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 operation 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 staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as a Homeless and Foster Student Liaison, and to inform current and prospective students of the institution about student financial aid and other assistance available to
begin delete current and formerend delete 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.end delete
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 shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident if it is verified that 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.end delete
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.
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
begin delete a person who is,end delete at the time of enrollment, begin delete aend delete homeless begin delete youth or former homeless youth,end delete
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.
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
2community college district shall, and the University of California
3is requested to, with respect to each campus in their respective
4jurisdictions that administers a priority enrollment system, grant
5priority in that system for registration for enrollment to a foster
6youth or former foster youth or a homeless youth or former
8(b) For purposes of this section:
9(1) “Foster youth” means a person who is currently in foster
10care, and “former foster youth” means a person who is an
11emancipated foster youth and who is 24 years of age or younger.
12(2) (A) “Homeless” has the same meaning as defined in Section
13725 of the federal McKinney-Vento Homeless Assistance Act (42
14U.S.C. Sec. 11434a), as it read on December 31, 2015.
15(B) “Homeless youth” means a person who is 24 years of age
16or younger and who has been determined to be homeless at any
17time during the current calendar year, and “former homeless youth”
18means a person who is 24 years of age or younger, and who, while
19not currently homeless, has been determined to be homeless, at
20any time in the immediately preceding six calendar years, by any
21of the following:
22(i) A homeless services provider, as that term is defined in
23paragraph (3) of subdivision (d) of Section 103577 of the Health
24and Safety Code.
25(ii) The director of a federal TRIO program or Gaining Early
26Awareness and Readiness for Undergraduate Programs program,
27or a designee of that director.
28(iii) A financial aid administrator for an institution of higher
30(c) This section shall remain in effect only until January 1, 2020,
31and as of that date is repealed, unless a later enacted statute, that
32is 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
36“qualifying institution,” as defined in Section 69432.7, shall do
37both of the following:
38(1) Designate a staff member who is employed within the
39financial aid office, or another appropriate office or department,
40of the institution to serve as the Homeless and Foster Student
P5 1Liaison. The Homeless and Foster Student Liaison shall be
2responsible for understanding the provisions of the federal Higher
3Education Act pertaining to financial aid eligibility of current and
4former foster youth and unaccompanied homeless
begin delete youth and former
youth, and for identifying services available and
6appropriate for enrolled students who fall under one or more of
7these categories. The liaison shall assist these students in applying
8for and receiving federal and state financial aid and available
10(2) Inform current and prospective students of the institution
11about student financial aid and other assistance available to
begin delete current homeless youth and current and former foster youth,
12and formerend delete
13including their eligibility as independent students under Section
141087vv of the federal Higher Education Act, as that section read
15on December 31, 2015.
16(b) The Regents of the University of California are requested
17to adopt policies that are, to the extent that is feasible, equivalent
18to the provisions of subdivision (a).
19(c) The definitions of foster youth, former foster youth,
begin delete youth, and former homelessend delete youth in Section 66025.9
21shall apply to this section.
Section 68084.5 is added to the Education Code, to
A student who currently resides in California and is
2519 years of age or under at the time of enrollment shall be entitled
26to resident classification until he or she has resided in the state the
27minimum time necessary to become a resident if it is verified that
28he or she has been determined at any time during the two years
29immediately preceding the residency classification determination
30to be homeless as that term is defined in subparagraph (A) of
31paragraph (2) of subdivision (b) of Section 66025.9.
Section 69514.5 of the Education Code is amended to
(a) The Community College Student Financial Aid
36Outreach Program is hereby established. The commission shall,
37in consultation with the office of the Chancellor of the California
38Community Colleges, develop and administer this program for the
39purpose of providing financial aid training to high school and
40community college counselors and advisers who work with students
P6 1planning to attend or attending a community college. This training
2shall also address the specific needs of all of the following:
3(1) Community college students intending to transfer to a
4four-year institution of higher education.
5(2) Foster youth, as defined in Section 66025.9.
6(3) Homeless youth and former homeless youth, as defined in
8(4) Students with disabilities.
9(b) The program shall provide specialized information on
10financial aid opportunities available to community college students,
11with a particular focus on students who plan to transfer to a
12four-year college or university. The commission shall work in
13collaboration with the Chancellor of the California Community
14Colleges and other segments of higher education to develop and
15distribute this specialized information to assist community college
16students who are planning to transfer to a four-year college or
17university. Each year, the program shall offer financial aid
18 workshops for high school and community college counselors,
19targeted for students planning to attend a community college or to
20transfer from a community college to a four-year institution of
21higher education. The program shall assist community college
22counselors in conducting student and family workshops that
23provide general information about financial aid and technical
24assistance in completing financial aid forms.
