II 

109TH CONGRESS 

1ST SESSION S. 1429 

To amend the Higher Education Act of 1965 to assist homeless students 

in obtaining postsecondary education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2005 

Mrs. MURRAY (for herself and Mr. DEWINE) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL

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

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Access to 

5 Education for Students Who Are Homeless or in Foster 

6 Care Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 
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1 (1) According to a study of foster care children 

2 in the State of Washington, a child who enters foster 

3 care is likely to have poorer academic outcomes than 

4 a child not in foster care, even after controlling for 

5 a variety of factors such as poverty. 

6 (2) Youth in foster care— 

7 (A) are less likely to be enrolled in college 

8 preparatory classes than non-foster care youth; 

9 and 

10 (B) are more than twice as likely as non11 foster care youth (37 percent as compared to 

12 16 percent) to have dropped out of secondary 

13 school. 

14 (3) 50 percent of foster youth in the United 

15 States graduate from secondary school, compared 

16 with 85 percent of youth overall. 

17 (4) 70 percent of teens in foster care desire to 

18 go to college. 

19 (5) A report from Casey Family Programs indi20 cated that, nationwide, less than 27 percent of foster 

21 youth who graduated from secondary school went on 

22 to college, as compared to 52 percent of the general 

23 population. Moreover, the college dropout rate 

24 among foster youth is far higher than the rate 

25 among other students. 
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1 (6) A May 2002 report issued by the University 

2 of California at Berkeley found that, of more than 

3 3,200 foster care youth who attended a community 

4 college from 1992 through 2000— 

5 (A) 39 percent earned between 1 and 17 

6 credits; 

7 (B) 40 percent of the foster care youth 

8 earned no credits; and 

9 (C) many of the foster care youth did not 

10 attempt to take classes for credit, but rather 

11 were enrolled in remedial or other non-credit 

12 classes. 

13 (7) Unaccompanied youth experiencing home14 lessness often have left home for their own survival. 

15 (8) Although children and youth who experience 

16 homelessness represent the full range of academic 

17 talents and abilities, homelessness creates serious 

18 barriers to school enrollment, attendance, and suc19 cess. 

20 (9) The McKinney-Vento Homeless Assistance 

21 Act (42 U.S.C. 11301 et seq.) requires State edu22 cational agencies and local educational agencies to 

23 ensure that homeless children and youth receive a 

24 free and appropriate public education, but these pro25 visions do not reach beyond secondary education. 
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1 (10) The barriers created by homelessness to 

2 kindergarten through grade 12 education (extreme 

3 poverty, residential instability, lack of documenta4 tion, and lack of awareness of programs and re5 sources) often are also barriers to postsecondary 

6 education. 

7 (11) Higher education offers students experi8 encing homelessness the best hope for escaping pov9 erty and homelessness as adults. 

10 TITLE I—FINANCIAL ASSIST11 ANCE FOR STUDENTS WHO 

12 ARE HOMELESS OR IN FOS13 TER CARE 

14 SEC. 101. NEED ANALYSIS. 

15 (a) SPECIAL CIRCUMSTANCES.—Section 479A(a) of 

16 the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)) 

17 is amended, in the third sentence, by inserting ‘‘a change 

18 in housing status that results in homelessness,’’ before ‘‘or 

19 other changes’’. 

20 (b) INDEPENDENT STUDENT.—Section 480(d) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1087vv(d)) is 

22 amended to read as follows: 

23 ‘‘(d) INDEPENDENT STUDENT.— 
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1 ‘‘(1) DEFINITION.—The term ‘independent’, 

2 when used with respect to a student, means any in3 dividual who— 

4 ‘‘(A) is 24 years of age or older by Decem5 ber 31 of the award year; 

6 ‘‘(B) is an orphan, in foster care, or a 

7 ward of the court, or was in foster care or a 

8 ward of the court until the individual reached 

9 the age of 18; 

10 ‘‘(C) is an emancipated youth, as defined 

11 by the student’s State of legal residence; 

12 ‘‘(D) is in legal guardianship, as defined in 

13 section 475 of the Social Security Act (42 

14 U.S.C. 675); 

15 ‘‘(E) is a veteran of the Armed Forces of 

16 the United States (as defined in subsection 

17 (c)(1)); 

18 ‘‘(F) is a graduate or professional student; 

19 ‘‘(G) is a married individual; 

20 ‘‘(H) has legal dependents other than a 

21 spouse; 

22 ‘‘(I) has been verified as both a homeless 

23 child or youth and an unaccompanied youth, as 

24 such terms are defined in section 725 of the 

25 McKinney-Vento Homeless Assistance Act (42 
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1 U.S.C. 11434a), during the school year in 

2 which the application for financial assistance is 

3 submitted, by— 

4 ‘‘(i) a local educational agency liaison 

5 for homeless children and youths, as des6 ignated under section 722(g)(1)(J)(ii) of 

7 the McKinney-Vento Homeless Assistance 

8 Act (42 U.S.C. 11432(g)(1)(J)(ii)); 

9 ‘‘(ii) a director of a homeless shelter, 

10 transitional shelter, or independent living 

11 program; or 

12 ‘‘(iii) a financial aid administrator; or 

13 ‘‘(J) is a student for whom a financial aid 

14 administrator makes a documented determina15 tion of independence by reason of other unusual 

16 circumstances. 

