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  









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            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  









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            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:  










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             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.









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          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. 












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          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.








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          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  









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               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  









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          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
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          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









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          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









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          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