25(c) The program shall concentrate its efforts on high schools
26and community colleges that are located in geographic areas that
27have a high percentage of low-income families.
Section 69561 of the Education Code is amended to
(a) The Student Opportunity and Access Program is
32administered by the Student Aid Commission.
33(b) The Student Aid Commission may apportion funds on a
34progress payment schedule for the support of projects designed to
35increase the accessibility of postsecondary educational
36opportunities for any of the following elementary and secondary
38(1) Pupils who are from low-income families.
39(2) Pupils who would be the first in their families to attend
P7 1(3) Pupils who are from schools or geographic regions with
2documented low-eligibility or college participation rates.
3(4) Pupils who are homeless youth or former homeless youth,
4as defined in Section 66025.9.
5(c) These projects shall primarily do all of the following:
6(1) Increase the availability of information for these pupils on
7the existence of postsecondary schooling and work opportunities.
8(2) Raise the achievement levels of these pupils so as to increase
9the number of high school graduates eligible to pursue
10postsecondary learning opportunities.
11(d) Projects may assist community college
12transferring to four-year institutions, to the extent that project
13resources are available.
14(e) Projects may provide assistance to low-income fifth and
15sixth grade pupils and their parents in order to implement outreach
16efforts designed to use the future availability of financial assistance
17as a means of motivating pupils to stay in school and complete
18college preparatory courses.
19(f) Projects may provide assistance to low-income middle and
20high school pupils and their parents in order to implement outreach
21efforts designed to use the future availability of financial assistance
22as a means of motivating pupils to stay in school by promoting
23career technical education public awareness. Projects shall promote
24the value of career technical education, available career programs
25 in public schools and postsecondary segments with sequenced
26courses beginning in high school and continuing into postsecondary
27education, and the resulting career opportunities.
28(g) Each project shall be proposed and operated through a
29consortium that involves at least one secondary school district
30office, at least one four-year college or university, at least one
31community college, and at least one of the following agencies:
32(1) A nonprofit educational, counseling, or community agency.
33(2) A private vocational or technical school accredited by a
34national, state, or regional accrediting association recognized by
35the United States Department of Education.
36(h) The commission, in awarding initial project grants, shall
37give priority to proposals developed by more than three eligible
38agencies. Projects shall be located throughout the state in order to
39provide access to program services in rural, urban, and suburban
P8 1(i) The governing board of each project, comprising at least one
2representative from each entity in the consortium, shall establish
3management policy, provide direction to the project director, set
4priorities for budgetary decisions that reflect the specific needs of
5the project, and assume responsibility for maintaining the required
6level of matching funds, including solicitations from the private
7sector and corporate sources.
8(j) Prior to receiving a project grant, each consortium shall
9conduct a planning process and submit a comprehensive project
10proposal to include, but not be limited to, the following
12(1) The agencies participating in the project.
13(2) The pupils to be served by the project.
14(3) The ways in which the project will reduce duplication and
16(4) The methods for assessing the project’s impact.
17(k) Each project shall include the direct involvement of
18secondary school staff in the daily operations of the project, with
19preference in funding to those projects that effectively integrate
20the objectives of the Student Opportunity and Access Program
21with those of the school district in providing services that are
22essential to preparing pupils for postsecondary education.
23(l) Each project shall maintain within the project headquarters
24a comprehensive pupil-specific information system on pupils
25receiving services through the program in grades 11 and 12 at
26secondary schools within the participating districts. This
27information shall be maintained in a manner consistent with the
28law relating to pupil records.
29(m) At least 30 percent or the equivalent of each project grant
30shall be allocated for stipends to peer advisers and tutors who meet
31all of the following criteria:
32(1) Work with secondary school pupils.
33(2) Are currently enrolled in a college or other postsecondary
34school as an undergraduate or graduate student.
35(3) Have demonstrated financial need for the stipend.
36(n) Each project should work cooperatively with other projects
37in the program and with the commission to establish viable student
38services and sound administrative procedures and to ensure
39coordination of the activities of the project with existing
40educational opportunity programs. The Student Aid Commission
P9 1may develop additional regulations regarding the awarding of
2project 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
8district shall charge each student a fee pursuant to this section.
9(b) (1) The fee prescribed by this section shall be forty-six
10dollars ($46) per unit per semester, effective with the summer term
11of the 2012 calendar year.
12(2) The board of governors shall proportionately adjust the
13amount of the fee for term lengths based upon a quarter system,
14and also shall proportionately adjust the amount of the fee for
15summer sessions, intersessions, and other short-term courses. In
16making these adjustments, the board of governors may round the
17per unit fee and the per term or per session fee to the nearest dollar.