17 ‘‘(2) SIMPLIFYING THE DEPENDENCY OVER18 RIDE PROCESS.—Nothing in this subsection shall be 

19 construed to prohibit a financial aid administrator 

20 from making a determination of independence under 

21 paragraph (1)(J) based upon a documented deter22 mination of independence under such paragraph that 

23 was previously made by another financial aid admin24 istrator in the same application year.’’. 
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1 (c) TAILORING ELECTRONIC APPLICATIONS FOR

2 STUDENTS WITH SPECIAL CIRCUMSTANCES.—Section 

3 483(a) of the Higher Education Act of 1965 (20 U.S.C. 

4 1090(a)) is amended by adding at the end the following: 

5 ‘‘(8) APPLICATIONS FOR STUDENTS SEEKING A

6 DOCUMENTED DETERMINATION OF INDEPEND7 ENCE.—In the case of a student seeking a docu8 mented determination of independence by a financial 

9 aid administrator, as described in section 

10 480(d)(1)(J), nothing in this section shall prohibit 

11 the Secretary from— 

12 ‘‘(A) allowing such student to indicate the 

13 student’s special circumstance on the electronic 

14 version of a form developed under paragraph 

15 (5); 

16 ‘‘(B) collecting and processing, on a pre17 liminary basis, data provided by such student 

18 using the electronic version of the form; or 

19 ‘‘(C) distributing such data to States, in20 stitutions of higher education, and guaranty 

21 agencies for the purposes of processing loan ap22 plications and determining need and eligibility 

23 for institutional and State financial aid awards 

24 for such student on a preliminary basis, pend-
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1 ing a documented determination of independ2 ence by a financial aid administrator.’’. 

3 TITLE II—FEDERAL EARLY OUT4 REACH AND STUDENT SERV5 ICES PROGRAMS FOR STU6 DENTS WHO ARE HOMELESS 

7 OR IN FOSTER CARE 

8 Subtitle A—Federal TRIO 

9 Programs 

10 SEC. 211. DEFINITION OF HOMELESS CHILDREN AND 

11 YOUTHS. 

12 Section 402A(g) of the Higher Education Act of 

13 1965 (20 U.S.C. 1070a–11(g)) is amended— 

14 (1) by redesignating paragraphs (2) and (3) as 

15 paragraphs (3) and (4); and 

16 (2) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) HOMELESS CHILDREN AND YOUTHS.—The 

19 term ‘homeless children and youths’ has the mean20 ing given the term in section 725 of the McKinney21 Vento Homeless Assistance Act (42 U.S.C. 

22 11434a).’’. 
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1 SEC. 212. TALENT SEARCH. 

2 Section 402B(b) of the Higher Education Act of 

3 1965 (20 U.S.C. 1070a–12(b)) is amended by striking 

4 paragraph (10) and inserting the following: 

5 ‘‘(10) programs and activities as described in 

6 paragraphs (1) through (9) which are specially de7 signed for— 

8 ‘‘(A) students of limited English pro9 ficiency; 

10 ‘‘(B) students who are homeless children 

11 and youths; and 

12 ‘‘(C) students who are in foster care or are 

13 aging out of the foster care system.’’. 

14 SEC. 213. UPWARD BOUND. 

15 Section 402C(b) of the Higher Education Act of 

16 1965 (20 U.S.C. 1070a–13(b)) is amended by striking 

17 paragraph (12) and inserting the following: 

18 ‘‘(12) programs and activities as described in 

19 paragraphs (1) through (11) which are specially de20 signed for— 

21 ‘‘(A) students of limited English pro22 ficiency; 

23 ‘‘(B) students who are homeless children 

24 and youths; and 

25 ‘‘(C) students who are in foster care or are 

26 aging out of the foster care system.’’. 
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1 SEC. 214. STUDENT SUPPORT SERVICES. 

