California Legislature—2015–16 Regular Session

Assembly BillNo. 801


Introduced by Assembly Member Bloom

February 26, 2015


An act to amend Sections 66025.9, 69514.5, 69561, and 76300 of, and to add Sections 67003.5 and 68084.5 to, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 801, as introduced, Bloom. Postsecondary education: Success for Homeless Youth in Higher Education Act.

(1) Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. Among other things, the act requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority in that system for registration for enrollment to foster youth, as defined, or former foster youth, until the repeal of this provision on January 1, 2017.

This bill would enact the Success for Homeless Youth in Higher Education Act. The bill would extend the above-referenced priority requirement, with respect to the California State University and community college districts, and would extend the request for the granting of priority, with respect to the University of California, to include homeless youth and former homeless youth, as defined, and extend the existence of this provision until January 1, 2020. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(2) Existing provisions of the Donahoe Higher Education Act set forth various duties and responsibilities for state entities, such as the California State University, the California Community Colleges, the University of California, and the Treasurer, with respect to federal assistance to higher education. Existing provisions of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program set forth the requirements for status as a “qualifying institution,” whose students are eligible, if as individuals they meet pertinent program requirements, to receive Cal Grant awards.

This bill would require qualifying institutions, other than the University of California, which would be requested to do so, to designate a Homeless and Foster Student Liaison within the institution’s financial aid office and to inform current and prospective students of the institution about student financial aid and other assistance available to current and former homeless youth and current and former foster youth, as specified. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(3) Existing law establishes standards relating to the determination of a student’s residence for purposes of setting the amount of tuition and fees that are owed by that student. Existing law provides that a student who currently resides in California and is 19 years of age or under at the time of enrollment, and who is currently a dependent or ward of the state through California’s child welfare system, or was formerly served by California’s child welfare system, as specified, may be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

This bill would additionally provide that a student who currently resides in California and is 19 years of age or under at the time of enrollment may be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident if he or she has been determined at any time during the 2 years immediately preceding the residency classification determination to be homeless, as defined. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(4) Existing law establishes the Student Aid Commission and assigns to it numerous duties with respect to student financial aid programs, including the Community College Student Financial Aid Outreach Program and the Student Opportunity and Access Program. Both of these programs include provisions addressing the needs of youth from low-income households, and specifically include low-income youth within the scope of the respective programs.

This bill would additionally place homeless youth and former homeless youth, as defined, within the scope of these programs.

(5) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the governing board of each community college district to charge an enrollment fee of $46 per unit per semester, but authorizes the waiver of this fee for students meeting specified requirements.

This bill would add a person who is, at the time of enrollment, a homeless youth or former homeless youth, as defined, to the groups of persons eligible for this fee waiver. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Success for Homeless Youth in Higher Education Act.

3

SEC. 2.  

Section 66025.9 of the Education Code is amended to
4read:

5

66025.9.  

(a) The California State University and each
6community college district shall, and the University of California
7is requested to, with respect to each campus in their respective
8jurisdictions that administers a priority enrollment system, grant
9priority in that system for registration for enrollment to a foster
10youth or former foster youthbegin insert or a homeless youth or former
11homeless youthend insert
.

12(b) For purposes of thisbegin delete section, “fosterend deletebegin insert section:end insert

P4    1begin insert(1)end insertbegin insertend insertbegin insert“Fosterend insert youth” means a person who is currently in foster
2care, and “former foster youth” means a person who is an
3emancipated foster youth and who isbegin delete up toend delete 24 years of agebegin insert or
4youngerend insert
.

begin insert

5(2) (A) “Homeless” has the same meaning as defined in Section
6725 of the federal McKinney-Vento Homeless Assistance Act (42
7U.S.C. Sec. 11434a), as it read on December 31, 2015.

end insert
begin insert

8(B) “Homeless youth” means a person who is 24 years of age
9or younger and who has been determined to be homeless at any
10time during the current calendar year, and “former homeless
11youth” means a person who is 24 years of age or younger, and
12who, while not currently homeless, has been determined to be
13homeless, at any time in the immediately preceding six calendar
14years, by any of the following:

end insert
begin insert

15(i) A homeless services provider, as that term is defined in
16paragraph (3) of subdivision (d) of Section 103577 of the Health
17and Safety Code.

end insert
begin insert

18(ii) The director of a federal TRIO program or Gaining Early
19Awareness and Readiness for Undergraduate Programs program,
20or a designee of that director.

end insert
begin insert

21(iii) A financial aid administrator for an institution of higher
22 education.

end insert

23(c) This section shall remain in effect only until January 1,begin delete 2017,end delete
24begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
25that is enacted before January 1, begin delete2017, end deletebegin insert2020, end insertdeletes or extends
26that date.