18(c) For the purposes of computing apportionments to community
19college districts pursuant to Section 84750.5, the board of
20governors shall subtract, from the total revenue owed to each
21district, 98 percent of the revenues received by districts from
22charging a fee pursuant to this section.
23(d) The board of governors shall reduce apportionments by up
24to 10 percent to any district that does not collect the fees prescribed
25by this section.
26(e) The fee requirement does not apply to any of the following:
27(1) Students enrolled in the noncredit courses designated by
29(2) California State University or University of California
30students enrolled in remedial classes provided by a community
31 college district on a campus of the University of California or a
32campus of the California State University, for whom the district
33claims an attendance apportionment pursuant to an agreement
34between the district and the California State University or the
35University of California.
36(3) Students enrolled in credit contract education courses
37pursuant to Section 78021, if the entire cost of the course, including
38administrative costs, is paid by the public or private agency,
39corporation, or association with which the district is contracting
P10 1and if these students are not included in the calculation of the
2full-time equivalent students (FTES) of that district.
3(f) The governing board of a community college district may
4exempt special part-time students admitted pursuant to Section
576001 from the fee requirement.
6(g) (1) The fee requirements of this section shall be waived for
7any student who meets all of the following requirements:
8(A) Meets minimum academic and progress standards adopted
9by the board of governors, which fulfill the requirements outlined
10in this paragraph and paragraphs (2) to (5), inclusive. Any
11minimum academic and progress standards adopted pursuant to
12this section shall be uniform across all community college districts
13and campuses. These standards shall not include a maximum unit
14cap, and community college districts and colleges shall not impose
15requirements for fee waiver eligibility other than the minimum
16academic and progress standards adopted by the board of governors
17and the requirements of subparagraph (B).
18(B) Meets one of the following criteria:
19(i) At the time of enrollment, is a recipient of benefits under the
20Temporary Assistance for Needy Families program, the
21Supplemental Security Income/State Supplementary Payment
22Program, or a general assistance program.
23(ii) Demonstrates eligibility according to income standards
24established by regulations of the board of governors.
25(iii) Demonstrates financial need in accordance with the
26methodology set forth in federal law or regulation for determining
27the expected family contribution of students seeking financial aid.
28(iv) At the time of enrollment, is a
begin delete or former as defined in Section 66025.9.
29homeless youthend delete
30(2) (A) The board of governors, in consultation with students,
31faculty, and other key stakeholders, shall consider all of the
32following in the development and adoption of minimum academic
33and progress standards pursuant to subparagraph (A) of paragraph
35(i) Minimum uniform academic and progress standards that do
36not unfairly disadvantage financially needy students in pursuing
38(ii) Criteria for reviewing extenuating circumstances and
39granting appeals that, at a minimum, take into account and do not
40penalize a student for circumstances outside his or her control,
P11 1such as reductions in student support services or changes to the
2economic situation of the student.
3(iii) A process for reestablishing fee waiver eligibility that
4provides a student with a reasonable opportunity to continue or
5resume his or her enrollment at a community college.
6(B) To ensure that students are not unfairly impacted by the
7requirements of subparagraph (A) of paragraph (1), the board of
8governors shall establish a reasonable implementation period that
9commences no sooner than one year from adoption of the minimum
10academic and progress standards, or any subsequent changes to
11these standards, pursuant to subparagraph (A) of paragraph (1)
12and that is phased in to provide students adequate notification of
13this requirement and information about available support resources.
14(3) It is the intent of the Legislature that minimum academic
15and progress standards adopted pursuant to subparagraph (A) of
16paragraph (1) be implemented only as campuses develop and
17implement the student support services and interventions necessary
18to ensure no disproportionate impact to students based on ethnicity,
19gender, disability, or socioeconomic status. The board of governors
20shall consider the ability of community college districts to meet
21the requirements of this paragraph before adopting minimum
22academic and progress standards, or any subsequent changes to
23these standards, pursuant to subparagraph (A) of paragraph (1).
24(4) It is the intent of the Legislature to ensure that a student shall
25not lose fee waiver eligibility without a community college campus
26first demonstrating a reasonable effort to provide a student with
27adequate notification and assistance in maintaining his or her fee
28waiver eligibility. The board of governors shall adopt regulations
29to implement this paragraph that ensure all of the following:
30(A) Students are provided information about the available
31student support services to assist them in maintaining fee waiver
33(B) Community college district policies and course catalogs
34reflect the minimum academic and progress standards adopted
35pursuant to subparagraph (A) of paragraph (1) and that appropriate
36notice is provided to students before the policies are put into effect.
37(C) A student does not lose fee waiver
eligibility unless he or
38she has not met minimum academic and progress standards adopted
39pursuant to subparagraph (A) of paragraph (1) for a period of no
40less than two consecutive academic terms.
