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HomeMy WebLinkAboutCOM 0632.005 2014-2016 COUNTY CLERK COUNTY OF HAWAII RECEIVED . Testimony on Bill 136 Time rSPI4 a Date //17-1/& MCS 45/' Clifford Kopp, DDS January 22, 2016 Thank you for allowing me to testify today on this important issue. Bill 136 is a step forward, but unfortunately only a minimal step. If adopted and implemented, some 32 beds will be established for homeless individuals. However, this County has an estimated 1,300 people that are homeless, 400 of them children. I understand that County officials have been working to find solutions for this problem for more than two years, through the CHIRP effort. Given this length of time and the number of unsheltered people, 32 beds is inadequate, as it addresses less than 3% of the issue, and 0% of the mothers and the children, who for no fault of their own, are living an unsheltered existence in Hawaii County. Why are we afraid to think bigger? Why, when we've known about this problem for so long, do we prepare legislation for only 32 beds? How long are we going to have to wait to see meaningful, long- term, coordinated shelters, which offer protection, hygiene and government and social services support? Hawaii County has by far, the smallest number of shelter beds based on population, anywhere in the State of Hawaii. Based on population, we have 1/3 as many shelter beds as does either Honolulu County or Maui County. 82% of the homeless on Hawaii Island live unsheltered, which is more than double that of Oahu. It is shocking that in Hawaii County, 73% of families with children live unsheltered. That is nearly three times worse than the situation on Maui where only 26% of families with children live unsheltered and six times worse than on Oahu where only 12% of families with children live unsheltered. Simply stated, there are no available beds, now or into the foreseeable future. (Q69 b COM% r40: Ref. To: L ""' JAN 2 2 2018 How does Hawaii County compare nationally? Nationwide, only 3% of homeless school-age children live unsheltered. In my research, I have to date not found any County in the United States that has a higher percentage of unsheltered children than Hawaii County. In February 2008, a U.S. District Court Chief Judge ordered the Hawaii Department of Education to abide by the McKinney Vento Act of 1986, and provide equal access to education for homeless children. Judge Gillmor ruled that the DOE must do more to identify homeless children. Has this ruling had any impact here in Hawaii County? Eight years later, and we stand by and abide children, the so-called "hidden homeless", who are not attending school, and as a County and a State, we continue to place all of the responsibility on in many cases, traumatized mothers. . We need to think, plan and create hundreds of shelter beds as a long- term solution. 32 beds in five years, it is not enough, and says nothing to the greatness of the people of Hawaii. http://www.childtrends.org/?indicators=homeless-children-and-youth October 2015, page 4, Differences by Living Situation; page 12 App. 1 http://humanservices.hawaii.gov/bessd/files/2015/06/Statewide- 2015-PIT-Report- FINAL1.pdf https://www.aclu.org/news/federal-judge-rules-state-hawaii- department-education-must-fulfill-its-obligation-homeless http://center.serve.org/oche/downloads/briefs/reauthorization.pdf . MCKINNEY VENTO—LAW INTO PRACTICE The McKinney-Vento Act At a Glance t' ;;r This summary provides a brief overview of the key provisions of ' t' Subtitle VII-B of the McKinney-Vento Homeless Assistance Act, , • '(,/'tt reauthorized by Title X, Part C, of the No Child Left Behind Act. The ° ,k `,,,; full text of the law can be found at http://www.serve.org/nche/na- v.php. In addition, a comprehensive series of issue briefs on various topics in the law can be found at http://www.serve.org/nche/briefs. 1 php. Issue briefs, which explain key legislative provisions and offer strategies for implementation, are available on many topics, �' r`',--._--1 including those designated in this summary with an asterisk(*). Definitions* Academic Achievement The McKinney-Vento Homeless • States must describe in their - " Assistance Act includes a state McKinney-Vento plan µ .. how students in homeless definition of who is considered .5 situations are or will be homeless for the purposes of given the opportunity to this subtitle of the Act and, meet the same challenging therefore, eligible for the rights state academic achievement Who is homeless?(Sec.725) and protections it provides. standards all students are expected to meet. The term"homeless children and youth" The guiding phrase of the Y • Students in homeless (A) means individuals who lack a fixed, definition states that children regular,and adequate`nighttime and • youth who"lack a fixed, situations must have access residence...;and ° regular, and adequate nighttime to the educational and other services they need to (B) includes— residence are considered ensure that they have an (i) children and youths who are homeless. The definition opportunity to meet the same sharing the housing of other then specifies some living challenging state student persons due to loss of housing, arrangements that would be academic achievement economic hardship,or a similar considered a homeless situation standards to which all reason;are living in motels,hotels, trailer parks,or camping grounds due to not meeting the fixed, students are held. due to the lack of alternative . regular, and adequate standard. accommodations;are living in Examples include children School Selection* emergency or transitional