27

SEC. 3.  

Section 67003.5 is added to the Education Code, to
28read:

29

67003.5.  

(a) A postsecondary educational institution that is a
30“qualifying institution,” as defined in Section 69432.7, shall do
31both of the following:

32(1) Designate a Homeless and Foster Student Liaison within
33the institution’s financial aid office. The Homeless and Foster
34Student Liaison shall be responsible for understanding the
35provisions of the federal Higher Education Act pertaining to
36independent student status and financial aid eligibility of current
37and former foster youth and unaccompanied homeless youth and
38former homeless youth, and shall assist these students in applying
39for and receiving federal and state financial aid.

P5    1(2) Inform current and prospective students of the institution
2about student financial aid and other assistance available to current
3and former homeless youth and current and former foster youth,
4including their eligibility as independent students under Section
51087vv of the federal Higher Education Act, as that section read
6on December 31, 2015.

7(b) The Regents of the University of California are requested
8to adopt policies that are, to the extent that is feasible, equivalent
9to the provisions of subdivision (a).

10(c) The definitions of foster youth, former foster youth, homeless
11youth, and former homeless youth in Section 66025.9 shall apply
12to this section.

13

SEC. 4.  

Section 68084.5 is added to the Education Code, to
14read:

15

68084.5.  

A student who currently resides in California and is
1619 years of age or under at the time of enrollment may be entitled
17to resident classification until he or she has resided in the state the
18minimum time necessary to become a resident if he or she has
19been determined at any time during the two years immediately
20preceding the residency classification determination to be homeless
21as that term is defined in subparagraph (A) of paragraph (2) of
22subdivision (b) of Section 66025.9.

23

SEC. 5.  

Section 69514.5 of the Education Code is amended to
24read:

25

69514.5.  

(a) The Community College Student Financial Aid
26Outreach Program is hereby established. The commission shall,
27in consultation with the office of the Chancellor of the California
28Community Colleges, develop and administer this program for the
29purpose of providing financial aid training to high school and
30community college counselors and advisors who work with
31students planning to attend or attending a community college. This
32training shall also address the specific needs of all of the following:

33(1) Community college students intending to transfer to a
34four-year institution of higher education.

35(2) Foster youthbegin insert, as defined in Section 66025.9end insert.

begin insert

36(3) Homeless youth and former homeless youth, as defined in
37Section 66025.9.

end insert
begin delete

38(3)

end delete

39begin insert(end insertbegin insert4)end insert Students with disabilities.

P6    1(b) The program shall provide specialized information on
2financial aid opportunities available to community college students,
3with a particular focus on students who plan to transfer to a
4four-year college or university. The commission shall work in
5collaboration with the Chancellor of the California Community
6Colleges and other segments of higher education to develop and
7distribute this specialized information to assist community college
8students who are planning to transfer to a four-year college or
9university. Each year, the program shall offer financial aid
10workshops for high school and community college counselors,
11targeted for students planning to attend a community college or to
12transfer from a community college to a four-year institution of
13higher education. The program shall assist community college
14counselors in conducting student and family workshops that
15provide general information about financial aid and technical
16assistance in completing financial aid forms.

17(c) The program shall concentrate its efforts on high schools
18and community colleges that are located in geographic areas that
19have a high percentage of low-income families.

20

SEC. 6.  

Section 69561 of the Education Code is amended to
21read:

22

69561.  

(a) The Student Opportunity and Access Program is
23administered by the Student Aid Commission.

24(b) The Student Aid Commission may apportion funds on a
25progress payment schedule for the support of projects designed to
26increase the accessibility of postsecondary educational
27opportunities for any of the following elementary and secondary
28school pupils:

29(1) Pupils who are from low-income families.

30(2) Pupils who would be the first in their families to attend
31college.

32(3) Pupils who are from schools or geographic regions with
33documented low-eligibility or college participation rates.

begin insert

34(4) Pupils who are homeless youth or former homeless youth,
35as defined in Section 66025.9.

end insert

36(c) These projects shall primarily do all of the following:

37(1) Increase the availability of information for these pupils on
38the existence of postsecondary schooling and work opportunities.

P7    1(2) Raise the achievement levels of these pupils so as to increase
2the number of high school graduates eligible to pursue
3postsecondary learning opportunities.

