 the Cranston-Gonzales National Affordable Housing Act to minimize
10 educational disruption for children and youth who become homeless.
11 A(C) The coordination required in subparagraphs (A) and (B)
12 shall be designed toC
13 A(i) ensure that homeless children and youth have access
14 to available education and related support services; and
15 A(ii) raise the awareness of school personnel and service
16 providers of the effects of short-term stays in a shelter and other
17 challenges associated with homeless children and youth.@;
18 (D) in paragraph (7)(A)C
19 (i) in the matter before clause (i), by striking out Alocal
20 educational agency that receives assistance under this subtitle shall
21 designate a homelessness liaison to ensure that@ and inserting in lieu
22 thereof Alocalliaison for homeless children and youth, designated
23 pursuant to section 722(g)(1 )(H)(ii)(I), shall ensure that@;
24 (ii) by amending clause (i) to read as follows:
25 A(i) homeless children and youth enroll in, and have a
26 full and equal opportunity to succeed in, schools of that agency;@;
27 (iii) at the end of clause (ii), by striking out
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1 the period and inserting in lieu thereof a semicolon and Aand@;
2 (iv) by adding a new clause (iii) to read as
3 follows:
4 A(iii) the parents or guardians of homeless children and
5 youths are informed of the education and related opportunities available
6 to their children and are provided with meaningful opportunities to
7 participate in the education of their children.@; and
8 (v) by adding a new subparagraph (C) to
9 read as follows:
10 A(C) Local educational agency liaisons for
11 homeless children and youth shall, as a part of their duties, coordinate and
12 collaborate with State coordinators and community and school personnel
13 responsible for the provision of education and related services to homeless
14 children and youth.@; and
15 (E) by striking out paragraph (9).
16 (c) LOCAL EDUCATIONAL AGENCY GRANTS.C Section 723 of
17 the Act is amended --
18 (1) by amending subsection (a)(2) to read:
19 A(2) SERVICES.C(A) Services under paragraph (l)C
20 A(i) may be provided through programs on school
21 grounds or at other facilities;
22 A(ii) shall, to the maximum extent practicable, be
23 provided through existing programs and mechanisms that integrate
24 homeless individuals with non-homeless individuals; and
25 A(iii) shall be designed to expand or improve services
26 provided as part of a school=s regular academic program, but not replace
27 that program.
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1 A(B) Where services under paragraph (1) are provided on
2 school grounds, schoolsC
3 A(i) may use funds under this Act to provide the same
4 services to other children and youth who are determined by the local
5 educational agency to be at risk of failing in, or dropping out of, schools,
6 . subject to the requirements of clause (ii) as applied to such other children
7 and youth; and
8 A(ii) shall not provide services in settings within a
9 school that segregate homeless children and youths from other children
10 and youths, except as is necessary for short periods oftimeC
11 A(I) because of health and safety emergencies; or
12 A(II) to provide temporary, special, supplementary
13 services to meet the unique needs ofhome1ess children and youth.@; and
14 (2) in subsection (b)C
15 (A) by redesignating paragraphs (1) through (4) as paragraphs
16 (2) through (5), respectively; and
17 (B) by adding a new paragraph (1) to read as follows:
18 A(1) an assessment of the educational and related needs of homeless
19 children and youth in their district (which may be undertaken as a part of
20 needs assessments for other disadvantaged groups);@;
21 (3) in subsection (c) --
22 (A) by amending paragraph (1) to read:
23 A(1) IN GENERAL.--The State educational agency shall, in
24 accordance with the requirements of this subtitle and from amounts made
25 available to it under section 726, make competitive sub grants to local
26 educational agencies that submit applications under subsection (b).
27 Such subgrants shall be awarded on the basis of the need of such
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1 agencies for assistance under this subtitle and the quality of the
2 applications subrnitted.@;
3 (B) by redesignating paragraph (3) as paragraph (4); and
4 (C) by adding a new paragraph (3) to read as follows:
5 A(3) QUALITY.CIn determining the quality of applications under
6 paragraph (1), the State educational agency shall consider--
7 A(A) the applicant=s needs assessment under subsection (b)(l)
8 and the likelihood that the program presented in the application will meet
9 those needs;
10 A(B) the types, intensity, and coordination of the services to be
11 provided under the program;
12 A(C) the involvement of parents or guardians;
13 A(D) the extent to which homeless children and youth will be
14 integrated within the regular education program;
15 A(E) the quality of the applicant=s evaluation plan for the
16 program;
17 A(F) the extent to which services provided under this subtitle
18 will be coordinated with other available services; and
19 A(G) such other measures as the State educational agency
20 deems indicative of a high-quality program.@.