shelters; and youth who are sharing the ■ Local Educational Agencies are abandoned in hospitals;or are awaiting foster care placement; housing of others due to loss of (LEAs), otherwise known (ii) children and youths who have a housing, economic hardship, or as school districts, must, primary nighttime residence that a similar reason; children and to the extent feasible, is a public or private place not youth who are staying in a motel keep students in homeless designed for or ordinarily used as or hotel due to lack of adequate situations in their school of a regular sleeping accommodation alternative accommodations; origin(defined as the school for human beings... the student attended when children and youth who are permanently housed or the (iii) children and youths who are living p Y in cars,parks,public spaces, living in an emergency or school in which the student ° abandoned buildings,substandard transitional shelter; and many was last enrolled), unless housing,bus or train stations,or other situations (see panel at left it is against the parent's similar settings;and for full definition). or guardian's wishes. . (iv) migratory children who qualify as (See Transportation, this homeless for the purposespf this page,for information on subtitle because the children are living in circumstances described in clauses(i)through(iii). 1 The McKinney-Vento Act At a Glance (continued) .. transportation to the school of birth certificate, proof of placement of homeless origin.) guardianship, or other students promptly. • Students can continue documents. The term "enroll" • Whenever a dispute arises, attending their school of is defined by the McKinney- the student must be admitted origin the entire time they Vento Act as"attending immediately to the requested classes and participating fully are homeless and until theinschool while the dispute is end of any academic year school activities . being-resolved. in which they move into • Enrolling schools must obtain • If a student is sent to a school permanent housing. school records from the previous school, and students other than the school of origin • Students may also choose to or the school requested by enroll in any public school must be enrolled in school the parent or guardian, the that students living in the while records are obtained. LEA must provide the parent same attendance area are • If a student does not or guardian with a written eligible to attend. (See have immunizations or explanation of its decision Enrollment, this page.) immunization or medical and the right to appeal. (See • If a student is sent to a school records, the liaison must Dispute Resolution, this immediately assist in page.) other than the school of origin obtaining them, and the or the school requested by • The school must refer the the parent or guardian, the student must be enrolled in student, parent, or guardian LEA must provide the parent school in the interim. to the local liaison to carry or guardian with a written ■ Schools must maintain out the dispute resolution explanation of its decision records for students process as expeditiously as and the right to appeal. (See experiencing homelessness so possible. (See Local Liaisons, Dispute Resolution, this that they can be transferred next page,for the duties of page.) promptly to future schools, as local liaisons.) • Local homeless education needed. • Local liaisons must ensure liaisons must help • States must address that the same access to the unaccompanied youth(youth barriers resulting from dispute resolution process is who are not in the physical enrollment delays caused by provided to unaccompanied custody of a parent or immunization and medical youth. guardian) choose and enroll records requirements, in a school, after considering residency requirements, Transportation* the youth's wishes, and must lack of birth certificates, ■ At a parent or guardian's provide the youth with notice school records or other of his/her right to appeal an documentation, guardianship request, homeless students enrollment choice that goes issues, or uniform or dress must be provided with against his/her wishes. (See code requirements. transportation to and from Local Liaisons, next page, for their school of origin. ■ States and LEAs must the appointment and duties of • For unaccompanied youth, the local liaison.) develop, review, and revise transportation to and from their policies to remove barriers to the school the school of origin must be Enrollment* enrollment and retention provided at the local liaison's • LEAs must enroll students of children and youth in request. in homeless situations homeless situations. • If the student's temporary immediately, even if they do residence and the school of not have documents normally Dispute Resolution* origin are in the same LEA, required for enrollment, such that LEA must provide as previous school records, ■ Every state must establish transportation. If the student medical or immunization procedures to resolve disputes is living outside the school of records, proof of residency,, regarding the educational origin's LEA, the LEA where 2 The McKinney-Vento Act At a Glance (continued) the student is living and the to participate in the • States that receive school of origin's LEA must education of their children. McKinney-Vento funds are determine how to divide the prohibited from segregating responsibility and cost of o Public notice of the homeless students in separate providing transportation, educational rights of schools, separate programs students in homeless or they must share the within schools, or separate responsibility and cost situations is disseminated settings within schools.' equally. where children and youth receive services under • If McKinney-Vento services • In addition to providing . the Act(such as schools, are provided on school transportation to the school family shelters, and soup grounds, schools must not of origin, LEAs must provide kitchens). provide services in settings students in homeless within a school that segregate o Enrollment disputes are situations with transportation homeless children and services comparable to those mediated in accordance youth from other children provided to other students. with the provisions of and youth, except as is the McKinney-Vento Act.