Higher Education Access and Success for Homeless and Foster Youth Act
This bill revises provisions related to financial aid and higher education programs for children and youths who are homeless or in foster care.
It requires institutions of higher education (IHEs) participating in financial aid programs to, among other things, simplify the financial aid determinations process for these students. It also requires IHEs to designate a staff liaison to assist these students with support services, programs, and community resources in a variety of areas, including financial aid and housing.
The bill also requires these students to receive in-state tuition rates at public IHEs. Under current law, some states offer these students in-state tuition or provide them with tuition waivers.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1724 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1724
To amend the Higher Education Act of 1965 to improve the financial aid
process for homeless and foster care youth.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2019
Ms. Clark of Massachusetts (for herself, Mr. Young, and Mr. Langevin)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to improve the financial aid
process for homeless and foster care 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)(1)(H) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``during the school year in which
the application is submitted'';
(B) by inserting ``age 23 or younger'' after
``unaccompanied youth''; and
(C) by striking ``terms are'' and inserting ``term
is'';
(2) in clause (i), by inserting ``, or a designee of the
liaison'' after ``Act'';
(3) 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
(4) 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,''.
(b) Foster Care 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 youth.--The term `foster care 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. STREAMLINING DETERMINATIONS AND VERIFICATION.
Section 480(d) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(d)) is amended by adding at the end the following:
``(3) Simplifying the determination process for
unaccompanied youth.--
``(A) Verification.--A financial aid administrator
shall accept a determination of independence 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. Such a determination shall be--
``(i) based on the definitions outlined in
paragraph (1)(H);
``(ii) distinct from a determination of
independence under paragraph (1)(I);
``(iii) based on a documented interview
with the student; and
``(iv) limited to whether the student meets
the definitions in paragraph (1)(H) and not
about the reasons for the student's
homelessness.
``(C) Additional streamlining permitted.--Nothing
in this paragraph prohibits an institution from
implementing polices that--
``(i) streamline the determination of
independence under paragraph (1)(H); and
``(ii) improve a student's access to
financial aid because that student is an
unaccompanied youth.
``(4) Simplifying the verification process for foster care
youth.--
``(A) Verification of independence.--If an
institution requires documentation to verify that a
student is independent based on a status described in
paragraph (1)(B), a financial aid administrator shall
consider any of the following as adequate verification:
``(i) Submission of a court order or
official State documentation that the student
received Federal or State support in foster
care.
``(ii) A documented phone call with,
written statement from, or verifiable
electronic data match with--
``(I) a child welfare agency
authorized by a State or county;
``(II) a Tribal child welfare
authority;
``(III) an Independent Living case
worker;
``(IV) a public or private foster
care placing agency or foster care
facility or placement;
``(V) another program serving
orphans, foster care youth, or wards of
the court; or
``(VI) a probation officer.
``(iii) A documented phone call with, or a
written statement from, an attorney, a guardian
ad litem, or a Court Appointed Special
Advocate, documenting that person's
relationship to the student.
``(iv) A documented phone call with, or a
written statement from, a representative of a
Federal TRIO program or a Gaining Early
Awareness and Readiness for Undergraduate
program under chapter 1 or 2 of subpart 2 of
part A.
``(v) Verification of the student's
eligibility for an education and training
voucher under the John H. Chafee Foster Care
Independence Program (42 U.S.C. 677).
``(vi) Submission of a copy of the
student's biological or adoptive parents' or
legal guardians'--
``(I) Certificates of Death; or
``(II) verifiable obituaries.
``(vii) An attestation from the student,
which includes a description of why the student
may qualify for a status described in paragraph
(1)(B), including the approximate dates that
the student was in foster care, dependent, or a
ward of the court, to the best of the student's
knowledge after making reasonable efforts to
provide any requested documentation.
``(B) Additional streamlining permitted.--Nothing
in this paragraph prohibits an institution from
implementing polices that streamline the determination
of independent status and improve a student's access to
financial aid because that student is an orphan, in
foster care, or a ward of the court, or was an orphan,
in foster care, or a ward of the court at any time when
the student was 13 years of age or older.