4(d) Projects may assist community college students in
5transferring to four-year institutions, to the extent that project
6resources are available.

7(e) Projects may provide assistance to low-income fifth and
8sixth grade pupils and their parents in order to implement outreach
9efforts designed to use the future availability of financial assistance
10as a means of motivating pupils to stay in school and complete
11college preparatory courses.

12(f) Projects may provide assistance to low-income middle and
13high school pupils and their parents in order to implement outreach
14efforts designed to use the future availability of financial assistance
15as a means of motivating pupils to stay in school by promoting
16career technical education public awareness. Projects shall promote
17the value of career technical education, available career programs
18in public schools and postsecondary segments with sequenced
19courses beginning in high school and continuing into postsecondary
20education, and the resulting career opportunities.

21(g) Each project shall be proposed and operated through a
22consortium that involves at least one secondary school district
23office, at least one four-year college or university, at least one
24community college, and at least one of the following agencies:

25(1) A nonprofit educational, counseling, or community agency.

26(2) A private vocational or technical school accredited by a
27national, state, or regional accrediting association recognized by
28the United States Department of Education.

29(h) The commission, in awarding initial project grants, shall
30give priority to proposals developed by more than three eligible
31agencies. Projects shall be located throughout the state in order to
32provide access to program services in rural, urban, and suburban
33areas.

34(i) The governing board of each project, comprising at least one
35representative from each entity in the consortium, shall establish
36management policy, provide direction to the project director, set
37priorities for budgetary decisions that reflect the specific needs of
38the project, and assume responsibility for maintaining the required
39level of matching funds, including solicitations from the private
40sector and corporate sources.

P8    1(j) Prior to receiving a project grant, each consortium shall
2conduct a planning process and submit a comprehensive project
3proposal to include, but not be limited to, the following
4information:

5(1) The agencies participating in the project.

6(2) The pupils to be served by the project.

7(3) The ways in which the project will reduce duplication and
8related costs.

9(4) The methods for assessing the project’s impact.

10(k) Each project shall include the direct involvement of
11secondary school staff in the daily operations of the project, with
12preference in funding to those projects that effectively integrate
13the objectives of the Student Opportunity and Access Program
14with those of the school district in providing services that are
15essential to preparing pupils for postsecondary education.

16(l) Each project shall maintain within the project headquarters
17a comprehensive pupil-specific information system on pupils
18receiving services through the program in grades 11 and 12 at
19secondary schools within the participating districts. This
20information shall be maintained in a manner consistent with the
21law relating to pupil records.

22(m)  At least 30 percent or the equivalent of each project grant
23shall be allocated for stipends to peer advisers and tutors who meet
24all of the following criteria:

25(1) Work with secondary school pupils.

26(2) Are currently enrolled in a college or other postsecondary
27school as an undergraduate or graduate student.

28(3) Have demonstrated financial need for the stipend.

29(n) Each project should work cooperatively with other projects
30in the program and with the commission to establish viable student
31services and sound administrative procedures and to ensure
32coordination of the activities of the project with existing
33educational opportunity programs. The Student Aid Commission
34may develop additional regulations regarding the awarding of
35project grants and criteria for evaluating the effectiveness of the
36individual projects.

37

SEC. 7.  

Section 76300 of the Education Code is amended to
38read:

39

76300.  

(a) The governing board of each community college
40district shall charge each student a fee pursuant to this section.

P9    1(b) (1) The fee prescribed by this section shall be forty-six
2dollars ($46) per unit per semester, effective with the summer term
3of the 2012 calendar year.

4(2) The board of governors shall proportionately adjust the
5amount of the fee for term lengths based upon a quarter system,
6and also shall proportionately adjust the amount of the fee for
7summer sessions, intersessions, and other short-term courses. In
8making these adjustments, the board of governors may round the
9per unit fee and the per term or per session fee to the nearest dollar.

10(c) For the purposes of computing apportionments to community
11college districts pursuant to Section 84750.5, the board of
12governors shall subtract, from the total revenue owed to each
13district, 98 percent of the revenues received by districts from
14charging a fee pursuant to this section.

15(d) The board of governors shall reduce apportionments by up
16to 10 percent to any district that does not collect the fees prescribed
17by this section.

18(e) The fee requirement does not apply to any of the following:

19(1) Students enrolled in the noncredit courses designated by
20Section 84757.

21(2) California State University or University of California
22students enrolled in remedial classes provided by a community
23 college district on a campus of the University of California or a
24campus of the California State University, for whom the district
25claims an attendance apportionment pursuant to an agreement
26between the district and the California State University or the
27University of California.