• necessary for short periods Local Liaisons* (See Dispute Resolution, of time for health and safety previous page.) . emergencies or to provide • Every LEA must designate o Parents, guardians, and temporary, special, and an appropriate staff person unaccompanied youth supplementary services. as a local homeless education are informed fully of all liaison. available transportation • SEAs and LEAs must adopt • Local liaisons must ensure services, including to the policies and practices to that: school of origin, and are ensure that homeless children assisted in accessing these and youth are not segregated o Children and youth in or stigmatized on the basis of services. homeless situations their status as homeless. are identified by school ■ Local liaisons must personnel and through collaborate and coordinate • Services provided with nto coordination activities with with State Coordinators McKinneyeplace Act funds other entities and agencies. for Homeless.Education must not replace the regular and community and school academic program and must o Children and youth enroll be designed to expand upon in, and have full and equal personnel responsible for the or improve services provided opportunity to succeed in, provision of education and as part of the school's regular the schools of the LEA. related services to children academic program. and youth in homeless o Families, children, and situations. Local Subgrants youth receive educational • State Coordinators and services for which they LEAs must inform school • States are required to award are eligible, including personnel, service providers, competitive subgrants to Head Start,Even Start, LEAs based oonn need and the and pre-school programs and advocates who work P p gr quality of the application administered by the LEA; with families in homeless situations of the duties of the 1 States that had separate schools operated in and referrals to health, local liaison. mental health, dental, and FY2000 in a `covered county"are excluded other appropriate services. from the prohibition, and are eligible to Segregation* receive McKinney funds, providing that o Parents or guardians are the covered schools and the LEAs that the • Homelessness alone is informed of educational homeless children enrolled in the covered and related opportunities not sufficient reason to schools are eligible to attend meet the available to their children separate students from requirements specified for them in the Act. and are provided with the mainstream school (Covered counties are Orange County, CA; meaningful opportunities environment. San Diego County,CA;San Joaquin County, CA;and Maricopa County,AZ.) 3 I' • The McKinney-Vento Act At a Glance (continued) submitted. disputes, records,.comparable the agencies and entities s In determining the quality services, coordination, local that receive McKiinney-. of an application, states liaison duties, review and Vento funds and administer must consider the applicant's revision of policies, and the McKinney-Vento programs. needs assessment;the types, prohibition on segregation. intensity, and coordination • States must distribute at Funding of services to be provided; least 75% of their McKinney- • The minimum amount of the involvement of parents Vento allocation to LEAs funding that any state can or guardians;the extent to in the form of competitive receive is $150,000, one- which children and youth subgrants, except that states quarter of one percent-of the are integrated into regular . funded at the minimum level overall appropriation, or the education programs;the must distribute at least 50% amount the state received quality of the applicant's of their McKinney-Vento Act in FY2001.If there are evaluation plan;the extent allocations to LEAs. insufficient funds available to. to which McKinney-Vento allot the minimum amount to services will be coordinated Federal Activities each state,the allotments to with other available services; states will be reduced based ■ The U.S. Department of and such other measures as on the proportionate share the state considers indicative Education must periodically that each state received in of a high-quality program. collect and disseminate the preceding fiscal year. data and information on Statewide Activities the number and location • $70 million is authorized for of children and youth in FY2002 and such sums as • The Office of the State homeless situations, the may be necessary for fiscal Coordinator for Homeless educational services they years 2003 through 2007.2 Education must provide receive,the extent to which technical assistance, in their educational needs coordination with local are being met, and such liaisons, to all LEAs in order other data and information 2 The authorized funding level is the ceiling, to ensure compliance with the as is determined to be or maximum amount,that Congress sets for following LEA requirements: necessary and relevant. The a program. The amount of funding that is school choice/placement, Department is required to actually provided is determined annually by best interest determination, coordinate data collection the congressional appropriations process.In enrollment, enrollment and dissemination with FY2008,Congress appropriated$64 million for the EHCY program. 