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
begin delete would extendend delete the request for the granting of priority, with respect to the University of begin delete California, to include homeless youth, as defined, and extend the operation of this provisionend delete 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
begin delete institution,”end delete 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
begin delete Liaison,end delete and to inform current and prospective students of the institution about student financial aid and other assistance available to 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 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
begin delete households,end delete and specifically include low-income youth within the scope of the respective programs.
This bill would additionally place homeless youth, as defined, within the scope of these programs.
(4) 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 persons who are, at the time of enrollment, homeless youths, 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
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 youth
begin delete orend delete a
12(b) For purposes of this section:
P4 1(1) “Foster 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 is 24 years of age or younger.
4(2) “Homeless youth” means a student under 25 years of age,
5who has been verified at any time during the 24 months
6immediately preceding the receipt of his or her application for
7admission by a postsecondary educational institution that is a
8qualifying institution pursuant to Section 69432.7, as a homeless
9child or youth, as defined in subsection (2) of Section 725 of the
10federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
11Sec. 11434a(2)), by at least one of the following:
12(i) A homeless services provider, as that term is defined in
13paragraph (3) of subdivision (d) of Section 103577 of the Health
14and Safety Code.
15(ii) The director of a federal TRIO program or Gaining Early
16Awareness and Readiness for Undergraduate Programs program,
17or a designee of that director.
18(iii) A financial aid administrator for an institution of higher
20(c) For purposes of this section, a student who is verified as a
21homeless youth as defined in paragraph (2) of subdivision (b) shall
22retain that status for a period of six years from the date of
23admission to the postsecondary educational institution.
24(d) This section shall remain in effect only until January 1, 2020,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2020, deletes or extends that date.
(a) The California State University and each
30community college district shall, and the University of California
31is requested to, with respect to each campus in their respective
32jurisdictions that administers a priority enrollment system, grant
33priority in that system for registration for enrollment to a foster
34youth or former foster
begin delete youth.end delete
36(b) For purposes of this
begin delete section, “fosterend delete
37 youth” means a person
begin delete who is currently in foster care, and “former foster youth” means
39a person who is an emancipated foster youth and who is up to 24
40years of age.end delete
4(c) This section shall remain in effect only until January 1, 2017,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2017, deletes or extends that date.
Section 67003.5 is added to the Education Code, to
(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 staff member who is employed within the
33financial aid office, or another appropriate office or department,
34of the institution to serve as the Homeless and Foster Student
35Liaison. The Homeless and Foster Student Liaison shall be
36responsible for understanding the provisions of the federal Higher
37Education Act pertaining to financial aid eligibility of current and
38former foster youth and homeless youth, including unaccompanied
39homeless youth, and for identifying services available and
40appropriate for enrolled students who fall under one or more of
P6 1these categories. The liaison shall assist these students in applying
2for and receiving federal and state financial aid and available
4(2) Inform current and prospective students of the institution
5about student financial aid and other assistance available to
6homeless youth and current and former foster youth, including
7their eligibility as independent students under Section 1087vv of
8the federal Higher Education Act, as that section read on December
10(b) The Regents of the University of California are requested
11to adopt policies that are, to the extent that is feasible, equivalent
12to the provisions of subdivision (a).
13(c) The definitions of foster
youth, former foster youth, and
14homeless youth in subdivision (b) of Section 66025.9 shall apply
15to this section.
Section 69514.5 of the Education Code is amended to
(a) The Community College Student Financial Aid
19Outreach Program is hereby established. The commission shall,
20in consultation with the office of the Chancellor of the California
21Community Colleges, develop and administer this program for the
22purpose of providing financial aid training to high school and
23community college counselors and advisers who work with students
24planning to attend or attending a community college. This training
25shall also address the specific needs of all of the following:
26(1) Community college students intending to transfer to a
27four-year institution of higher education.
28(2) Foster youth and former foster youth, as defined in
29subdivision (b) of Section 66025.9.
30(3) Homeless youth, as defined in subdivision (b) of Section
32(4) Students with disabilities.
33(b) The program shall provide specialized information on
34financial aid opportunities available to community college students,
35with a particular focus on students who plan to transfer to a
36four-year college or university. The commission shall work in
37collaboration with the Chancellor of the California Community
38Colleges and other segments of higher education to develop and
39distribute this specialized information to assist community college
40students who are planning to transfer to a four-year college or
P7 1university. Each year, the program shall offer financial aid
2 workshops for high school and community college counselors,
3targeted for students planning to attend a community college or to
4transfer from a community college to a four-year institution of
5higher education. The program shall assist community college
6counselors in conducting student and family workshops that
7provide general information about financial aid and technical
8assistance in completing financial aid forms.
