AB 801, as amended, 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
begin delete existenceend delete 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
begin delete Homeless and Foster Student Liaisonend delete within the begin delete institution’send delete financial aid begin delete officeend delete 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
begin delete mayend delete 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:
This act shall be known, and may be cited, as the
2Success for Homeless Youth in Higher Education Act.
Section 66025.9 of the Education Code is amended to
(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
P4 1priority in that system for registration for enrollment to a foster
2youth or former foster youth or a homeless youth or former
4(b) For purposes of this section:
5(1) “Foster youth” means a person who is currently in foster
6care, and “former foster youth” means a person who is an
7emancipated foster youth and who is 24 years of age or younger.
8(2) (A) “Homeless” has the same meaning as defined in Section
9725 of the federal McKinney-Vento Homeless Assistance Act (42
10U.S.C. Sec. 11434a), as it read on December 31, 2015.
11(B) “Homeless youth” means a person who is 24 years of age
12or younger and who has been determined to be homeless at any
13time during the current calendar year, and “former homeless youth”
14means a person who is 24 years of age or younger, and who, while
15not currently homeless, has been determined to be homeless, at
16any time in the immediately preceding six calendar years, by any
17of the following:
18(i) A homeless services provider, as that term is defined in
19paragraph (3) of subdivision (d) of Section 103577 of the Health
20and Safety Code.
21(ii) The director of a federal TRIO program or Gaining Early
22Awareness and Readiness for Undergraduate Programs program,
23or a designee of that director.
24(iii) A financial aid administrator for an institution of higher
26(c) This section shall remain in effect only until January 1, 2020,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2020, deletes or extends that date.
Section 67003.5 is added to the Education Code, to
(a) A postsecondary educational institution that is a
32“qualifying institution,” as defined in Section 69432.7, shall do
33both of the following:
begin delete a Homeless and Foster Student Liaisonend delete within the begin delete institution’send delete financial aid
begin delete office.end delete
38 The Homeless and Foster Student Liaison shall be responsible for
39understanding the provisions of the federal Higher Education Act
begin delete independent student status andend delete financial aid eligibility
P5 1of current and former foster youth and unaccompanied homeless
2youth and former homeless youth, and shall assist these
5students in applying for and receiving federal and state financial
begin delete aid.end delete
7(2) Inform current and prospective students of the institution
8about student financial aid and other assistance available to current
9and former homeless youth and current and former foster youth,
10including their eligibility as independent students under Section
111087vv of the federal Higher Education Act, as that section read
12on December 31, 2015.
13(b) The Regents of the University of California are requested
14to adopt policies that are, to the extent that is feasible, equivalent
15to the provisions of subdivision (a).
16(c) The definitions of foster youth, former foster youth, homeless
17youth, and former homeless youth in Section 66025.9 shall apply
18to this section.
Section 68084.5 is added to the Education Code, to
A student who currently resides in California and is
2219 years of age or under at the time of enrollment
begin delete mayend delete be
23entitled to resident classification until he or she has resided in the
24state the minimum time necessary to become a resident if he or she has been determined at any time during the
26two years immediately preceding the residency classification
27determination to be homeless as that term is defined in
28subparagraph (A) of paragraph (2) of subdivision (b) of Section
Section 69514.5 of the Education Code is amended to
(a) The Community College Student Financial Aid
33Outreach Program is hereby established. The commission shall,
34in consultation with the office of the Chancellor of the California
35Community Colleges, develop and administer this program for the
36purpose of providing financial aid training to high school and
37community college counselors and
begin delete advisorsend delete who work
38with students planning to attend or attending a community college.
39This training shall also address the specific needs of all of the
P6 1(1) Community college students intending to transfer to a
2four-year institution of higher education.
3(2) Foster youth, as defined in Section 66025.9.
4(3) Homeless youth and former homeless youth, as defined in
6(4) Students with disabilities.
7(b) The program shall provide specialized information on
8financial aid opportunities available to community college students,
9with a particular focus on students who plan to transfer to a
10four-year college or university. The commission shall work in
11collaboration with the Chancellor of the California Community
12Colleges and other segments of higher education to develop and
13distribute this specialized information to assist community college
14students who are planning to transfer to a four-year college or
15university. Each year, the program shall offer financial aid
16workshops for high school and community college counselors,
17targeted for students planning to attend a community college or to
18transfer from a community college to a four-year institution of
19higher education. The program shall assist community college
20counselors in conducting student and family workshops that
21provide general information about financial aid and technical
22assistance in completing financial aid forms.
23(c) The program shall concentrate its efforts on high schools
24and community colleges that are located in geographic areas that
25have a high percentage of low-income families.
