The Every Student Succeeds Act of 2015: Improving Access to HUD Homeless Assistance Programs Barbara Duffield, August 2016

NAEHCY National membership association dedicated to educational excellence for children and youth experiencing homelessness, from early childhood through higher education.  Local Youth Task Forces, State Higher Ed Networks, Early Childhood Committee Technical assistance on policy implementation. Bringing your voices to Congress and state legislatures. Youth leadership and support. 2

Overview of Training 3 Understanding HUD Homeless Assistance: the Continuum of Care, Emergency Solutions Grants, and their Program Components ESSA provisions: Required training of liaisons by SEAs on homeless definitions Local liaison authority to affirm HUD homeless status ED definition of homelessness HUD definition of homelessness Considerations on eligibility and documentation

Understanding HUD Homeless Services: What is a Continuum of Care? 4 A Continuum of Care (CoC) is a regional or local planning body that coordinates housing and services funding for homeless families and individuals. Submits application to HUD for funding. Develops long-term strategic plan and year- round planning efforts. Manages HUD’s required bi-annual “Point in Time” count of people who meet HUD’s definition of homelessness.

What “Program Components” May be Available Though the HUD CoC? 5 1. Permanent housing. Permanent supportive housing (PSH) is permanent housing with indefinite leasing or rental assistance paired with services to help homeless people with disabilities; and Rapid re-housing (RRH) emphasizes housing search and relocation services and short- and medium-term rental assistance to move people as rapidly as possible into permanent housing. Services also may be provided.

What “Program Components” May be Available Though the HUD CoC? 6 2. Transitional housing. May be used to cover the costs of up to 24 months of housing with accompanying support services. Program participants must have a lease or occupancy agreement in place when residing in transitional housing.

What “Program Components” May be Available Though the HUD CoC? 7 3. Supportive Services Only. Limited to recipients and subrecipients providing services to individuals and families not residing in housing operated by the recipient. SSO recipients and subrecipients may use the funds to conduct outreach to sheltered and unsheltered homeless persons, link clients with housing or other necessary services, and provide ongoing support.

What “Program Components” May be Available Though the HUD CoC? 8 4. Homelessness Prevention. The services under this component may include housing relocation and stabilization services as well as short- and medium-term rental assistance to prevent an individual or family from becoming homeless. Through this component, recipients and subrecipients may help individuals and families at-risk of homelessness to maintain their existing housing or transition to new permanent housing.

Emergency Solutions Grant 9 Emergency Solutions Grant (ESG) is a formula grant (non-competitive) program. Eligible recipients generally consist of metropolitan cities, urban counties, territories, and states. Program components include Street Outreach, Emergency Shelter, Homelessness Prevention, Rapid Re-housing, and HMIS.

The Every Student Succeeds Act: New Provisions to Improve Access to HUD Homeless Assistance State coordinators must:  Develop and implement professional development programs for liaisons and other LEA personnel to improve their identification of McKinney-Vento children and youth and heighten their awareness of, and capacity to respond to, specific needs in those children’s and youths’ education.  Such training must include information on certain specified federal definitions of homelessness. 10

School District Liaisons: New ESSA Duty and Authority Liaisons must participate in professional development and technical assistance as determined appropriate by the State Coordinator (g)(1)(F)(ii) Local liaisons are authorized to affirm that students meet the Department of Housing and Urban Development (HUD) definition of homelessness, to qualify them for HUD homeless assistance programs (g)(6)(D) 11

The ED Definition and HUD Definition: The Super Short, Super Simple Version 12 Living SituationEducation (ED)Housing (HUD) Unsheltered LocationsYes Emergency Shelters/ Transitional HousingYes Hotels and MotelsYes, if due to lack of adequate alternatives Yes, if paid for by govt/charity; if paying with income, only under very limited conditions Staying with Others TemporarilyYes, if due to loss of housing, economic hardship, or similar reason Only under very narrow conditions At Risk of HomelessnessNo such definition in the law Includes all families and youth homeless under other federal definitions

The Details: The Education Definition (1) 13 Children who lack a fixed, regular, and adequate nighttime residence— 11434a(2)  Sharing the housing of others due to loss of housing, economic hardship, or similar reason. [75% of identified MV students in 2013–14]  Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations. [Motels: 6% of identified MV students in 2013–14]

The Details: The Education Definition (2) 14 Children who lack a fixed, regular, and adequate nighttime residence—  Living in emergency or transitional shelters. [15% of identified MV students in 2013–14]  Living in a public or private place not designed for humans to live.  Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, or similar settings.  Utilities; infestations; mold; dangers (Guidance A3)  Awaiting foster care placement (until 12/10/16).

Case-by-case determination. Get as much information as possible (with sensitivity and discretion). Look at the MV definition (specific examples in the definition first, then overall definition). Considerations for families/youth who are staying with other people:  Where would you go if you couldn’t stay here?  What led you to move in to this situation? NCHE’s Determining Eligibility brief is available at Determining Eligibility under the ED Definition 15

The HUD Definition: Category 1 16 (1) Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an institution where (s)he has resided for 90 days or less and resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

The HUD Definition: Category 2 17 (2) Individual or family who will imminently lose their primary nighttime residence, provided that: (i) Residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks needed to obtain other permanent housing. * This includes motels that are not paid for by charity or government, and housing that is shared with others

The HUD Definition: Category 3 18 (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by two moves or more in the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers.

