Higher Education Access and Success for Homeless and Foster Youth Act
This bill amends the Higher Education Act of 1965 to revise provisions related to financial aid and educational programs for children and youths who are homeless or in foster care.
With respect to a student's independence for purposes of financial aid, a financial aid administrator must: (1) in the absence of conflicting information, accept a homelessness determination made by an authorized individual; and (2) make such a determination if the student cannot get documentation from a designated authority. A student who is determined to be independent on this basis shall generally be presumed to be independent for a subsequent award year at the same institution.
The bill expands the duties of the Student Loan Ombudsman to include the review and resolution of complaints regarding such determinations.
To be eligible for certain federal funds, an institution must meet specified requirements related to student housing, coordination, and notice of financial assistance eligibility with respect to children and youths who are homeless or in foster care.
In approving applications for entities to carry out specified programs related to higher education, the Department of Education shall require an entity to make specified assurances with respect to the participation of children and youths who are homeless or in foster care. A federal work-study agreement must prioritize employment for such students.
For purposes of income-based financial aid determinations, the bill excludes from income: (1) the value of specified vouchers for education and training, and (2) direct payments made through an extended foster care program.
With respect to children or youths who are homeless or in foster care, a state may not charge a tuition rate that is higher than the in-state tuition rate.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4043 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 4043
To amend the Higher Education Act of 1965 to improve the financial aid
process for homeless children and youths and foster care children and
youth.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2015
Ms. Clark of Massachusetts introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to improve the financial aid
process for homeless children and youths and foster care children and
youth.
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 ``Higher Education Access and Success
for Homeless and Foster Youth Act''.
SEC. 2. DEFINITIONS.
(a) Independent Student.--Section 480(d) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(d)) is amended--
(1) in paragraph (1)(H)--
(A) in the matter preceding clause (i)--
(i) by striking ``during the school year in
which the application is submitted'';
(ii) by inserting ``age 23 or younger''
after ``unaccompanied youth''; and
(iii) by striking ``terms are'' and
inserting ``term is'';
(B) in clause (i), by inserting ``, or a designee
of the liaison'' after ``Act'';
(C) in clause (ii), by striking ``a program funded
under the Runaway and Homeless Youth Act'' and
inserting ``an emergency or transitional shelter,
street outreach program, homeless youth drop-in center,
or other program serving homeless youth,''; and
(D) in clause (iii), by striking ``program funded
under subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act (relating to emergency shelter
grants)'' and inserting ``Federal TRIO program or a
Gaining Early Awareness and Readiness for Undergraduate
program under chapter 1 or 2 of subpart 2 of part A,'';
and
(2) by adding at the end the following:
``(3) Simplifying the determination process for
unaccompanied youth.--
``(A) Verification.--A financial aid administrator
shall accept a homelessness determination made by any
individual authorized to make such determinations under
clause (i), (ii), or (iii) of paragraph (1)(H) in the
absence of conflicting information. A documented phone
call with, or a written statement from, one of the
authorized individuals is sufficient verification when
needed. For purposes of this paragraph, a financial aid
administrator's disagreement with the determination
made by an authorized individual shall not be
considered conflicting information.
``(B) Determination of independence.--A financial
aid administrator shall make a determination of
independence under paragraph (1)(H) if a student does
not have, and cannot get, documentation from any of the
other designated authorities described in such
paragraph. This determination is based on the
definitions outlined in paragraph (1)(H) and is
distinct from a determination of independence under
paragraph (1)(I). The determination may be based on a
documented interview with the student if there is no
written documentation available. A financial aid
administrator shall limit such determination to whether
the student meets the definitions in paragraph (1)(H)
and shall not inquire about the reasons for the
student's homelessness.
``(C) Timing; use of earlier determination.--
``(i) Timing.--A determination under
paragraph (1)(H) for a student--
``(I) shall be made as quickly as
practicable;
``(II) may be made as early as the
year before the award year for which
the student initially submits an
application; and
``(III) shall be made no later than
during the award year for which the
student initially submits an
application.
``(ii) Use of earlier determination.--Any
student who is determined to be independent
under paragraph (1)(H) for a preceding award
year at an institution shall be presumed to be
independent for a subsequent award year at the
same institution unless--
``(I) the student informs the
institution that circumstances have
changed; or
``(II) the institution has specific
conflicting information about the
student's independence, and has
informed the student of this
information and the opportunity to
challenge such information through a
documented interview or an impartial
review by the Student Loan Ombudsman
pursuant to section 141(f)(3)(C).''.
(b) Foster Care Children and Youth.--Section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003) is amended by adding at the end
the following:
``(25) Foster care children and youth.--The term `foster
care children and youth'--
``(A) means children and youth whose care and
placement are the responsibility of the State or Tribal
agency that administers a State or Tribal plan under
part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq. and 670 et seq.), without regard to
whether foster care maintenance payments are made under
section 472 of such Act (42 U.S.C. 672) on behalf of
such children and youth; and
``(B) includes individuals who were age 13 or older
when their care and placement were the responsibility
of a State or Tribal agency that administered a State
or Tribal plan under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et seq. and 670 et
seq.) and who are no longer under the care and
responsibility of such a State or tribal agency,
without regard to any such individual's subsequent
adoption, guardianship arrangement, or other form of
permanency outcome.''.