P12 1(5) The board of governors shall provide notification of a
2proposed action to adopt regulations pursuant to this subdivision
3to the appropriate policy and fiscal committees of the Legislature
4in accordance with the requirements of paragraph (1) of subdivision
5(a) of Section 70901.5. This notification shall include, but not be
6limited to, all of the following:
7(A) The proposed minimum academic and progress standards
8and information detailing how the requirements of paragraphs (1)
9to (4), inclusive, have been or will be satisfied.
10(B) How many students may lose fee waiver eligibility by
11ethnicity, gender, disability, and, to the extent relevant data is
12available, by socioeconomic status.
13(C) The criteria for reviewing extenuating circumstances,
14granting appeals, and reestablishing fee waiver eligibility pursuant
15to paragraph (2).
16(h) The fee requirements of this section shall be waived for any
17student who, at the time of enrollment, is a dependent or surviving
18spouse who has not remarried, of any member of the California
19National Guard who, in the line of duty and while in the active
20service of the state, was killed, died of a disability resulting from
21an event that occurred while in the active service of the state, or
22is permanently disabled as a result of an event that occurred while
23in the active service of the state. “Active service of the state,” for
24the purposes of this subdivision, refers to a member of the
25California National Guard activated pursuant to Section 146 of
26the Military and Veterans Code.
27(i) The fee requirements of this section shall be waived for any
28student who is the surviving spouse or the child, natural or adopted,
29of a deceased person who met all of the requirements of Section
31(j) The fee requirements of this section shall be waived for any
32student in an undergraduate program, including a student who has
33previously graduated from another undergraduate or graduate
34program, who is the dependent of any individual killed in the
35September 11, 2001, terrorist attacks on the World Trade Center
36and the Pentagon or the crash of United Airlines Flight 93 in
37southwestern Pennsylvania, if that dependent meets the financial
38need requirements set forth in Section 69432.7 for the Cal Grant
39A Program and either of the following applies:
P13 1(1) The dependent was a resident of California on September
3(2) The individual killed in the attacks was a resident of
4California on September 11, 2001.
5(k) A determination of whether a person is a resident of
6California on September 11, 2001, for purposes of subdivision (j)
7shall be based on the criteria set forth in Chapter 1 (commencing
8with Section 68000) of Part 41 of Division 5 for determining
9nonresident and resident tuition.
10(l) (1) “Dependent,” for purposes of subdivision (j), is a person
11who, because of his or her relationship to an individual killed as
12a result of injuries sustained during the terrorist attacks of
13September 11, 2001, qualifies for compensation under the federal
14September 11th Victim Compensation Fund of 2001 (Title IV
15(commencing with Section 401) of Public Law 107-42).
16(2) A dependent who is the surviving spouse of an individual
17killed in the terrorist attacks of September 11, 2001, is entitled to
18the waivers provided in this section until January 1, 2013.
19(3) A dependent who is the surviving child, natural or adopted,
20of an individual killed in the terrorist attacks of September 11,
212001, is entitled to the waivers under subdivision (j) until that
22person attains 30 years of age.
23(4) A dependent of an individual killed in the terrorist attacks
24of September 11, 2001, who is determined to be eligible by the
25California Victim Compensation and Government Claims Board,
26is also entitled to the waivers provided in this section until January
28(m) (1) It is the intent of the Legislature that sufficient funds
29be provided to support the provision of a fee waiver for every
30student who demonstrates eligibility pursuant to subdivisions (g)
31to (j), inclusive.
32(2) From funds provided in the annual Budget Act, the board
33of governors shall allocate to community college districts, pursuant
34to this subdivision, an amount equal to 2 percent of the fees waived
35pursuant to subdivisions (g) to (j), inclusive. From funds provided
36in the annual Budget Act, the board of governors shall allocate to
37community college districts, pursuant to this subdivision, an
38amount equal to ninety-one cents ($0.91) per credit unit waived
39pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
40Legislature that funds provided pursuant to this subdivision be
P14 1used to support the determination of financial need and delivery
2of student financial aid services, on the basis of the number of
3students for whom fees are waived. It also is the intent of the
4Legislature that the funds provided pursuant to this subdivision
5directly offset mandated costs claimed by community college
6districts pursuant to Commission on State Mandates consolidated
7Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
8(Enrollment Fee Waivers). Funds allocated to a community college
9district for determination of financial need and delivery of student
10financial aid services shall supplement, and shall not supplant, the
11level of funds allocated for the administration of student financial
12aid programs during the 1992-93 fiscal year.
13(n) The board of governors shall adopt regulations implementing
15(o) This section shall become operative on May 1, 2012, only
16if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.