BILL NUMBER: AB 2489 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Leno
FEBRUARY 23, 2006
An act to amend Section 42921 of, to add Sections 66025.1,
69433.2, and 90001.5 to, and to add Article 6.5 (commencing with
Section 92660) to Chapter 6 of Part 57 of Division 9 of, the
Education Code, relating to foster youth.
LEGISLATIVE COUNSEL'S DIGEST
AB 2489, as introduced, Leno Foster youth: educational services.
(1) Under existing law, 6 unified school districts and consortia
operating children services program sites that provide instruction,
counseling, tutoring, and related services for foster children
receive an allowance from the State School Fund. Existing law also
authorizes other school districts to provide educational services for
foster children who reside in a regularly established licensed or
approved foster home, located within the boundaries of a program
site, pursuant to a commitment by a juvenile court. Existing law
provides for funding for those other school districts for the
provision of those services in any fiscal year, upon appropriation
from the General Fund, or, if sufficient funds are available, from
the Foster Children and Parent Training Fund.
This bill would, instead, provide that in addition to the 6
specified program sites, any other county office of education,
consortium of school districts in cooperation with the county office
of education, or consortium of county offices of education, may elect
to apply to the Superintendent of Public Instruction for grant
funding, to the extent funds are available, to operate an
education-based foster youth services program to provide educational
services for foster children.
The bill would require, if sufficient funds are available, these
programs to have at least one educational services advocate, and
would specify the duties to be performed by these advocates. It would
set priorities for the services to be delivered by these programs.
(2) Existing law establishes categories of students for whom
mandatory systemwide fees or tuition at the University of California,
the California State University, and the California Community
Colleges are waived. These provisions apply to the University of
California only to the extent that the Regents of the University of
California act, by resolution, to make them applicable.
The bill would establish a waiver from mandatory systemwide fees
or tuition at the University of California, the California State
University, and the California Community Colleges, for resident
foster youth who resided in foster care at age 14 or older. That
provision would apply to the University of California only to the
extent that the Regents of the University of California acts, by
resolution, to make it applicable. To the extent that this bill would
require community colleges to adjust their procedures for
calculating enrollment fees, it would impose a state-mandated local
program
(3) The Ortiz-Pacheco-Poochigian-Vasconcello Cal Grant Act
establishes the Cal Grant A and B entitlement awards and the
California Community College Transfer Entitlement awards, under the
administration of the Student Aid Commission, and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions. The act
requires an applicant to complete a financial aid application to
determine eligibility, including grade point average and certain
financial information.
This bill would exempt a person who resided in a regularly
established licensed or approved foster home at 14 years of age or
older, and who is accepted to a public postsecondary education
institution in this state, from the requirements to submit a grade
point average and information to determine financial need on an
official financial aid application for the purposes of the program.
(4) Existing law imposes certain requirements on the California
State University with respect to student housing.
This bill would require a state university that maintains student
housing facilities open for occupation on a year-round basis to give
priority to emancipated foster youth, as defined. The bill would
apply a similar provision to the University of California only to the
extent that the Regents of the University of California act, by
resolution, to make it applicable.
(5) The bill would make statements of legislative intent relating
to the establishment and provision of funding for a matching program
for federal Chaffee Higher Education Grants for foster youth. The
provisions of the bill would be known as the Foster Youth Higher
Education Preparation and Support Act of 2006.
(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:
SECTION 1. This act shall be known and may be cited as the "Foster
Youth Higher Education Preparation and Support Act of 2006."
SEC. 2. (a) It is the intent of the Legislature to establish and
provide funding through the state budget process for a matching
program for federal Chaffee Higher Education Grants for foster youth
to fulfill the commitment of support to foster youth that continue on
to higher education.
(b) It is the further intent of the Legislature to make federal
Chaffee Higher Education Grants available to foster youth recipients
in advance of the adoption of the federal budget in October.
SEC. 3. Section 42921 of the Education Code is amended to read:
42921. (a) In addition to the six program
sites specified in Section 42920, any other school district
may provide educational services for children who reside in a
regularly established licensed or approved foster home, located
within the boundaries of the program site, pursuant to a commitment
for placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 1 of the Welfare and Institutions Code
other county office of education, consortium of school districts in
cooperation with the county office of education, or
consortium of county offices of education may elect to apply to the
Superintendent of Public Instruction for grant funding, to the extent
funds are available, to operate an education-based foster youth
services program to provide educational services for children who
reside in a regularly established licensed or approved foster home
located within the boundaries of the program site.