Section 69561 of the Education Code is amended to
(a) The Student Opportunity and Access Program is
29administered by the Student Aid Commission.
30(b) The Student Aid Commission may apportion funds on a
31progress payment schedule for the support of projects designed to
32increase the accessibility of postsecondary educational
33opportunities for any of the following elementary and secondary
35(1) Pupils who are from low-income families.
36(2) Pupils who would be the first in their families to attend
38(3) Pupils who are from schools or geographic regions with
39documented low-eligibility or college participation rates.
P7 1(4) Pupils who are homeless youth or former homeless youth,
2as defined in Section 66025.9.
3(c) These projects shall primarily do all of the following:
4(1) Increase the availability of information for these pupils on
5the existence of postsecondary schooling and work opportunities.
6(2) Raise the achievement levels of these pupils so as to increase
7the number of high school graduates eligible to pursue
8postsecondary learning opportunities.
9(d) Projects may assist community college
10transferring to four-year institutions, to the extent that project
11resources are available.
12(e) Projects may provide assistance to low-income fifth and
13sixth grade 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 and complete
16college preparatory courses.
17(f) Projects may provide assistance to low-income middle and
18high school pupils and their parents in order to implement outreach
19efforts designed to use the future availability of financial assistance
20as a means of motivating pupils to stay in school by promoting
21career technical education public awareness. Projects shall promote
22the value of career technical education, available career programs
23 in public schools and postsecondary segments with sequenced
24courses beginning in high school and continuing into postsecondary
25education, and the resulting career opportunities.
26(g) Each project shall be proposed and operated through a
27consortium that involves at least one secondary school district
28office, at least one four-year college or university, at least one
29community college, and at least one of the following agencies:
30(1) A nonprofit educational, counseling, or community agency.
31(2) A private vocational or technical school accredited by a
32national, state, or regional accrediting association recognized by
33the United States Department of Education.
34(h) The commission, in awarding initial project grants, shall
35give priority to proposals developed by more than three eligible
36agencies. Projects shall be located throughout the state in order to
37provide access to program services in rural, urban, and suburban
39(i) The governing board of each project, comprising at least one
40representative from each entity in the consortium, shall establish
P8 1management policy, provide direction to the project director, set
2priorities for budgetary decisions that reflect the specific needs of
3the project, and assume responsibility for maintaining the required
4level of matching funds, including solicitations from the private
5sector and corporate sources.
6(j) Prior to receiving a project grant, each consortium shall
7conduct a planning process and submit a comprehensive project
8proposal to include, but not be limited to, the following
10(1) The agencies participating in the project.
11(2) The pupils to be served by the project.
12(3) The ways in which the project will reduce duplication and
14(4) The methods for assessing the project’s impact.
15(k) Each project shall include the direct involvement of
16secondary school staff in the daily operations of the project, with
17preference in funding to those projects that effectively integrate
18the objectives of the Student Opportunity and Access Program
19with those of the school district in providing services that are
20essential to preparing pupils for postsecondary education.
21(l) Each project shall maintain within the project headquarters
22a comprehensive pupil-specific information system on pupils
23receiving services through the program in grades 11 and 12 at
24secondary schools within the participating districts. This
25information shall be maintained in a manner consistent with the
26law relating to pupil records.
27(m) At least 30 percent or the equivalent of each project grant
28shall be allocated for stipends to peer advisers and tutors who meet
29all of the following criteria:
30(1) Work with secondary school pupils.
31(2) Are currently enrolled in a college or other postsecondary
32school as an undergraduate or graduate student.
33(3) Have demonstrated financial need for the stipend.
34(n) Each project should work cooperatively with other projects
35in the program and with the commission to establish viable student
36services and sound administrative procedures and to ensure
37coordination of the activities of the project with existing
38educational opportunity programs. The Student Aid Commission
39may develop additional regulations regarding the awarding of
P9 1project grants and criteria for evaluating the effectiveness of the
Section 76300 of the Education Code is amended to
(a) The governing board of each community college
6district shall charge each student a fee pursuant to this section.
7(b) (1) The fee prescribed by this section shall be forty-six
8dollars ($46) per unit per semester, effective with the summer term
9of the 2012 calendar year.
10(2) The board of governors shall proportionately adjust the
11amount of the fee for term lengths based upon a quarter system,
12and also shall proportionately adjust the amount of the fee for
13summer sessions, intersessions, and other short-term courses. In
14making these adjustments, the board of governors may round the
15per unit fee and the per term or per session fee to the nearest dollar.
16(c) For the purposes of computing apportionments to community
17college districts pursuant to Section 84750.5, the board of
18governors shall subtract, from the total revenue owed to each
19district, 98 percent of the revenues received by districts from
20charging a fee pursuant to this section.