28(3) Students enrolled in credit contract education courses
29pursuant to Section 78021, if the entire cost of the course, including
30administrative costs, is paid by the public or private agency,
31corporation, or association with which the district is contracting
32and if these students are not included in the calculation of the
33full-time equivalent students (FTES) of that district.

34(f) The governing board of a community college district may
35exempt special part-time students admitted pursuant to Section
3676001 from the fee requirement.

37(g) (1) The fee requirements of this section shall be waived for
38any student who meets all of the following requirements:

39(A) Meets minimum academic and progress standards adopted
40by the board of governors, which fulfill the requirements outlined
P10   1in this paragraph and paragraphs (2) to (5), inclusive. Any
2minimum academic and progress standards adopted pursuant to
3this section shall be uniform across all community college districts
4and campuses. These standards shall not include a maximum unit
5cap, and community college districts and colleges shall not impose
6requirements for fee waiver eligibility other than the minimum
7academic and progress standards adopted by the board of governors
8and the requirements of subparagraph (B).

9(B) Meets one of the following criteria:

10(i) At the time of enrollment, is a recipient of benefits under the
11Temporary Assistance for Needy Families program, the
12Supplemental Security Income/State Supplementary Payment
13Program, or a general assistance program.

14(ii) Demonstrates eligibility according to income standards
15established by regulations of the board of governors.

16(iii) Demonstrates financial need in accordance with the
17methodology set forth in federal law or regulation for determining
18the expected family contribution of students seeking financial aid.

begin insert

19(iv) At the time of enrollment, is a homeless youth or former
20homeless youth as defined in Section 66025.9.

end insert

21(2) (A) The board of governors, in consultation with students,
22faculty, and other key stakeholders, shall consider all of the
23following in the development and adoption of minimum academic
24and progress standards pursuant to subparagraph (A) of paragraph
25(1):

26(i) Minimum uniform academic and progress standards that do
27not unfairly disadvantage financially needy students in pursuing
28their education.

29(ii) Criteria for reviewing extenuating circumstances and
30granting appeals that, at a minimum, take into account and do not
31penalize a student for circumstances outside his or her control,
32such as reductions in student support services or changes to the
33economic situation of the student.

34(iii) A process for reestablishing fee waiver eligibility that
35provides a student with a reasonable opportunity to continue or
36resume his or her enrollment at a community college.

37(B) To ensure that students are not unfairly impacted by the
38requirements of subparagraph (A) of paragraph (1), the board of
39governors shall establish a reasonable implementation period that
40commences no sooner than one year from adoption of the minimum
P11   1academic and progress standards, or any subsequent changes to
2these standards, pursuant to subparagraph (A) of paragraph (1)
3and that is phased in to provide students adequate notification of
4this requirement and information about available support resources.

5(3) It is the intent of the Legislature that minimum academic
6and progress standards adopted pursuant to subparagraph (A) of
7paragraph (1) be implemented only as campuses develop and
8implement the student support services and interventions necessary
9to ensure no disproportionate impact to students based on ethnicity,
10gender, disability, or socioeconomic status. The board of governors
11shall consider the ability of community college districts to meet
12the requirements of this paragraph before adopting minimum
13academic and progress standards, or any subsequent changes to
14these standards, pursuant to subparagraph (A) of paragraph (1).

15(4) It is the intent of the Legislature to ensure that a student shall
16not lose fee waiver eligibility without a community college campus
17first demonstrating a reasonable effort to provide a student with
18adequate notification and assistance in maintaining his or her fee
19waiver eligibility. The board of governors shall adopt regulations
20to implement this paragraph that ensure all of the following:

21(A) Students are provided information about the available
22student support services to assist them in maintaining fee waiver
23eligibility.

24(B) Community college district policies and course catalogs
25reflect the minimum academic and progress standards adopted
26pursuant to subparagraph (A) of paragraph (1) and that appropriate
27notice is provided to students before the policies are put into effect.

28(C) A student does not lose fee waiver eligibility unless he or
29she has not met minimum academic and progress standards adopted
30pursuant to subparagraph (A) of paragraph (1) for a period of no
31less than two consecutive academic terms.

32(5) The board of governors shall provide notification of a
33proposed action to adopt regulations pursuant to this subdivision
34to the appropriate policy and fiscal committees of the Legislature
35in accordance with the requirements of paragraph (1) of subdivision
36(a) of Section 70901.5. This notification shall include, but not be
37limited to, all of the following:

38(A) The proposed minimum academic and progress standards
39and information detailing how the requirements of paragraphs (1)
40to (4), inclusive, have been or will be satisfied.