9(c) The program shall concentrate its efforts on high schools
10and community colleges that are located in geographic areas that
11have a high percentage of low-income families.
Section 69561 of the Education Code is amended to
(a) The Student Opportunity and Access Program is
15administered by the Student Aid Commission.
16(b) The Student Aid Commission may apportion funds on a
17progress payment schedule for the support of projects designed to
18increase the accessibility of postsecondary educational
19opportunities for any of the following elementary and secondary
21(1) Pupils who are from low-income families.
22(2) Pupils who would be the first in their families to attend
24(3) Pupils who are from schools or geographic regions with
25documented low-eligibility or college participation rates.
26(4) Pupils who are homeless youth, as defined in subdivision
27(b) of Section 66025.9.
28(c) These projects shall primarily do all of the following:
29(1) Increase the availability of information for these pupils on
30the existence of postsecondary schooling and work opportunities.
31(2) Raise the achievement levels of these pupils so as to increase
32the number of high school graduates eligible to pursue
33postsecondary learning opportunities.
34(d) Projects may assist community college
35transferring to four-year institutions, to the extent that project
36resources are available.
37(e) Projects may provide assistance to low-income fifth and
38sixth grade pupils and their parents in order to implement outreach
39efforts designed to use the future availability of financial assistance
P8 1as a means of motivating pupils to stay in school and complete
2college preparatory courses.
3(f) Projects may provide assistance to low-income middle and
4high school pupils and their parents in order to implement outreach
5efforts designed to use the future availability of financial assistance
6as a means of motivating pupils to stay in school by promoting
7career technical education public awareness. Projects shall promote
8the value of career technical education, available career programs
9 in public schools and postsecondary segments with sequenced
10courses beginning in high school and continuing into postsecondary
11education, and the resulting career opportunities.
12(g) Each project shall be proposed and operated through a
13consortium that involves at least one secondary school district
14office, at least one four-year college or university, at least one
15community college, and at least one of the following agencies:
16(1) A nonprofit educational, counseling, or community agency.
17(2) A private vocational or technical school accredited by a
18national, state, or regional accrediting association recognized by
19the United States Department of Education.
20(h) The commission, in awarding initial project grants, shall
21give priority to proposals developed by more than three eligible
22agencies. Projects shall be located throughout the state in order to
23provide access to program services in rural, urban, and suburban
25(i) The governing board of each project, comprising at least one
26representative from each entity in the consortium, shall establish
27management policy, provide direction to the project director, set
28priorities for budgetary decisions that reflect the specific needs of
29the project, and assume responsibility for maintaining the required
30level of matching funds, including solicitations from the private
31sector and corporate sources.
32(j) Prior to receiving a project grant, each consortium shall
33conduct a planning process and submit a comprehensive project
34proposal to include, but not be limited to, the following
36(1) The agencies participating in the project.
37(2) The pupils to be served by the project.
38(3) The ways in which the project will reduce duplication and
40(4) The methods for assessing the project’s impact.
P9 1(k) Each project shall include the direct involvement of
2secondary school staff in the daily operations of the project, with
3preference in funding to those projects that effectively integrate
4the objectives of the Student Opportunity and Access Program
5with those of the school district in providing services that are
6essential to preparing pupils for postsecondary education.
7(l) Each project shall maintain within the project headquarters
8a comprehensive pupil-specific information system on pupils
9receiving services through the program in grades 11 and 12 at
10secondary schools within the participating districts. This
11information shall be maintained in a manner consistent with the
12law relating to pupil records.
13(m) At least 30 percent or the equivalent of each project grant
14shall be allocated for stipends to peer advisers and tutors who meet
15all of the following criteria:
16(1) Work with secondary school pupils.
17(2) Are currently enrolled in a college or other postsecondary
18school as an undergraduate or graduate student.
19(3) Have demonstrated financial need for the stipend.
20(n) Each project should work cooperatively with other projects
21in the program and with the commission to establish viable student
22services and sound administrative procedures and to ensure
23coordination of the activities of the project with existing
24educational opportunity programs. The Student Aid Commission
25may develop additional regulations regarding the awarding of
26project 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
31district shall charge each student a fee pursuant to this section.
32(b) (1) The fee prescribed by this section shall be forty-six
33dollars ($46) per unit per semester, effective with the summer term
34of the 2012 calendar year.
35(2) The board of governors shall proportionately adjust the
36amount of the fee for term lengths based upon a quarter system,
37and also shall proportionately adjust the amount of the fee for
38summer sessions, intersessions, and other short-term courses. In
39making these adjustments, the board of governors may round the
40per unit fee and the per term or per session fee to the nearest dollar.