2 Section 402D of the Higher Education Act of 1965 

3 (20 U.S.C. 1070a–14) is amended— 

4 (1) in subsection (a)(3)— 

5 (A) by striking ‘‘students and’’ and insert6 ing ‘‘students,’’; and 

7 (B) by inserting ‘‘, students who are home8 less children and youths, and students who are 

9 in foster care or are aging out of the foster care 

10 system’’ before the period; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (9), by striking ‘‘and’’ 

13 after the semicolon; 

14 (B) by striking paragraph (10) and insert15 ing the following: 

16 ‘‘(10) programs and activities as described in 

17 paragraphs (1) through (9) which are specially de18 signed for— 

19 ‘‘(A) students of limited English pro20 ficiency; 

21 ‘‘(B) students who are or who were home22 less children and youths; and 

23 ‘‘(C) students who are in foster care or are 

24 aging out of the foster care system; and’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(11) assistance in securing temporary housing 

2 for— 

3 ‘‘(A) students who are, or who were, home4 less children and youths; or 

5 ‘‘(B) students who are in foster care or are 

6 aging out of the foster care system.’’. 

7 SEC. 215. EDUCATIONAL OPPORTUNITY CENTERS. 

8 Section 402F(b) of the Higher Education Act of 

9 1965 (20 U.S.C. 1070a–16(b)) is amended by striking 

10 paragraph (10) and inserting the following: 

11 ‘‘(10) programs and activities as described in 

12 paragraphs (1) through (9) which are specially de13 signed for— 

14 ‘‘(A) students of limited English pro15 ficiency; 

16 ‘‘(B) students who are homeless children 

17 and youths; and 

18 ‘‘(C) students who are in foster care or are 

19 aging out of the foster care system.’’. 

20 SEC. 216. STAFF DEVELOPMENT ACTIVITIES. 

21 Section 402G(b)(3) of the Higher Education Act of 

22 1965 (20 U.S.C. 1070a–17(b)(3)) is amended by striking 

23 ‘‘chapter.’’ and inserting ‘‘chapter, including strategies for 

24 recruiting and serving students who are homeless children 
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1 and youths, and students who are in foster care or are 

2 aging out of the foster care system.’’. 

3 Subtitle B—GEAR-UP Programs 

4 SEC. 221. REQUIREMENTS FOR GAINING EARLY AWARE5 NESS AND READINESS FOR UNDERGRADUATE 

6 PROGRAMS. 

7 Section 404B(c)(2) of the Higher Education Act of 

8 1965 (20 U.S.C. 1070a–22(c)(2)) is amended by striking 

9 ‘‘programs.’’ and inserting ‘‘programs, including programs 

10 under subtitle B of title VII of the McKinney-Vento 

11 Homeless Assistance Act (42 U.S.C. 11431 et seq.).’’. 

12 SEC. 222. EARLY INTERVENTION USE OF FUNDS. 

13 Section 404D(b)(2)(C) of the Higher Education Act 

14 of 1965 (20 U.S.C. 1070a–24(b)(2)(C)) is amended by in15 serting ‘‘, for students who are homeless children and 

16 youths, as defined in section 725 of the McKinney-Vento 

17 Homeless Assistance Act (42 U.S.C. 11434a), or for stu18 dents who are in foster care or are aging out of the foster 

19 care system’’ before the period. 
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1 TITLE III—DEMONSTRATION 

2 PROJECTS TO INCREASE EN3 ROLLMENT AND SUCCESS OF 

4 HIGHLY MOBILE STUDENTS 

5 IN POSTSECONDARY EDU6 CATION 

7 SEC. 301. PURPOSE. 

8 It is the purpose of this title to support demonstra9 tion projects in order to— 

10 (1) increase the secondary school graduation 

11 rates of highly mobile students; 

12 (2) increase the academic success of highly mo13 bile students in secondary school; and 

14 (3) increase the enrollment and success of high15 ly mobile students in higher education. 

16 SEC. 302. DEFINITIONS. 

17 In this title: 

18 (1) HIGHLY MOBILE STUDENTS.—The term 

19 ‘‘highly mobile students’’ means students who are— 

20 (A) homeless children and youths, as such 

21 term is defined in section 725 of the McKinney22 Vento Homeless Assistance Act (42 U.S.C. 

23 11434a); or 

24 (B) wards of the State. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (3) WARD OF THE STATE.—The term ‘‘ward of 

4 the State’’ means a child who— 

5 (A) is a ward of the State, as determined 

6 by the State where the child resides; or 

7 (B) is in the custody of a public child wel8 fare agency, including situations where the child 

9 is residing— 

10 (i) in a foster family home, group 

11 home, or other alternative residential set12 ting; or 

13 (ii) at home under protective super14 vision. 