``(5) Timing; use of earlier determination.--
``(A) Timing.--A determination under subparagraph
(B) or (H) of paragraph (1) 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.
``(B) Use of earlier determination.--Any student
who is determined to be independent under subparagraph
(B) or (H) of paragraph (1) for a preceding award year
at an institution shall be presumed to be independent
for each 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).
``(6) Retention of documents.--A financial aid
administrator shall retain all documents related to the
determination of independence under subparagraph (B) or (H) of
paragraph (1), including documented interviews, for the
duration of the student's enrollment at the institution and for
a minimum of 1 year after the student is no longer enrolled at
the institution.''.
SEC. 4. 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 individuals 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
Youth established in accordance with section 722 of
such Act (42 U.S.C. 11432).''.
SEC. 5. HOUSING AND DESIGNATION OF LIAISONS.
(a) Access to Housing.--Section 487(a)(19) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(19)) is amended--
(1) by striking ``The institution will not'' and inserting
the following: ``The institution--
``(A) will not'';
(2) inserting ``housing facilities,'' after ``libraries,'';
(3) by striking ``institution.'' and inserting
``institution; and''; and
(4) 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 477 of part E of title IV
of the Social Security Act or delays attributable to
the institution.''.
(b) Liaison.--Section 485 of the Higher Education Act of 1965 (20
U.S.C. 1092) is amended by adding at the end the following:
``(n) Each institution of higher education participating in any
program under this title shall--
``(1) have designated an appropriate staff person as a
liaison to assist homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a) and foster care youth in accessing and completing
postsecondary education, including by ensuring that such
homeless individuals and foster care youth are connected to
applicable and available student support services, programs,
and community resources in areas such as financial aid,
academic advising, housing, food, public benefits, health care,
health insurance, mental health, child care, transportation
benefits, and mentoring;
``(2) post public notice about student financial assistance
and other assistance available to such homeless individuals and
foster care youth, including their eligibility as independent
students under subparagraphs (B) and (H) of sections 480(d)(1);
``(3) give 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--
``(A) homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a);
``(B) youth who are unaccompanied, at risk of
homelessness, and self-supporting; and
``(C) foster care youth;
``(4) have developed a plan for how such homeless
individuals, youth who are unaccompanied, at risk of
homelessness, and self-supporting, and foster care 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
``(5) include, in its application for admission, questions
(to be answered voluntarily) regarding the applicant's status
as a homeless individual or foster care youth, that--
``(A) can be answered by the applicant voluntarily
for the limited purpose of being provided information
about financial aid or any other available assistance;
``(B) 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
individual or foster care youth; and
``(C) with consent of the applicant, may be shared
with the liaison after admission but prior to the
beginning of the next academic term.''.
SEC. 6. 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 youth
and homeless individuals described in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), and
make available to foster care youth and homeless individuals
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 youth,
homeless individuals, and''.
SEC. 7. 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 individuals described in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a),
including unaccompanied youth, and foster care 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 such homeless
individuals and foster care 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 such homeless individuals
and foster care youth.''.
SEC. 8. 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 individuals described in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a),
including unaccompanied youth, and foster care 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 such homeless individuals and foster
care 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 such homeless individuals
and foster care youth.''.
SEC. 9. 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 individuals described in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a),
including unaccompanied youth, and foster care 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 such homeless individuals, and
foster care 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 such homeless individuals
and foster care youth.''.
SEC. 10. 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 individuals described in section 725 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a),
including unaccompanied youth, and foster care 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 such homeless individuals and foster
care 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 such homeless individuals
and foster care youth.''.
SEC. 11. 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 Individuals and Foster Care
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 individuals described
in section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a) and foster care 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 such homeless individuals and
foster care youth.''.
