BILL ANALYSIS Ó SB 1023 Page A Date of Hearing: June 17, 2014 ASSEMBLY COMMITTEE ON HUMAN SERVICES Mark Stone, Chair SB 1023 (Liu) - As Amended: June 12, 2014 SENATE VOTE : 37-0 SUBJECT : Community colleges: foster youth. SUMMARY : Permits the Chancellor of the California Community Colleges (CCC) to enter into agreements with ten community college districts to establish the Cooperating Agencies Foster Youth Educational Support (CAFYES) Program to support community college students who are or were formerly in foster care. Specifically, this bill : 1)Permits the Chancellor of the CCC to establish agreements with no more than ten community college districts to create the CAFYES Program to provide additional funding and support to community college students who are or were formerly in foster care. 2)Provides that funding for the CAFYES program will be separate and apart from the funding provided under existing cooperative agencies resources for education programs established under the Student Success Act, as specified, which includes such programs as Extended Opportunity Programs and Services (EOPS). 3)Requires the CAFYES program to provide outreach and recruitment, service coordination, counseling, book and supply grants, tutoring, independent living and financial literacy skills support, frequent in-person contact, career guidance, transfer counseling, child care and transportation assistance, and referrals to health services, mental health services, housing assistance, and other related services. 4)Requires interested community college districts to apply to the CCC Board of Governors (BOG) and provide information that includes the estimated number of foster youth who will be served and the extent of cooperation between the local county child welfare agency (CWA), the county probation department, local educational opportunity and services programs, and the school districts to ensure that services provided to eligible SB 1023 Page B youth are coordinated with, and do not supplant, other services provided by the county and state. 5)Requires students to comply with all of the following eligibility requirements in order to participate in the program: a) Be a current or former foster youth in California whose dependency was established or continued by the court on or after the youth's 16th birthday; and b) Be no older than 25 years of age at the commencement of any academic year in which he or she participates in the program. 6)Requires the CCC BOG to adopt regulations that authorize the director of the Community College EOPS to accept students who are enrolled for at least nine units into this program. 7)States the intent of the Legislature that any student who participates in the CAFYES Program shall also be participating in the Student Success and Support Program, as specified. 8)Requires the CCC BOG to adopt regulations to implement the CAFYES Program, in consultation with the Department of Social Services (DSS), and requires DSS, in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, and other advocates, to consult with the CCC Chancellor to ensure that the CAFYES program and services are coordinated with, and do not supplant, other services provided by the county and state. 9)Requires the CCC Board of Governors to provide a report to the Governor, the Legislature, and the California Child Welfare Council (CWC) by March 31, 2018, and every two years thereafter, describing its efforts to serve students who are current and former foster youth, as specified. 10)Provides that the CAFYES Program may only be operative if funds have been appropriated in the budget, as specified, and permits the CCC Chancellor to designate up to two percent of the funds allocated for program administration. 11)Permits the CCC BOG to authorize the Chancellor to designate up to three percent of funds allocated for program development SB 1023 Page C and program accountability. EXISTING LAW 1)Establishes the Community College Extended Opportunity Programs and Services (EOPS) to increase the enrollment of students who are affected by language, social and economic disadvantages, improve the delivery of programs and services to the disadvantaged, and increase the number of students who successfully complete their chosen educational objectives, are placed into career employment, and transfer to four year institutions. (EC 69640) 2)Authorizes the Chancellor's office, in cooperation with the CDSS and the Employment Development Department, to enter into agreements with community college districts that have established cooperative agencies resources for education (CARE) programs that serve single heads of households who receive California Work Opportunity and Responsibility to Kids (CalWORKs) assistance. Establishes that the purpose of the CARE program is to provide additional funds for support services, including, at a minimum, child care and transportation allowances, books and supplies, counseling, and other related services. (EC 79150) 3)States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (W&I Code 300.2) 4)States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (W&I Code 16000) 5)Establishes the California Fostering Connections to Success Act of 2010 (AB 12, Chapter 559, Statutes of 2010), which, among other provisions: SB 1023 Page D a) Provides for the extension of transitional foster care to eligible youth up to age 21 as a voluntary program for youth who meet specified work and education participation criteria; and, b) Requires changes to the Kin-GAP program in order to allow for federal financial participation in the program. 