21(d) The board of governors shall reduce apportionments by up
22to 10 percent to any district that does not collect the fees prescribed
23by this section.
24(e) The fee requirement does not apply to any of the following:
25(1) Students enrolled in the noncredit courses designated by
27(2) California State University or University of California
28students enrolled in remedial classes provided by a community
29 college district on a campus of the University of California or a
30campus of the California State University, for whom the district
31claims an attendance apportionment pursuant to an agreement
32between the district and the California State University or the
33University of California.
34(3) Students enrolled in credit contract education courses
35pursuant to Section 78021, if the entire cost of the course, including
36administrative costs, is paid by the public or private agency,
37corporation, or association with which the district is contracting
38and if these students are not included in the calculation of the
39full-time equivalent students (FTES) of that district.
P10 1(f) The governing board of a community college district may
2exempt special part-time students admitted pursuant to Section
376001 from the fee requirement.
4(g) (1) The fee requirements of this section shall be waived for
5any student who meets all of the following requirements:
6(A) Meets minimum academic and progress standards adopted
7by the board of governors, which fulfill the requirements outlined
8in this paragraph and paragraphs (2) to (5), inclusive. Any
9minimum academic and progress standards adopted pursuant to
10this section shall be uniform across all community college districts
11and campuses. These standards shall not include a maximum unit
12cap, and community college districts and colleges shall not impose
13requirements for fee waiver eligibility other than the minimum
14academic and progress standards adopted by the board of governors
15and the requirements of subparagraph (B).
16(B) Meets one of the following criteria:
17(i) At the time of enrollment, is a recipient of benefits under the
18Temporary Assistance for Needy Families program, the
19Supplemental Security Income/State Supplementary Payment
20Program, or a general assistance program.
21(ii) Demonstrates eligibility according to income standards
22established by regulations of the board of governors.
23(iii) Demonstrates financial need in accordance with the
24methodology set forth in federal law or regulation for determining
25the expected family contribution of students seeking financial aid.
26(iv) At the time of
enrollment, is a homeless youth or former
27homeless youth as defined in Section 66025.9.
28(2) (A) The board of governors, in consultation with students,
29faculty, and other key stakeholders, shall consider all of the
30following in the development and adoption of minimum academic
31and progress standards pursuant to subparagraph (A) of paragraph
33(i) Minimum uniform academic and progress standards that do
34not unfairly disadvantage financially needy students in pursuing
36(ii) Criteria for reviewing extenuating circumstances and
37granting appeals that, at a minimum, take into account and do not
38penalize a student for circumstances outside his or her control,
39such as reductions in student support services or changes to the
40economic situation of the student.
P11 1(iii) A process for reestablishing fee waiver eligibility that
2provides a student with a reasonable opportunity to continue or
3resume his or her enrollment at a community college.
4(B) To ensure that students are not unfairly impacted by the
5requirements of subparagraph (A) of paragraph (1), the board of
6governors shall establish a reasonable implementation period that
7commences no sooner than one year from adoption of the minimum
8academic and progress standards, or any subsequent changes to
9these standards, pursuant to subparagraph (A) of paragraph (1)
10and that is phased in to provide students adequate notification of
11this requirement and information about available support resources.
12(3) It is the intent of the Legislature that minimum academic
13and progress standards adopted pursuant to subparagraph (A) of
14paragraph (1) be implemented only as campuses develop and
15implement the student support services and interventions necessary
16to ensure no disproportionate impact to students based on ethnicity,
17gender, disability, or socioeconomic status. The board of governors
18shall consider the ability of community college districts to meet
19the requirements of this paragraph before adopting minimum
20academic and progress standards, or any subsequent changes to
21these standards, pursuant to subparagraph (A) of paragraph (1).
22(4) It is the intent of the Legislature to ensure that a student shall
23not lose fee waiver eligibility without a community college campus
24first demonstrating a reasonable effort to provide a student with
25adequate notification and assistance in maintaining his or her fee
26waiver eligibility. The board of governors shall adopt regulations
27to implement this paragraph that ensure all of the following:
28(A) Students are provided information about the available
29student support services to assist them in maintaining fee waiver
31(B) Community college district policies and course catalogs
32reflect the minimum academic and progress standards adopted
33pursuant to subparagraph (A) of paragraph (1) and that appropriate
34notice is provided to students before the policies are put into effect.
35(C) A student does not lose fee waiver eligibility unless he or
36she has not met minimum academic and progress standards adopted
37pursuant to subparagraph (A) of paragraph (1) for a period of no
38less than two consecutive academic terms.