SEC. 3. STUDENT LOAN OMBUDSMAN.
Section 141(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1018(f)(3)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) receive, review, and resolve expeditiously
complaints regarding a student's independence under
subparagraph (B) or (H) of section 480(d)(1), in
consultation with knowledgeable parties, including
child welfare agencies, local educational agency
liaisons for homeless children and youths designated
under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)),
or State Coordinators for Education of Homeless
Children and Youths established in accordance with
section 722 of such Act (42 U.S.C. 11432).''.
SEC. 4. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended--
(1) in paragraph (19)--
(A) by striking ``The institution will not'' and
inserting the following: ``The institution--
``(A) will not'';
(B) by inserting ``housing facilities,'' after
``libraries,'';
(C) by striking ``institution.'' and inserting
``institution; and''; and
(D) by adding at the end the following:
``(B) will provide a means for students to access
institutionally owned or operated housing if a student
is temporarily unable to meet financial obligations
related to housing, including deposits, due to delayed
disbursement of vouchers for education and training
made available under section 677 of part E of title IV
of the Social Security Act or delays attributable to
the institution.''; and
(2) by adding at the end the following:
``(30) The institution certifies that the institution--
``(A) has designated an appropriate staff person,
who may also be a coordinator for other programs, as a
single point of contact to assist homeless children and
youths (as such term is defined in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a)) and foster care children and youth in
accessing and completing postsecondary education;
``(B) posts public notice about student financial
assistance and other assistance available to homeless
children and youths and foster care children and youth,
including their eligibility as independent students
under subparagraphs (B) and (H) of section 480(d)(1);
``(C) gives priority for any institutionally owned
or operated housing facilities, including student
housing facilities that remain open for occupation
during school breaks or on a year-round basis, to--
``(i) homeless children and youths (as such
term is defined in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11434a));
``(ii) youths who are unaccompanied, at
risk of homelessness, and self-supporting; and
``(iii) foster care children and youth;
``(D) has developed a plan for how homeless
children and youths, youths who are unaccompanied, at
risk of homelessness, and self-supporting, and foster
care children and youth can access housing resources
during and between academic terms, through means that
may include access to institutionally owned or operated
housing during breaks and a list of housing resources
in the community that provide short-term housing; and
``(E) has included, in its application for
admission, questions (to be answered voluntarily)
regarding the applicant's status as a homeless child or
youth or foster care child or youth, that--
``(i) can be answered by the applicant
voluntarily for the limited purpose of being
provided information about financial aid or any
other available assistance; and
``(ii) explain the key terms in the
question in a manner children and youth can
understand in order to self-identify and
declare eligibility as a homeless child or
youth or foster care child or youth.''.
SEC. 5. FEDERAL TRIO PROGRAMS.
Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11) is amended--
(1) in subsection (c)(6), by striking the last sentence and
inserting the following: ``The Secretary shall require each
applicant for funds under the programs authorized by this
chapter to identify and conduct outreach to foster care
children and youth and homeless children and youths (as such
term is defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), and make available to
foster care children and youth and homeless children and youths
services under such programs, including mentoring, tutoring,
and other services provided by such programs.''; and
(2) in subsection (f)(2), by striking ``college students,
and'' and inserting ``college students, foster care children
and youth, homeless children and youths, and''.
SEC. 6. TALENT SEARCH.
Section 402B(d) of the Higher Education Act of 1965 (20 U.S.C.
1070a-12(d)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) require an assurance that the entity carrying out the
project has reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), including unaccompanied
youths, and foster care children and youth;
``(6) require that such entity submit, as part of the
application for the project, a description of the activities
that will be undertaken to reach out to homeless children and
youths and foster care children and youth as part of the
project; and
``(7) require an assurance that such entity will prepare
and submit the report required under section 402H(e) at the
conclusion of the project regarding homeless children and
youths and foster care children and youth.''.
SEC. 7. UPWARD BOUND.
Section 402C(e) of the Higher Education Act of 1965 (20 U.S.C.
1070a-13(e)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) require an assurance that the entity carrying out the
project has reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), including unaccompanied
youths, and foster care children and youth;
``(7) require that such entity submit, as part of the
application, a description of the activities that will be
undertaken to reach out to homeless children and youths and
foster care children and youth regarding the project; and
``(8) require an assurance that such entity will prepare
and submit the report required under section 402H(e) at the
conclusion of the project regarding homeless children and
youths and foster care children and youth.''.
SEC. 8. STUDENT SUPPORT SERVICES.
Section 402D(e) of the Higher Education Act of 1965 (20 U.S.C.
1070a-14(e)) is amended--
(1) in paragraph (5), by striking ``and'' after the
semicolon;
(2) in paragraph (6)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(7) require an assurance that the entity carrying out the
project has reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), including unaccompanied
youths, and foster care children and youth;
``(8) require that such entity submit, in the application
for the project, a description of the activities that will be
undertaken to reach out to homeless children and youths, and
foster care children and youth, who are enrolled or accepted
for enrollment at the institution; and
``(9) require an assurance that such entity will prepare
and submit the report required under section 402H(e) at the
conclusion of the project regarding homeless children and
youths and foster care children and youth.''.