6)Defines a "nonminor dependent" as a current or former foster child between the ages of 18 and 21 who is in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and is participating in a transitional independent living plan. (WIC 11400(v)) 7)Provides that any minor may be rendered a ward of the court under juvenile jurisdiction, if he or she: a) Is beyond the control of his or her parents, as specified (WIC 601(a)); b) Violates any local or state curfew requirement, as specified (WIC 601(a)); c) Is a truant; defined as a minor with four or more unexcused school absences within a school year, as specified (WIC 601(b)); and d) Violated any federal, state or local law, except for minors who are 14 years of age or older who have committed murder, a sex offense, rape, spousal rape, a forcible sex offence, an act or forcible act of a lewd and lascivious nature upon a child under 14 years of age, as specified, forcible sexual penetration, or sodomy or oral copulation, as specified. (WIC 602) FISCAL EFFECT : According to the Senate Appropriations Committee, the actual level of program funding for this bill will be determined by the BOG, and presumably is based on a budget appropriation for this purpose. 1)Foster youth services: Approximately $2 million (General Fund) annually to provide the services described, depending on the distribution of eligible participants and the level of CCD participation. SB 1023 Page E 2)Administration: Approximately $175,000 (General Fund) to the CCCCO to establish the program and develop guidelines in coordination with specified groups, which includes 1 PY for the program and 1 PY office technician, and travel. Ongoing costs will likely be significantly less, once the programs are operational and staff is primarily responsible for only the reporting requirements. COMMENTS : Educational challenges for students in foster care : When compared to disadvantaged, underrepresented, and underprivileged subgroups of youth, including low socioeconomic level, developmentally disabled, and English learner students, students in foster care perform at lower levels than their peers. In fact, in a series of reports released by the Stuart Foundation, it has been demonstrated that students in foster care face uniquely separate and distinct challenges when compared to their peers due to their status of being in foster care. Further, in the Stuart Foundation's third report, which provides an overview of the specific educational outcomes of students in foster care by placement type, (e.g., foster family home, group home, etc.), it was found that "students in every type of foster care placement lagged significantly behind their peers who were not in foster care."<1> The challenges faced by students in foster care are not limited solely to one grade or range of grades in education; rather, they are systemic and span the experience of all students in foster care, whether it is in early care and education, preschool, kindergarten, grade school, middle school, high school or higher education. Beginning at a young age, it is estimated that only one in ten foster youth receive the early intervention services they need, and just over one-third have access to preschool, which is a significant predetermining factor in whether a child will demonstrate a readiness gap when --------------------------- <1> Stuart Foundation. The Invisible Achievement Gap: How the Foster Care Experiences of California Public School Students Are Associated with their Educational Outcomes - Part Two. 2014. Page ii. SB 1023 Page F entering Kindergarten.<2> When in school, by the third grade, 80% of foster children will have had to repeat a grade in school and 75% perform below their grade level. This can be due to a variety of reasons, which include the number of times a child in foster care will change placements and thus multiple schools throughout their K-12 academic career. Once foster youth are in high school, only one in 20 is proficient in math and one in five is proficient in English by grade 11. High school graduation and college going rates for students in foster care are even starker. In a 2011 report, also by the Stuart Foundation, which sampled approximately 11,300 youth between the 2002-03 and 2006-07 school years, it was found that students in foster care are less likely than other disadvantaged youth to complete high school, enroll in community college, or remain in community college. Specifically, the study found that students in foster care were 47% less likely to enter community college than the general student population and 51% less likely to return after the first year.