(b) Each foster youth services program operated pursuant to this
chapter shall, if sufficient funds are available, have at least one
person identified as the foster youth educational services advocate,
who shall facilitate the provision of educational services pursuant
to subdivision (d) to any foster child in the county who is either
under the jurisdiction of the juvenile court pursuant to Section 300
of the Welfare and Institutions Code or under the jurisdiction of the
juvenile court pursuant to Section 601 or 602 of the Welfare and
Institutions Code who is placed in a group home, to the extent that
funding is made available for the provision of these services. A
program operated pursuant to this chapter may prescribe the
methodology for determining which children may be served. Applicable
methodologies may include, but are not limited to, serving specific
age groups, serving children in specific geographic areas of the
county or counties in which the program operates, or serving the
children with the greatest need.
(c) The responsibilities of the foster youth educational services
advocate shall include, but shall not be limited to:
(1) Working with the child welfare agency to minimize changes in
school placement.
(2) Facilitating the prompt transfer of educational records,
including the health and education passport, between educational
institutions when placement changes are necessary.
(3) Providing information to the child welfare agency to assist
the child welfare agency to deliver services to foster children,
including, but not limited to, information required for inclusion in
court reports by Section 16010 of the Welfare and Institutions Code.
(4) Responding to requests from the juvenile court for information
and working with the court to ensure the delivery or coordination of
necessary educational services.
(5) Working to obtain and identify, and link children to,
mentoring, tutoring, transitional services, vocational training,
emancipation services, and other services designed to enhance the
educational prospects of foster children.
(6) Facilitating communication between the foster care provider,
the teacher, and any other school staff or education service
providers for the child.
(7) Sharing information with the foster care provider regarding
available training programs that address education issues for
children in foster care.
(8) Referring caregivers of foster youth who have special
education needs to the Community Alliance or other special education
advocates and others who have helpful information on special
education.
(d) Each foster youth services program operated pursuant to this
chapter shall include guiding principles that establish a hierarchy
of services, in accordance with the following order:
(1) Provide, or arrange for the referral to, tutoring services for
foster youth.
(2) Provide, or arrange for the referral to, services that meet
local needs identified through collaborative relationships and local
advisory groups, which may include, but shall not be limited to, all
of the following:
(A) Mentoring.
(B) Counseling.
(C) Transitioning services.
(D) Emancipation services.
(3) Facilitation of timely individualized education programs and
all special education services.
(4) Establishing collaborative relationships and local advisory
groups.
(5) Establishing a mechanism for the
efficient and expeditious transfer of health and education records
and the health and education passport .
SEC. 4. Section 66025.1 is added to the Education Code, to read:
66025.1. (a) No campus of the University of California, the
California State University, or the California Community Colleges
shall charge any mandatory systemwide tuition or fees, including
enrollment fees, registration fees, differential fees, or incidental
fees, to a foster youth who resided in foster care at age 14 or
older.
(b) The waiver of tuition or fees under this section shall apply
only to a person who is determined to be a resident of California
pursuant to Chapter 1 (commencing with Section 68000) of Part 41.
(c) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.
SEC. 5. Section 69433.2 is added to the Education Code, to read:
69433.2. Notwithstanding Section 69432.9 or 69433, or any other
provision of this chapter, a person who resided in a regularly
established licensed or approved foster home at 14 years of age or
older, and who is accepted to a public postsecondary education
institution in this state, shall not be required to submit any of the
following information on an official financial aid application for
the purposes of this chapter:
(a) Grade point average.
(b) Information to determine financial need.
SEC. 6. Section 90001.5 is added to the Education Code, to read:
90001.5. A state university that maintains student housing
facilities open for occupation on a year-round basis shall give
priority to emancipated foster youth, as defined in Section 11403.1
of the Welfare and Institutions Code.
SEC. 7. Article 6.5 (commencing with Section 92660) is added to
Chapter 6 of Part 57 of Division 9 of the Education Code, to read:
Article 6.5. Housing
92660. (a) A university that maintains student housing facilities
open for occupation on a year-round basis shall give priority to
emancipated foster youth, as defined in Section 11403.1 of the
Welfare and Institutions Code.
(b) Subdivision (a) shall not apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.
SEC. 8. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.