P12   1(B) How many students may lose fee waiver eligibility by
2ethnicity, gender, disability, and, to the extent relevant data is
3available, by socioeconomic status.

4(C) The criteria for reviewing extenuating circumstances,
5granting appeals, and reestablishing fee waiver eligibility pursuant
6to paragraph (2).

7(h) The fee requirements of this section shall be waived for any
8student who, at the time of enrollment, is a dependent or surviving
9spouse who has not remarried, of any member of the California
10National Guard who, in the line of duty and while in the active
11service of the state, was killed, died of a disability resulting from
12an event that occurred while in the active service of the state, or
13is permanently disabled as a result of an event that occurred while
14in the active service of the state. “Active service of the state,” for
15the purposes of this subdivision, refers to a member of the
16California National Guard activated pursuant to Section 146 of
17the Military and Veterans Code.

18(i) The fee requirements of this section shall be waived for any
19student who is the surviving spouse or the child, natural or adopted,
20of a deceased person who met all of the requirements of Section
2168120.

22(j) The fee requirements of this section shall be waived for any
23student in an undergraduate program, including a student who has
24previously graduated from another undergraduate or graduate
25program, who is the dependent of any individual killed in the
26September 11, 2001, terrorist attacks on the World Trade Center
27and the Pentagon or the crash of United Airlines Flight 93 in
28southwestern Pennsylvania, if that dependent meets the financial
29need requirements set forth in Section 69432.7 for the Cal Grant
30A Program and either of the following applies:

31(1) The dependent was a resident of California on September
3211, 2001.

33(2) The individual killed in the attacks was a resident of
34California on September 11, 2001.

35(k) A determination of whether a person is a resident of
36California on September 11, 2001, for purposes of subdivision (j)
37shall be based on the criteria set forth in Chapter 1 (commencing
38with Section 68000) of Part 41 of Division 5 for determining
39nonresident and resident tuition.

P13   1(l) (1) “Dependent,” for purposes of subdivision (j), is a person
2who, because of his or her relationship to an individual killed as
3a result of injuries sustained during the terrorist attacks of
4September 11, 2001, qualifies for compensation under the federal
5September 11th Victim Compensation Fund of 2001 (Title IV
6(commencing with Section 401) of Public Law 107-42).

7(2) A dependent who is the surviving spouse of an individual
8killed in the terrorist attacks of September 11, 2001, is entitled to
9the waivers provided in this section until January 1, 2013.

10(3) A dependent who is the surviving child, natural or adopted,
11of an individual killed in the terrorist attacks of September 11,
122001, is entitled to the waivers under subdivision (j) until that
13person attains 30 years of age.

14(4) A dependent of an individual killed in the terrorist attacks
15of September 11, 2001, who is determined to be eligible by the
16California Victim Compensation and Government Claims Board,
17is also entitled to the waivers provided in this section until January
181, 2013.

19(m) (1) It is the intent of the Legislature that sufficient funds
20be provided to support the provision of a fee waiver for every
21student who demonstrates eligibility pursuant to subdivisions (g)
22to (j), inclusive.

23(2) From funds provided in the annual Budget Act, the board
24of governors shall allocate to community college districts, pursuant
25to this subdivision, an amount equal to 2 percent of the fees waived
26pursuant to subdivisions (g) to (j), inclusive. From funds provided
27in the annual Budget Act, the board of governors shall allocate to
28community college districts, pursuant to this subdivision, an
29amount equal to ninety-one cents ($0.91) per credit unit waived
30pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
31Legislature that funds provided pursuant to this subdivision be
32used to support the determination of financial need and delivery
33of student financial aid services, on the basis of the number of
34students for whom fees are waived. It also is the intent of the
35Legislature that the funds provided pursuant to this subdivision
36directly offset mandated costs claimed by community college
37districts pursuant to Commission on State Mandates consolidated
38Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
39(Enrollment Fee Waivers). Funds allocated to a community college
40district for determination of financial need and delivery of student
P14   1financial aid services shall supplement, and shall not supplant, the
2level of funds allocated for the administration of student financial
3aid programs during the 1992-93 fiscal year.

4(n) The board of governors shall adopt regulations implementing
5this section.

6(o) This section shall become operative on May 1, 2012, only
7if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
8operative.

9

SEC. 8.  

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.



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