21 (d) Section 724 of the Act is amended by striking out subsection (f)
22 and adding new subsections (f) and (g) to read as follows--
23 A(f) INFORMATION.C(1) From funds appropriated under section
24 726, the Secretary shall, either directly or through grants, contracts, or
25 cooperative agreements, periodically collect and disseminate data and
26 information on:
27 A(A) the number and location of homeless children and youth;
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1 A(B) the education and related services such children and youth
2 receIve;
3 A(C) the extent to which such needs are being met; and
4 A(D) such other data and information the Secretary deems
5 necessary and relevant to carry out this subtitle.
6 A(2) The Secretary shall coordinate such collection and dissemination
7 with the other agencies and entities that receive assistance and
8 administer programs under this subtitle.
9 A(g) REPORT.--Not later than four years after the date of the
10 enactment ofthe [-- Act of 1999,] the Secretary shall prepare and submit to
11 the President and appropriate committees of the House of Representatives
12 and the Senate a report on the status of education of homeless youth and
13 children, which may include information one
14 A(1) the education of homeless children and youth; and
15 A(2) the actions of the Department and the effectiveness of the programs
16 supported under this subpart.@.
17 (e) Section 726 of the Act is amended to read:
18 AAUTHORIZATION OF APPROPRIATIONS
19 ASEC. 726. For the purpose of carrying out this subtitle, there are
20 authorized to be appropriated such sums as may be necessary for each of the
21 fiscal years 2000 through 2005.@.
# ##
Draft 2/26/99 Hex-Dilmp Conversion
TITLE V -- AMENDMENTS TO THE STEWART B. MCKINNEY HOMELESS
ASSISTANCE ACT
Section-by-Section Analysis
Section 501. Section 501 of the bill, 'AAmendments to the Stewart B. McKinney
Homeless Assistance Act,@ would set forth amendments to the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11421 et seq.; hereinafter referred to as the AAct@).
Among other things, these amendments would improve the McKinney program by: (1)
helping ensure that students are not segregated based on their status as homeless; (2)
enhancing coordination at the State and 10calleve1s; (3) facilitating parental involvement;
(4) clarifying that subgrants to local educational agencies are to be awarded competitively
on the basis of the quality of the program and the need for the assistance; and (5)
enhancing data collection and dissemination at the National level. The program would
also be reauthorized for five years.
Section 501(a) of the bill would amend section 721(3) ofthe Act, AStatement
ofPolicy,@ by changing the current statement to make it clear that homelessness alone is
not sufficient reason to separate students from the mainstream school environment. This
language, which is reflected in amendments that follow, makes a strong statement against
segregating homeless children on the basis of their homelessness. This responds to some
local actions being taken around the country to create separate, generally inferior, schools
for homeless children. Homeless advocacy groups and State coordinators have strongly
encouraged this action.
Section 501(b) of the bill would amend section 722 of the Act, AGrants for State
and Local Activities for the Education of Homeless Children and Youth.@ Subsection
(b)(I) of the bill would section 722(c)(2) and (3) of the Act, reserving funds for the
territories and defining the term AState@, to remove Palau from those provisions. Palau
does not participate in the program since its Compact of Free Association was ratified.
Subsection (b)(2) ofthe bill would amend section 722(e) ofthe Act, AState and Local
Grants,@ to add a new paragraph (3) that would prohibit a State receiving funds under this
subtitle from segregating a homeless child or youth, either in a separate school or in a
separate program within a school, based on that child or youth=s status as homeless,
except as is necessary for short periods of time because of health and safety emergencies
or to provide temporary, special supplementary services to meet the unique needs of
homeless children and youth ..
Section 501(b)(3) of the bill would amend section 722(f) of the Act, AFunctions
of the State Coordinator.@ Paragraph (3)(A) of the bill would amend section 722(f)(\) of
the Act to eliminate the requirement that the coordinator estimate the number of homeless
children and youth in the State and the number of homeless children and youth served by
the program. Paragraph (3)(B) of the bill would amend section 722(f)(4) ofthe Act to
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eliminate the requirement that the Coordinator report on certain specific information and
replace it with a more general requirement that the Coordinator collect and transmit to the
Secretary such information as the Secretary deems necessary to assess the educational
needs of homeless children and youth within the State. Paragraph (3)(C) of the bill
would amend section 722()(6) of the Act to make editorial changes and require the
Coordinator to collaborate, as well as to coordinate, with certain currently listed entities,
as well as with local educational agency liaisons and community organizations and
groups representing homeless children and youth and their families.