<3> Low overall graduation numbers clearly have an impact on the even lower number of college going rates for students in foster care. Yet, for those foster youth who do enroll in college, specifically in community college, they experience greater rates of persistence and less likely stay enrolled and achieve an associate's degree or vocational certificate, or transfer on to a four-year college. By age 26, only 4.4% of foster youth will receive a two-year degree and 3.8% will earn a four-year degree. EOPS : The purpose of EOPS is to increase the enrollment of socio-economically or otherwise disadvantaged students who would otherwise struggle in college due to their economic status or language barriers. Through this program, students receive supportive services and are provided access to specialized programs that assist them with career services or with transferring to a four-year postsecondary institution. The intent of EOPS is to supplement the regular educational programs of the community college. In order to be eligible for EOPS, the --------------------------- <2> California Child Welfare Co-Investment Partnership. Understanding the Foster Youth Educational Outcomes; Comprehensive Supports Throughout Foster Youths' Lives Result in Better Outcomes. Volume V, 2011. Page Two. <3> Stuart Foundation. At Greater Risk: California Foster Youth and the Path from High School to College. 2013. SB 1023 Page G student must: 1)Be a resident of California; 2)Be enrolled full-time (12 units); the EOPS director is authorized to allow up to 10% of EOPS students to be enrolled in nine units; 3)Not have completed more than 70 units of degree applicable credit coursework; 4)Qualify to receive a Board of Governors Grant (low-income); and 5)Be educationally disadvantaged as determined by the EOPS director. (California Code of Regulations, Title 5, § 56220). To remain eligible for EOPS, a student must apply for financial aid, maintain academic progress, and complete and meet an educational plan and responsibility agreement. CARE : Current law authorizes the Chancellor's office, in cooperation with the Department of Social Services and Employment Development Department, to enter into agreements with community college districts that have established CARE programs. The purpose of the CARE program is to provide additional funds for support services that are to include at a minimum child care and transportation allowances, books and supplies, counseling, and other related services. This program allows community college districts to apply for funds by providing specific information as to how many students will be served and the types and level of coordinated services provided by other public agencies. Participants in CARE must be at least 18 years of age, be a single head-of-household, be receiving public assistance, and desire to complete his or her high school education or pursue a job-related curriculum. Need for the bill : Stating the need for the bill, the author writes: [This bill] creates a supplemental component of the Community College Extended Opportunity Programs and Services, which provides support and services that have shown to improve the academic success of disadvantaged SB 1023 Page H students. Services that may be provided include matriculation and transfer counseling, monitoring of academic progress, tutoring and mentoring, independent living skills support, and frequent in-person contact. Research shows that students who are enrolled in 12 units are more likely to meet their educational goals, yet full-time enrollment is a challenge for foster youth. Therefore, this bill authorizes foster youth enrolled in at least nine units to participate in this support program. The goal is to provide support and services that will help these students meet their educational goals. Writing in support of the bill, the National Center for Youth Law states: A key reason foster youth fail to succeed in community college is the lack of support on campus to meet their unique needs? The use of campus support programs is an evidence-based approach that proves that foster youth can overcome their serious academic delays and be successful when they receive the necessary academic and social support. A 2012 report concluded that foster youth who participate in campus support programs are three times more likely to persist in college than foster youth nationwide. Additionally, California's EOPS program has been rigorously evaluated and found to improve student outcomes. RECOMMENDED AMENDMENTS: Amendment #1 According to Part One of the Stuart Foundation's "The Invisible Achievement Gap: Education Outcomes of Students in Foster Care in California's Public Schools," during the 2009-10 school year two-thirds of all students in foster care were served in ten percent of the school districts in the state. Ten of these districts accounted for half of that number, or one-third of the overall population of students in foster care. Although an assessment of the number or percentage of current or former foster youth who are enrolled by community college district is unavailable, it is not unreasonable to presume that there are higher concentrations of current and former foster youth enrolled in certain community college districts. In order to increase the reach of this program and the number of foster youth it can serve, additional consideration regarding the SB 1023 Page