39(5) The board of governors shall provide notification of a
40proposed action to adopt regulations pursuant to this subdivision
P12 1to the appropriate policy and fiscal committees of the Legislature
2in accordance with the requirements of paragraph (1) of subdivision
3(a) of Section 70901.5. This notification shall include, but not be
4limited to, all of the following:
5(A) The proposed minimum academic and progress standards
6and information detailing how the requirements of paragraphs (1)
7to (4), inclusive, have been or will be satisfied.
8(B) How many students may lose fee waiver
9ethnicity, gender, disability, and, to the extent relevant data is
10available, by socioeconomic status.
11(C) The criteria for reviewing extenuating circumstances,
12granting appeals, and reestablishing fee waiver eligibility pursuant
13to paragraph (2).
14(h) The fee requirements of this section shall be waived for any
15student who, at the time of enrollment, is a dependent or surviving
16spouse who has not remarried, of any member of the California
17National Guard who, in the line of duty and while in the active
18service of the state, was killed, died of a disability resulting from
19an event that occurred while in the active service of the state, or
20is permanently disabled as a result of an event that occurred while
21in the active service of the state. “Active service of the state,” for
22the purposes of this subdivision, refers to a member of the
23California National Guard activated pursuant to Section 146 of
24the Military and Veterans Code.
25(i) The fee requirements of this section shall be waived for any
26student who is the surviving spouse or the child, natural or adopted,
27of a deceased person who met all of the requirements of Section
29(j) The fee requirements of this section shall be waived for any
30student in an undergraduate program, including a student who has
31previously graduated from another undergraduate or graduate
32program, who is the dependent of any individual killed in the
33September 11, 2001, terrorist attacks on the World Trade Center
34and the Pentagon or the crash of United Airlines Flight 93 in
35southwestern Pennsylvania, if that dependent meets the financial
36need requirements set forth in Section 69432.7 for the Cal Grant
37A Program and either of the following applies:
38(1) The dependent was a resident of California on September
P13 1(2) The individual killed in the attacks was a resident of
2California on September 11, 2001.
3(k) A determination of whether a person is a resident of
4California on September 11, 2001, for purposes of subdivision (j)
5shall be based on the criteria set forth in Chapter 1 (commencing
6with Section 68000) of Part 41 of Division 5 for determining
7nonresident and resident tuition.
8(l) (1) “Dependent,” for purposes of subdivision
(j), is a person
9who, because of his or her relationship to an individual killed as
10a result of injuries sustained during the terrorist attacks of
11September 11, 2001, qualifies for compensation under the federal
12September 11th Victim Compensation Fund of 2001 (Title IV
13(commencing with Section 401) of Public Law 107-42).
14(2) A dependent who is the surviving spouse of an individual
15killed in the terrorist attacks of September 11, 2001, is entitled to
16the waivers provided in this section until January 1, 2013.
17(3) A dependent who is the surviving child, natural or adopted,
18of an individual killed in the terrorist attacks of September 11,
192001, is entitled to the waivers under subdivision (j) until that
20person attains 30 years of age.
21(4) A dependent of an individual killed in the terrorist attacks
22of September 11, 2001, who is determined to be eligible by the
23California Victim Compensation and Government Claims Board,
24is also entitled to the waivers provided in this section until January
26(m) (1) It is the intent of the Legislature that sufficient funds
27be provided to support the provision of a fee waiver for every
28student who demonstrates eligibility pursuant to subdivisions (g)
29to (j), inclusive.
30(2) From funds provided in the annual Budget Act, the board
31of governors shall allocate to community college districts, pursuant
32to this subdivision, an amount equal to 2 percent of the fees waived
33pursuant to subdivisions (g) to (j), inclusive. From funds provided
34in the annual Budget Act, the board of governors shall allocate to
35community college districts, pursuant to this subdivision, an
36amount equal to ninety-one cents ($0.91) per credit unit waived
37pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
38Legislature that funds provided pursuant to this subdivision be
39used to support the determination of financial need and delivery
40of student financial aid services, on the basis of the number of
P14 1students for whom fees are waived. It also is the intent of the
2Legislature that the funds provided pursuant to this subdivision
3directly offset mandated costs claimed by community college
4districts pursuant to Commission on State Mandates consolidated
5Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
6(Enrollment Fee Waivers). Funds allocated to a community college
7district for determination of financial need and delivery of student
8financial aid services shall supplement, and shall not supplant, the
9level of funds allocated for the administration of student financial
10aid programs during the 1992-93 fiscal year.
11(n) The board of governors shall adopt regulations implementing
13(o) This section shall become operative on May 1, 2012, only
14if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.