SEC. 9. EDUCATIONAL OPPORTUNITY CENTERS.
Section 402F(c) of the Higher Education Act of 1965 (20 U.S.C.
1070a-16(c)) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) require an assurance that the entity carrying out the
project has reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), including unaccompanied
youths, and foster care children and youth;
``(6) require that such entity submit, as part of the
application, a description of the activities that will be
undertaken to reach out to homeless children and youths and
foster care children and youth regarding the project; and
``(7) require an assurance that such entity will prepare
and submit the report required under section 402H(e) at the
conclusion of the project regarding homeless children and
youths and foster care children and youth.''.
SEC. 10. REPORTS AND EVALUATIONS.
Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a-
18) is amended by adding at the end the following:
``(e) Report Regarding Homeless Children and Youths and Foster Care
Children and Youth.--Each entity carrying out a project under section
402B, 402C, 402D, or 402F shall, at the conclusion of the project,
prepare and submit a report to the Secretary that includes--
``(1) data on the number of homeless children and youths
(as such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)) and foster care
children and youth served through the project; and
``(2) a description of any strategies or program
enhancements that were used in the project and that were
effective in meeting the needs of homeless children and youths
and foster care children and youth.''.
SEC. 11. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS.
Section 404C(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a-23(a)(2)) is amended--
(1) in subparagraph (I), by striking ``and'' after the
semicolon;
(2) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(K) describe how the eligible entity will
facilitate the participation of foster care children
and youth and homeless children and youths (as such
term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)),
including--
``(i) how the eligible entity will identify
foster care children and youth and homeless
children and youths, in collaboration with
child welfare agencies, homeless shelters, and
local educational agency liaisons for homeless
children and youths 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) how the eligible entity will collect
and submit to the Secretary data on the number
of homeless children and youths and foster care
children and youth served; and
``(iii) the policies and practices the
eligible entity will adopt to remove barriers
to the participation of homeless children and
youths and foster care children and youth,
including policies to facilitate continued
participation despite changes in residence
resulting from homelessness or foster care
placement and policies consistent with the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.).''.
SEC. 12. GRANT FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443(b)(6) of the Higher Education Act of 1965 (42 U.S.C.
2753(b)(6)) is amended by inserting ``, and prioritize employment for
students who are currently or formerly 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 foster care children and youth''
after ``thereof''.
SEC. 13. EXCLUDABLE INCOME.
Section 480(e) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(e)) is amended by striking paragraph (5) and inserting the
following:
``(5) payments made and services provided under part E of
title IV of the Social Security Act, including the value of
vouchers for education and training made available under
section 477 of such Act, and any payments made directly to the
youth as part of an extended foster care program pursuant to
such part E; and''.
SEC. 14. CONSOLIDATING QUESTIONS REGARDING HOMELESS STATUS IN FAFSA.
Section 483(a)(4) of the Higher Education Act of 1965 (20 U.S.C.
1090(a)(4)) is amended by adding at the end the following:
``(C) Single question regarding homeless status.--
The Secretary shall ensure that, on each form developed
under this section for which the information is
applicable, there is a single, easily understood
screening question to identify an applicant for aid who
is--
``(i) an unaccompanied homeless child or
youth (as such term is defined in section 725
of the McKinney-Vento Homeless Assistance Act);
or
``(ii) an unaccompanied youth who is self-
supporting and at risk of homelessness.''.
SEC. 15. IN-STATE TUITION RATES FOR HOMELESS CHILDREN OR YOUTHS AND
FOSTER CARE CHILDREN AND YOUTH.
Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d)
is amended--
(1) in the section heading, by inserting ``and foster care
children and youth'' after ``children'';
(2) in subsection (a)--
(A) by striking ``(a) Requirement.--In the case''
and inserting the following:
``(a) Requirement.--
``(1) Armed forces.--In the case''; and
(B) by adding at the end the following:
``(2) Homeless children or youths and foster care children
or youth.--In the case of a homeless child or youth or a foster
care child or youth, such State shall not charge such
individual tuition for attendance at a public institution of
higher education in the State at a rate that is greater than
the rate charged for residents of the State.''; and
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) Effective Date.--
``(1) Armed forces.--With respect to an individual
described in subsection (a)(1), this section shall take effect
at each public institution of higher education in a State that
receives assistance under this Act for the first period of
enrollment at such institution that begins after July 1, 2009.
``(2) Homeless children or youths and foster care children
or youth.--With respect to an individual described in
subsection (a)(2), this section shall take effect at each
public institution of higher education in a State that receives
assistance under this Act for the first period of enrollment at
such institution that begins during the first full award year
following the date of enactment of the Higher Education Access
and Success for Homeless and Foster Youth Act.
``(d) Definitions.--In this section:
``(1) Armed forces.--The terms `armed forces' and `active
duty for a period of more than 30 days' have the meanings given
those terms in section 101 of title 10, United States Code.
``(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).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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