I number of foster youth who may be served should be included in the criteria of how the CCC BOG chooses the community college districts that participate. Specifically, committee staff recommends amending the bill on page seven, line seven before "79222" to read: (a) If more than ten districts apply for the program, the board of governors shall give priority to those districts with the higher number of eligible students. Amendment #2 The bill currently requires the CCC Chancellor to provide a report "describing its efforts to serve students" in foster care to the Governor, the Legislature, and the CWC every two years beginning May 31, 2018. There are currently 111 community colleges and 72 community college districts in the state, and current and former foster youth can be found enrolled at all of them, yet the bill only allows ten community college districts to operate this program. Should this program prove successful, the report should include recommendations as to whether and how it can be expanded to benefit all students in foster care enrolled in a community college. Specifically, committee staff recommends amending the bill on page eight, line two after "foster care." to read: The report shall include recommendations on whether and how the program can be expanded to all community college districts and campuses. REGISTERED SUPPORT / OPPOSITION : Support California School Employees Association (CSEA) Children NOW County Welfare Directors Association of CA (CWDA) Alliance for Children's Rights American Federation of State, County and Municipal Employees (AFSCME) Aspiranet California Alliance of Child and Family Services California CASA California Federation of Teachers (CFT) SB 1023 Page J California School Employees Association (CSEA) Child Abuse Prevention Center (CAP Center) Children's Law Center Junior Lease of Los Angeles, Inc. National Center for Youth Law Ventura County Board of Supervisors John Burton Foundation ABODE Services Alameda County Office of Education Alliance for Children's Rights Beyond Emancipation Bienvenidos Children's Center Bill Wilson Center Butte College Butte County Independent Living Program California Alliance of Child and Family Services California CASA Association California State Polytechnic University, Pomona California State University, Chico California State University, San Marcos California Youth Connection Camellia Network CASA, Alameda CASA, Amador CASA, Butte and Glenn Counties CASA, Contra Costa County CASA, Del Norte County CASA, Eastern Sierra CASA, El Dorado CASA, Fresno and Madera Counties CASA, Kern County CASA, Kings County CASA, Lassen Family Services CASA, Los Angeles CASA, Marin CASA, Mariposa County CASA, Mendocino and Lake Counties CASA, Merced County CASA, Monterey County CASA, Orange County CASA, Sacramento CASA, San Benito County CASA, San Bernardino County CASA, San Francisco CASA, San Joaquin County SB 1023 Page K CASA, San Luis Obispo County CASA, San Mateo County CASA, Santa Barbara County CASA, Santa Cruz CASA, Shasta County CASA, Solano County CASA, Sonoma County CASA, Stanislaus County CASA, Tulare County CASA, Ventura County CASA, Yolo County Child Advocates of Nevada County Child Advocates of Placer County Child Advocates of Silicon Valley Children's Hope Foster Family Agency Children's Law Center of California College of the Desert College OPTIONS The Honorable Juan Vargas, 51st Congressional District County Welfare Director's Association Cuyamaca College Unlimited Potential Program East Bay Children's Law Offices Encompass Community Services Evergreen Valley College Every Child Foundation Family Care Network, Inc. First Place for Youth Five Acres Foster & Kinship Care Education Program, Los Rios Community College District Foster Care Counts Gavilan College Glenn County Office of Education Hartnell College Foster & Kinship Care Education Program Humboldt State University Imperial County Behavioral Health Services Imperial Valley College EOPS Imperial Valley College, Financial Assistance Office Imperial Valley Regional Occupational Program Larkin Street Youth Services Legal Services for Children Loyola Marymount University National Association of Social Workers National Center For Youth Law National Council of Jewish Women-California SB 1023 Page L New Alternatives, Inc. Norco College Peacock Acres Pepperdine University Promises2Kids Public Counsel Redwood Children's Services, Inc. Redwood Community Action Agency Richstone Family Center Riverside Community College District San Gabriel Children's Center San Joaquin County Human Services Agency San Jose State University Guardian Scholars Program Santa Ana College Santa Monica College Guardian Scholars Program Shasta College Shasta College Shasta County Independent Living Program SIA Tech Skyline College Social Advocates for Youth Soroptimist International of Visalia Southbay Community Services University of California, Berkeley University of California, Davis University of California, Riverside Victor Valley Community College W&W Community Development, Inc. West Hills College Coalinga West Los Angeles College YWCA Santa Monica/Westside Opposition None on file. Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089