15 SEC. 303. GRANTS AUTHORIZED. 

16 (a) COMPETITIVE GRANTS AUTHORIZED.—The Sec17 retary may award grants, contracts, and cooperative 

18 agreements, on a competitive basis, to— 

19 (1) partnerships consisting of— 

20 (A) a State educational agency; 

21 (B) a State department serving abused 

22 and neglected children; 

23 (C) a State department serving runaway, 

24 homeless, or at-risk youth; 
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1 (D) a State department serving homeless 

2 families or youth; and 

3 (E) 1 or more degree-granting institutions 

4 of higher education; and 

5 (2) partnerships consisting of— 

6 (A) 1 or more local educational agencies; 

7 (B) 1 or more degree-granting institutions 

8 of higher education; 

9 (C) a recipient of a grant under subtitle B 

10 of title IV of the McKinney-Vento Homeless As11 sistance Act (42 U.S.C. 11371 et seq.); and 

12 (D) 2 or more community organizations or 

13 entities, such as businesses, community-based 

14 organizations, faith-based organizations, State 

15 agencies, or other public or private agencies or 

16 organizations. 

17 (b) DURATION.—Grants contracts, and cooperative 

18 agreements under this title shall be awarded for a period 

19 of not more than 3 years. 

20 SEC. 304. APPLICATIONS. 

21 Each partnership desiring to receive a grant, con22 tract, or cooperative agreement under this title shall sub23 mit an application to the Secretary at such time, in such 

24 manner, and accompanied by such information as the Sec25 retary may require. Each application shall include— 
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1 (1) a description of how the partnership plans 

2 to carry out the activities required under this title; 

3 (2) a description of how the partnership will co4 ordinate and collaborate with transportation, edu5 cation, housing, social services, and child welfare 

6 agencies to prevent and reduce school mobility; 

7 (3) an assurance that all State and local edu8 cational agency members of the partnership will 

9 comply with the applicable grant recipient require10 ments of subtitle B of title VII of the McKinney11 Vento Homeless Assistance Act (42 U.S.C. 11431 et 

12 seq.) and section 1113(c)(3)(A) of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 

14 6313(c)(3)(A)); and 

15 (4) an assurance that the partnership will dem16 onstrate that, to the maximum extent practicable, 

17 the partnership is— 

18 (A) utilizing other resources (including 

19 Federal, State, and local funds, public transpor20 tation, and other community resources) to 

21 transport highly mobile students; and 

22 (B) collaborating with local housing, social 

23 services, and child welfare agencies to minimize 

24 the need for such transportation. 
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1 SEC. 305. AWARD CONSIDERATIONS. 

2 In awarding grants, contracts, or cooperative agree3 ments under this title, the Secretary shall consider the fol4 lowing: 

5 (1) The number of highly mobile students iden6 tified in the area proposed to be served by the part7 nership. 

8 (2) The extent to which each local educational 

9 agency member of the partnership has reserved ap10 propriate funds under section 1113(c)(3)(A) of the 

11 Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 6313(c)(3)(A)) to serve homeless chil13 dren. 

14 (3) The extent to which the partnership has 

15 demonstrated interagency collaboration among 

16 transportation, education, housing, social services, 

17 and child welfare agencies. 

18 (4) Evidence of past successful operation of 

19 programs for highly mobile students. 

20 SEC. 306. AUTHORIZED ACTIVITIES. 

21 Grants, contracts, and cooperative agreements under 

22 this title shall be used to carry out 1 or more of the fol23 lowing activities: 

24 (1) Services designed to assist highly mobile 

25 students in the completion of secondary school and 

26 in increasing academic success, such as— 
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1 (A) after-school and summer tutoring; 

2 (B) academic counseling; 

3 (C) skills assessment; 

4 (D) mentoring programs; and 

5 (E) exposure to cultural events, academic 

6 programs, and other activities not usually avail7 able to highly mobile students. 

8 (2) Services designed to assist highly mobile 

9 students with matriculation in an institution of high10 er education, such as— 

11 (A) academic advice and assistance in 

12 course selection; 

13 (B) assistance in completing college admis14 sion and financial aid applications; 

15 (C) assistance in preparing for college en16 trance examinations; 

17 (D) personal counseling; and 

18 (E) career workshops and counseling. 

19 (3) Services and strategies to prevent and re20 duce the mobility of highly mobile students, such 

21 as— 

22 (A) defraying the excess cost of trans23 porting highly mobile students to their schools 

24 of origin, as required under paragraphs 

25 (1)(J)(iii) and (3)(A) of section 722(g) of the 
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1 McKinney-Vento Homeless Assistance Act (42 

2 U.S.C. 11432(g)(1)(J)(iii) and (3)(A)), except 

3 that a grant recipient may not use more than 

4 25 percent of the total grant award received 

5 under this title for this use; 

6 (B) interagency coordination of services 

7 and policies, including transportation, edu8 cation, housing, social services, and child wel9 fare agencies; 

10 (C) family counseling, home visits, staff 

11 development, outreach, and supportive services; 

12 and 

13 (D) evaluation and dissemination of data, 

14 information, and promising practices. 

15 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to carry out 

17 this title $20,000,000 for fiscal year 2006 and such sums 

18 as may be necessary for each of the 5 succeeding fiscal 

19 years.

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