P10 1(c) For the purposes of computing apportionments to community
2college districts pursuant to Section 84750.5, the board of
3governors shall subtract, from the total revenue owed to each
4district, 98 percent of the revenues received by districts from
5charging a fee pursuant to this section.
6(d) The board of governors shall reduce apportionments by up
7to 10 percent to any district that does not collect the fees prescribed
8by this section.
9(e) The fee requirement does not apply to any of the following:
10(1) Students enrolled in the noncredit courses designated by
12(2) California State University or University of California
13students enrolled in remedial classes provided by a community
14 college district on a campus of the University of California or a
15campus of the California State University, for whom the district
16claims an attendance apportionment pursuant to an agreement
17between the district and the California State University or the
18University of California.
19(3) Students enrolled in credit contract education courses
20pursuant to Section 78021, if the entire cost of the course, including
21administrative costs, is paid by the public or private agency,
22corporation, or association with which the district is contracting
23and if these students are not included in the calculation of the
24full-time equivalent students (FTES) of that district.
25(f) The governing board of a community college district may
26exempt special part-time students admitted pursuant to Section
2776001 from the fee requirement.
28(g) (1) The fee requirements of this section shall be waived for
29any student who meets all of the following requirements:
30(A) Meets minimum academic and progress standards adopted
31by the board of governors, which fulfill the requirements outlined
32in this paragraph and paragraphs (2) to (5), inclusive. Any
33minimum academic and progress standards adopted pursuant to
34this section shall be uniform across all community college districts
35and campuses. These standards shall not include a maximum unit
36cap, and community college districts and colleges shall not impose
37requirements for fee waiver eligibility other than the minimum
38academic and progress standards adopted by the board of governors
39and the requirements of subparagraph (B).
40(B) Meets one of the following criteria:
P11 1(i) At the time of enrollment, is a recipient of benefits under the
2Temporary Assistance for Needy Families program, the
3Supplemental Security Income/State Supplementary Payment
4Program, or a general assistance program.
5(ii) Demonstrates eligibility according to income standards
6established by regulations of the board of governors.
7(iii) Demonstrates financial need in accordance with the
8methodology set forth in federal law or regulation for determining
9the expected family contribution of students seeking financial aid.
10(iv) At the time of
enrollment, is a homeless youth as defined
11in subdivision (b) of Section 66025.9.
12(2) (A) The board of governors, in consultation with students,
13faculty, and other key stakeholders, shall consider all of the
14following in the development and adoption of minimum academic
15and progress standards pursuant to subparagraph (A) of paragraph
17(i) Minimum uniform academic and progress standards that do
18not unfairly disadvantage financially needy students in pursuing
20(ii) Criteria for reviewing extenuating circumstances and
21granting appeals that, at a minimum, take into account and do not
22penalize a student for circumstances outside his or her control,
23such as reductions in student support services or changes to the
24economic situation of the student.
25(iii) A process for reestablishing fee waiver eligibility that
26provides a student with a reasonable opportunity to continue or
27resume his or her enrollment at a community college.
28(B) To ensure that students are not unfairly impacted by the
29requirements of subparagraph (A) of paragraph (1), the board of
30governors shall establish a reasonable implementation period that
31commences no sooner than one year from adoption of the minimum
32academic and progress standards, or any subsequent changes to
33these standards, pursuant to subparagraph (A) of paragraph (1)
34and that is phased in to provide students adequate notification of
35this requirement and information about available support resources.
36(3) It is the intent of the Legislature that minimum academic
37and progress standards adopted pursuant to subparagraph (A) of
38paragraph (1) be implemented only as campuses develop and
39implement the student support services and interventions necessary
40to ensure no disproportionate impact to students based on ethnicity,
P12 1gender, disability, or socioeconomic status. The board of governors
2shall consider the ability of community college districts to meet
3the requirements of this paragraph before adopting minimum
4academic and progress standards, or any subsequent changes to
5these standards, pursuant to subparagraph (A) of paragraph (1).
6(4) It is the intent of the Legislature to ensure that a student shall
7not lose fee waiver eligibility without a community college campus
8first demonstrating a reasonable effort to provide a student with
9adequate notification and assistance in maintaining his or her fee
10waiver eligibility. The board of governors shall adopt regulations
11to implement this paragraph that ensure all of the following:
12(A) Students are provided information about the available
13student support services to assist them in maintaining fee waiver
15(B) Community college district policies and course catalogs
16reflect the minimum academic and progress standards adopted
17pursuant to subparagraph (A) of paragraph (1) and that appropriate
18notice is provided to students before the policies are put into effect.
19(C) A student does not lose fee waiver eligibility unless he or
20she has not met minimum academic and progress standards adopted
21pursuant to subparagraph (A) of paragraph (1) for a period of no
22less than two consecutive academic terms.