SEC. 12. 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))--
(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 youth and
homeless individuals described 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 youth and such homeless
individuals, in collaboration with child
welfare agencies, homeless shelters, and local
educational agency liaisons for homeless
individuals 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 such homeless individuals and foster care
youth served; and
``(iii) the policies and practices the
eligible entity will adopt to remove barriers
to the participation of such homeless
individuals and foster care 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. 13. GRANT FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C.
1087-53(b)(6)) is amended by inserting ``, and prioritize employment
for students who are currently or formerly homeless individuals
described in section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a) or foster care youth'' after ``thereof''.
SEC. 14. 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 to or on behalf of any
child or youth over whom the State agency has responsibility
for placement, care, or supervision, including the value of
vouchers for education and training and amounts expended for
room and board for youth who are not in foster care but are
receiving services under section 477 of such Act; and''.
SEC. 15. CONSOLIDATING QUESTIONS REGARDING HOMELESS STATUS ON THE
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. 16. DATA TRANSPARENCY ON THE NUMBER OF FINANCIAL AID APPLICANTS.
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is
amended by adding at the end the following:
``(i) Data Transparency on the Number of Applicants.--
``(1) In general.--The Secretary shall annually publish
data on the number of individuals who apply for Federal student
aid pursuant to this section who are homeless individuals
described in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a), including unaccompanied
youth, and foster care youth.
``(2) Contents.--The data described in paragraph (1) with
respect to homeless individuals shall include, at a minimum,
for each application cycle--
``(A) the total number of all applicants who were
determined to be (or to be at risk of becoming)
unaccompanied homeless youth, under section
480(d)(1)(H);
``(B) the number of applicants described in
subparagraph (A), disaggregated--
``(i) by State; and
``(ii) by the sources of determination as
described in clauses (i) through (iv) of
section 480(d)(1)(H); and
``(C) the number of undetermined requests for
homelessness consideration, including statuses that
remain unknown because no determination had been made
in response the applicant's request for the institution
to consider the applicant's special circumstance of
being homeless.''.
SEC. 17. IN-STATE TUITION RATES FOR HOMELESS YOUTH AND FOSTER CARE
YOUTH.
Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d)
is amended--
(1) in the section heading, by inserting ``, homeless
youth, and foster care 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 youth and foster care youth.--In the case of
a homeless youth or a foster care 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 youth and foster care 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 youth.--The term `homeless youth' has the
meaning given the term `homeless children and youths' in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a).''.
SEC. 18. SECRETARIAL SUPPORT AND GUIDANCE FOR HOMELESS YOUTH AND FOSTER
CARE YOUTH.
Part B of title I (20 U.S.C. 1011 et seq.) is amended by adding at
the end the following:
``SEC. 124. SECRETARIAL SUPPORT AND GUIDANCE FOR HOMELESS YOUTH AND
FOSTER CARE YOUTH.
``(a) Guidance.--Not later than 120 days after the date of
enactment of the Higher Education Access and Success for Homeless and
Foster Youth Act, the Secretary shall issue revised guidance for
institutions and financial aid administrators regarding serving
unaccompanied homeless individuals described in section 725 of the
McKinney-Vento Homeless Assistance Act and individuals who are former
foster care youth.
``(b) Professional Development.--Beginning not later than 1 year
after the date of enactment of the Higher Education Access and Success
for Homeless and Foster Youth Act, the Secretary shall conduct an
annual professional development or training program, such as a webinar,
for liaisons described under section 485(n) and interested faculty or
staff regarding postsecondary education services for such homeless
individuals and foster care youth.
``(c) Report.--Not later than 1 year after the date of enactment of
the Higher Education Access and Success for Homeless and Foster Youth
Act, and not less than once every 5 years thereafter, the Secretary
shall prepare and submit to Congress a report containing strategies
used by institutions, financial aid administrators, and liaisons
described under section 485(n) that were effective in meeting the needs
of such homeless individuals and foster care youth, including
strategies relating to streamlining financial aid policies and
procedures and postsecondary education recruitment, retention, and
completion.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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