The HUD Definition: Category 4 19 (4) Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and (iii) Lacks the resources or support networks to obtain other permanent housing.

ED Guidance 20 L-4. Can an LEA determine whether a child or youth is homeless according to HUD’s definition of “homeless”? Yes. A local liaison who receives this training may affirm, without further agency action by HUD, that a child or youth who is eligible for and participating in a program provided by the LEA, or the child or youth’s immediate family, who meets the eligibility requirements for a homeless assistance program or service authorized under Title IV of the McKinney- Vento Act (the CoC and ESG programs) is eligible for such program or service. (Section 722(g)(6)(D)).

ED Guidance, Continued 21 Local liaisons may make this affirmation in the form of a signed letter on district letterhead that, at a minimum, identifies the most recent primary nighttime residence of the homeless child, youth, or family that was verified by the local liaison ED Guidance, L-4. To determine to whom to address or send the letter, please contact the Collaborative Applicant for the CoC at tion=main.searchresults&programid=3

General Considerations 22 Being eligible under HUD’s definition of homelessness does not necessarily mean a family or youth is eligible for a specific HUD-funded homeless assistance program, because HUD imposes additional criteria. For example, HUD limits eligibility for Rapid Rehousing programs to people staying on the street or in emergency shelters. It is important to know how programs are funded in your community, and if additional eligibility criteria exist (domestic violence, age, disabilities, etc.).

HUD’s Documentation Requirements 23 HUD regulations require that each condition and sub-condition be documented in specific ways. For more information about HUD’s documentation requirements: a-and-recordkeeping-requirements-for-definition-of- homeless/

Considerations on Documentation (1) 24 It is the responsibility of the recipient or sub- recipient of funds under HUD’s homeless assistance programs (not the child or youth and his or her family presenting for assistance) to determine whether a child or youth and his or her family are eligible for their project, and to obtain whatever documentation is necessary to maintain in the case file to document that eligibility Guidance, L-5.

Considerations on Documentation (2) 25 Local liaisons can provide affirmation of where the child or youth and his or her family have been residing. If any criteria related to HUD’s homeless definition cannot be documented by a third party, like the liaison, the family or youth’s own written certification that they meet the criteria is generally sufficient Guidance, L-5.

Supportive Service Only (SSO) Safe Haven Transitional Housing Permanent Supportive Housing Category #1 Unsheltered, Shelters, Transitional Shelters, etc. XXXX Category #2 “Imminent Risk” XX Category #3 Under other Federal Statute XX Category #4 Fleeing or attempting to flee DV XXX HUD Categories of Homelessness: Who is Eligible by CoC Program Component CoCs must receive prior HUD approval to serve Category 3.

Living situationStreet Outreach Emergency Shelter Rapid Re- housing Homeless Prevention Category #1 Unsheltered, Shelters, Transitional Shelters, etc. XXX Category #2 “Imminent Risk” XX Category #3 Under other Federal Statute XX Category #4 Fleeing or attempting to flee DV XXXX HUD Categories of Homelessness: Who is Eligible by ESG Program Component Street Outreach programs must serve persons sleeping in a place not designed for or ordinarily used as a regular sleeping accommodation. RRH programs and Homelessness prevention programs must only serve participants with annual income at or below 30% of CMI.

Possible Benefits of New ESSA Policy 28 Liaisons may be able to assist additional families and youth, and HUD homeless assistance providers, because of liaisons’ unique knowledge of families and youth who are experiencing homelessness. Collaborations between school districts and HUD CoCs may improve, especially if processes are put in place to streamline referrals, and if providers/educators receive cross-training.

Families/Youth in Motels and Fleeing DV 29 Under HUD’s definition, families/youth whose motel room is paid for by government/charity meet Category 1, and are eligible for RRH (and possibly PSH, if they have an individual family member with a disability). Under HUD’s definition, families/youth who are fleeing or attempting to flee domestic violence, and have nowhere else to go, meet Category 4, and are eligible for PSH, if they have an individual family member with a disability. Liaisons may have more information about/access to these families and youth, and can assist in affirming their eligibility to access HUD homeless services.

Limitations of New ESSA Policy 30 ESSA does not change HUD’s definition, which still excludes most homeless children and youth. Families who pay to stay in motels, or who are staying with others temporarily, are most likely to fit HUD’s Category 2; however, people in this category are only eligible for the programs that HUD is systematically defunding (SSO and TH). For the most part, HUD is requiring communities to fund RRH and PSH; only people in Categories 1 and 4 are eligible for those programs. Hence, there is very little HUD Homeless Assistance available for most people in motels/staying with others.

This Makes My Head Hurt. Is There a More Sensible Policy Solution? 31 Why yes, there is! It’s called “The Homeless Children and Youth Act.” Bi-partisan legislation that amends HUD’s definition of homelessness to include children and youth verified as homeless by school liaisons, RHYA programs, Head Start, etc. Prohibits HUD from prioritizing one group over another; communities would be guided by local needs assessments. Expected to be re-introduced in the 115 th Congress.

General Resources HUD Exchange: Homelessness Assistance: National Association for the Education of Homeless Children and Youth Facebook and Twitter National Center on Homeless Education National Network for Youth 32