23(5) The board of governors shall provide notification of a
24proposed action to adopt regulations pursuant to this subdivision
25to the appropriate policy and fiscal committees of the Legislature
26in accordance with the requirements of paragraph (1) of subdivision
27(a) of Section 70901.5. This notification shall include, but not be
28limited to, all of the following:
29(A) The proposed minimum academic and progress standards
30and information detailing how the requirements of paragraphs (1)
31to (4), inclusive, have been or will be satisfied.
32(B) How many students may lose fee waiver
33ethnicity, gender, disability, and, to the extent relevant data is
34available, by socioeconomic status.
35(C) The criteria for reviewing extenuating circumstances,
36granting appeals, and reestablishing fee waiver eligibility pursuant
37to paragraph (2).
38(h) The fee requirements of this section shall be waived for any
39student who, at the time of enrollment, is a dependent or surviving
40spouse who has not remarried, of any member of the California
P13 1National Guard who, in the line of duty and while in the active
2service of the state, was killed, died of a disability resulting from
3an event that occurred while in the active service of the state, or
4is permanently disabled as a result of an event that occurred while
5in the active service of the state. “Active service of the state,” for
6the purposes of this subdivision, refers to a member of the
7California National Guard activated pursuant to Section 146 of
8the Military and Veterans Code.
9(i) The fee requirements of this section shall be waived for any
10student who is the surviving spouse or the child, natural or adopted,
11of a deceased person who met all of the requirements of Section
13(j) The fee requirements of this section shall be waived for any
14student in an undergraduate program, including a student who has
15previously graduated from another undergraduate or graduate
16program, who is the dependent of any individual killed in the
17September 11, 2001, terrorist attacks on the World Trade Center
18and the Pentagon or the crash of United Airlines Flight 93 in
19southwestern Pennsylvania, if that dependent meets the financial
20need requirements set forth in Section 69432.7 for the Cal Grant
21A Program and either of the following applies:
22(1) The dependent was a resident of California on September
24(2) The individual killed in the attacks was a resident of
25California on September 11, 2001.
26(k) A determination of whether a person is a resident of
27California on September 11, 2001, for purposes of subdivision (j)
28shall be based on the criteria set forth in Chapter 1 (commencing
29with Section 68000) of Part 41 of Division 5 for determining
30nonresident and resident tuition.
31(l) (1) “Dependent,” for purposes of subdivision
(j), is a person
32who, because of his or her relationship to an individual killed as
33a result of injuries sustained during the terrorist attacks of
34September 11, 2001, qualifies for compensation under the federal
35September 11th Victim Compensation Fund of 2001 (Title IV
36(commencing with Section 401) of Public Law 107-42).
37(2) A dependent who is the surviving spouse of an individual
38killed in the terrorist attacks of September 11, 2001, is entitled to
39the waivers provided in this section until January 1, 2013.
P14 1(3) A dependent who is the surviving child, natural or adopted,
2of an individual killed in the terrorist attacks of September 11,
32001, is entitled to the waivers under subdivision (j) until that
4person attains 30 years of age.
5(4) A dependent of an individual killed in the terrorist attacks
6of September 11, 2001, who is determined to be eligible by the
7California Victim Compensation and Government Claims Board,
8is also entitled to the waivers provided in this section until January
10(m) (1) It is the intent of the Legislature that sufficient funds
11be provided to support the provision of a fee waiver for every
12student who demonstrates eligibility pursuant to subdivisions (g)
13to (j), inclusive.
14(2) From funds provided in the annual Budget Act, the board
15of governors shall allocate to community college districts, pursuant
16to this subdivision, an amount equal to 2 percent of the fees waived
17pursuant to subdivisions (g) to (j), inclusive. From funds provided
18in the annual Budget Act, the board of governors shall allocate to
19 community college districts, pursuant to this subdivision, an
20amount equal to ninety-one cents ($0.91) per credit unit waived
21pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
22Legislature that funds provided pursuant to this subdivision be
23used to support the determination of financial need and delivery
24of student financial aid services, on the basis of the number of
25students for whom fees are waived. It also is the intent of the
26Legislature that the funds provided pursuant to this subdivision
27directly offset mandated costs claimed by community college
28districts pursuant to Commission on State Mandates consolidated
29Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
30(Enrollment Fee Waivers). Funds allocated to a community college
31district for determination of financial need and delivery of student
32financial aid services shall supplement, and shall not supplant, the
33level of funds allocated for the administration of student financial
34aid programs during the 1992-93 fiscal year.
35(n) The board of governors shall adopt regulations implementing
37(o) This section shall become operative on May 1, 2012, only
38if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
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.