4 DONATE FEDERAL JLOGI nULES THAT THE STATE OF HAVIAH {DEPARTMENT OF EDUCATIONI t` 1JST F J F LL ITS O tLIOATIOVI TO HOMELESS SS O LDREES February 14, 2008 FOR IMMEDIATE RELEASE CONTACT: mediaPaclu.org HONOLULU — U.S. District Court Chief Judge Helen Gillmor has ordered the Hawaii Department of Education (DOE) to change its enrollment procedures to ensure equal access for homeless children. After hearing from civil rights groups and attorneys representing three homeless parents and their five children on 2/11/08, Judge Gillmor granted their motion for preliminary injunction in part and their motion to proceed as a class action. The lawsuit, filed byLawyers for Equal Justice ("LEJ"), ACLU of Hawaii �^'Y q ( )� ("ACLU"), and the law firm of Alston Hunt Floyd & Ing ("AHFI"), charges State and DOE officials with ignoring their legal obligations to provide homeless children with equal access to a free and appropriate public education in violation of the federal McKinney-Vento Homeless Assistance Act ("Act"). The lawsuit also charges State officials with violating constitutional requirements to provide equal access to public education without regard to the status of homelessness. "The DOE's disregard of the McKinney-Vento Act has virtually guaranteed that the poor and homeless children of Hawaii will become poor and homeless adults," said William Durham, an attorney with Lawyers for Equal Justice. "The DOE has ignored these problems for years, and it is deplorable that these children needed a court order from a federal judge for the DOE to do the right thing and comply with the law." Durham explained that, because homeless families are often required to move from place to place in search of shelter, schools are often a tremendously stabilizing force for homeless children. The DOE admits that, if families are forced to move out of their school district and transfer schools — even once — students can easily lose two to six months of educational progress. The McKinney-Vento Act, passed by Congress in 1986, funds states to remove barriers to homeless children's receipt of a public education. Hawaii requested and received about $200,000 last year. The Act also requires the DOE to identify homeless students and inform them of their rights. Under the Act, a student is "homeless" even if she or he is living in a shelter (including every kind of emergency or transitional shelter), living "doubled up" with friends or family, living at a motel, or living on the beach. DOE documents show that there are tens of thousands of homeless and "hidden homeless" in Hawaii, many of whom are school-aged children. In deciding for the plaintiffs, Chief Judge Helen Gillmor found that the DOE's current enrollment process and data collection procedures actually thwart the purposes of the Act, forcing homeless families to overcome daunting bureaucratic hurdles just to stay in school. Gillmor ruled that the DOE must do more to identify homeless children and ensure that they are allowed to stay in one school. She also ordered that this case can proceed as a class action, meaning that the Court's ruling will benefit all homeless families in Hawaii. Paul Alston, President and director of the law firm Alston Hunt Floyd & Ing, argued the motions before the Court on Monday. He described the DOE as completely failing in its obligations: "This year they (the DOE) know they're ' serving only 30o homeless kids and only twenty out of eighteen-thousand hidden homeless kids. It's just a disaster and they're simply not doing what the federal law requires." "The DOE's current procedures are nonsensical" said Daniel Gluck, ACLU of Hawaii senior staff attorney. "The DOE blames homeless parents for not knowing their rights, but the DOE has done virtually nothing to let parents know what their rights are in the first place. This is compounded by the fact that the DOE's own enrollment forms and administrative rules are illegal, actually preventing these children from being identified and helped." The lawsuit names as defendants Judy Tonda, Department of Education ("DOE") Homeless Coordinator; Patricia Hamamoto, DOE Superintendent; Robert McClelland, DOE Systems Accountability Office Director; Board of Education members Karen Knudsen, John Penebacker, Herbert Watanabe, Breene Harimoto, Dr. Eileen Clarke, Dr. Lei Ahu Isa, Kim Coco Iwamoto, Mary Cochran, Maggie Cox, Cec Heftel, Denise Matsumoto, Donna Ikeda, and Garrett Toguchi; and Dr. Chiyome Fukino, Department of Health Director. Lawyers for Equal Justice ("LEJ") is a legal aid organization that was created in 2001 to complement existing legal service providers that assist financially disadvantaged people. LEJ engages in legal advocacy, including the bringing of class actions, to assist low income individuals and communities in the enforcement of their rights and the obtaining of benefits under the law or governmental policies and regulations. The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in the U.S. and State Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation, and public education programs statewide. The ACLU of Hawaii is a non-partisan and private non-profit organization that provides its services at no cost to the public and does not accept government funds. The ACLU of Hawaii has been serving Hawaii for over 40 years.