Section 50I(b)(4) of the bill would amend section 722(g) of the Act, AState
Plan.@ Paragraph (4)(A) of the bill would amend section 722(g)(I)(H) of the Act to
require States in their plans to provide assurances that local educational agencies in which
homeless children and youth reside or attend school will: (I) post public notice of the
educational rights of such children and youth in places where such children and youth
receive services under this Act; and (2) designate an appropriate staff person, who may
also be a coordinator for other Federal programs, as a liaison for homeless children and
youth. Paragraph (4)(B) of the bill would amend section 722(g)(3)(B) of the Act to
require local educational agencies, according to the best interest of the homeless child or
youth, to the extent feasible, to keep a homeless child or youth in his or her school of
origin, except when doing so is contrary to the wishes of his or her parent or guardian,
and to provide a written explanation to the homeless child=s or youth=s parent or
guardian when the child or youth is sent to a school other than the school of origin or a
school requested by the parent or guardian.
Section 501 (b)(4)(C) of the bill would amend section 722(g)(6) ofthe Act to
consolidate the coordination requirements currently in paragraphs (6) and (9) and require
that the mandated coordination be designed to ensure that homeless children and youth
have access to available education and related support services, and to raise the awareness
of school personnel and service providers of the effects of short-term stays in a shelter
and other challenges associated with homeless children and youth. Paragraph (4)(D) of
the bill would amend section 722(g)(7) of the Act to require each local educational
agency liaison, designated pursuant to section 722(g)(I)(H)(ii)(I), to ensure that: (1)
homeless children and youth emoll, and have a full and equal opportunity to succeed, in
schools ofthat agency; (2) homeless families, children and youth, receive educational
services for which such families, children and you are eligible; and (3) the parents or
guardians of homeless children and youths are informed of the education and related
opportunities available to their children and are provided with meaningful opportunities
to participate in the education of their children. Section 722(g)(7) would be further
amended by adding a new subparagraph (C) requiring local educational agency liaisons,
as a part of their duties, to coordinate and collaborate with State coordinators and
community and school personnel responsible for the provision of education and related
services to homeless children and youth. Paragraph (4)(E) ofthe bill would eliminate
section 722(g)(9) of the Act, which would be combined with paragraph (6).
Section 501(c) of the bill would amend section 723 of the Act, ALocal
Educational Agency Grants for the Education of Homeless Children and Youth.@
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Subsection (c)(I) of the bill would amend section 723(a) of the Act to: (I) make certain
editorial changes; (2) clarify that where services under the section are provided on school
grounds, schools may use funds under this Act to provide the same services to other
children and youth who are determined by the local educational agency to be at risk of
failing in, or dropping out of, schools; and (3) prohibit schools from providing services,
including those to at-risk children and youth, in settings within a school that segregate
homeless children and youth from other children and youth, except as is necessary for
short periods of time because of health and safety emergencies or to provide temporary,
special supplementary services to meet the unique needs of homeless children and youth.
Section 501(c)(2) of the bill would amend section 723(b) of the Act to require
local applications for State subgrants to contain an assessment of the educational and
related needs of homeless children and youth in their district (which may be undertaken
as a part of needs assessments for other disadvantaged groups). Subsection (c )(3) ofthe
bill would amend section 723(c)(1) of the Act to clarify that State subgrants are to be
awarded competitively on the basis of the need of such agencies for assistance under this
subtitle and the quality of the application submitted. Subsection (c)(3) of the bill would
be further amended by adding a new paragraph (3), requiring a State educational agency,
in determining the quality of a local application for a sub grant, to consider: (I) the
applicant=s needs assessment and the likelihood that the program presented in the
application will meet those needs; (2) the types, intensity, and coordination of the services
to be provided under the program; (3) the involvement of parents or guardians; (4) the
extent to which homeless children and youth will be integrated within the regular
education program; (5) the quality of the applicant=s evaluation plan for the program; (6)
the extent to which services provided under this subtitle will be coordinated with other
available services; and (7) such other measures as the State educational agency deems
indicative of a quality program.
Section 501(d) of the bill would amend section 724 of the Act, ASecretarial
Responsibilities.@ Section 501(d) of the bill would replace current subsection (t),
AReports,@ with a new subsection (t), Alnfomlation,@ and a new subsection (g),
AReport.@ New subsection (f) would require the Secretary, from funds appropriated
under section 726, and either directly or through grants, contracts, or cooperative
agreements, to periodically collect and disseminate data and information on the number
and location of homeless children and youth, the education and related services such
children and youth receive, the extent to which such needs are being met, and such other
data and information the Secretary deems necessary and relevant to carry out this subtitle.
The Secretary would also be required to coordinate such collection and dissemination
with the other agencies and entities that receive assistance and administer programs under
this subtitle. New subsection (g) would require the Secretary, not later than four years
after the date ofthe enactment of the bill, to prepare and submit to the President and
appropriate committees of the House of Representatives and the Senate a report on the
status of education of homeless youth and children.
Section 501(e) of the bill would amend section 726 ofthe Act to authorize
appropriations of such sums as may be necessary for each of the fiscal years 2000 through
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2005 to carry out the subtitle.
###
