BILL NUMBER: AB 2489 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
INTRODUCED BY Assembly Member Leno
( Principal coauthor: Assembly Member
Cohn )
FEBRUARY 23, 2006
An act to amend Sections 42921 and 69435 of, to add Section
90001.5 to, and to add Chapter 3.5 (commencing with Section 89348) to
Part 55 of, 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 amended, Leno Foster youth: educational and support
services: Foster Youth Higher Education Preparation and Support Act
of 2006: California Guardian Scholars Program.
(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, which would be known as the Foster Youth Higher
Education Preparation and Support Act of 2006, would make statements
of legislative intent relating to the establishment and provision of
funding for a matching program for federal Chafee Higher Education
Grants for foster youth.
With respect to educational and support services for foster youth,
this bill would 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 and support 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 authorize foster youth services programs that have a foster
youth services coordinator to designate that individual as the
educational services advocate. The bill would specify the duties to
be performed by these advocates. It would set priorities for the
services to be delivered by these programs.
(2) The Ortiz-Pacheco-Poochigian-Vasconcellos 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. An existing
provision of the act prohibits more than 2% of new Cal Grant B award
recipients enrolling for the first time in an institution of
postsecondary education from being eligible for payments for tuition
or fees, or both, in their first academic year of attendance.
This bill would, notwithstanding this 2% limitation, authorize new
Cal Grant B award recipients who are current or former foster youth
enrolling for the first time in an institution of postsecondary
education to be eligible for payments of tuition and fees, or both,
in their first academic year of attendance.
(3) Existing law establishes the California State University,
under the administration of the Trustees of the California State
University; the University of California, under the administration of
the Regents of the University of California; and the California
Community Colleges under the administration of the Board of Governors
of the California Community Colleges, as the 3 segments of public
postsecondary education in this state. Existing provisions of the
California Constitution establish the office of Superintendent of
Public Instruction, and existing statutes provide that the
superintendent is the ex officio Director of the State Department of
Education.
This bill would establish the California Guardian Scholars Program
for the purpose of providing comprehensive support on college and
university campuses to students who are former foster youth. The bill
would provide that the program would be jointly administered by the
trustees, regents, board of governors, and superintendent. The bill
would authorize public postsecondary institutions to submit
applications to the administrator of the program for competitive
grants to fund projects intended to improve foster youth performance
and graduation rates in postsecondary education. The bill would set
forth criteria to be considered in recommending projects for funding
under the program. The bill would require the trustees, regents,
board of governors, and superintendent to adopt rules and regulations
necessary for the effective implementation 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 current and former foster youth, as specified. 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) Existing law establishes the State Department of
Social Services in the Health and Human Services Agency.
This bill would require the department to annually notify in
writing all foster youth aged 13 and older of the educational support
available to them pursuant to this bill.
The bill would express legislative intent that new and renewal
payments be made to eligible foster youth in the California Higher
Education Chafee Grants program on or before October 15, 2006. The
bill would require that, if payments are not made by that date, the
Student Aid Commission and the department shall report to the
Legislature and the Governor by March 1, 2007, on the reasons for the
failure to make timely payments. The bill would require the
commission and the department to include in that report a description
of the corrective actions being undertaken to prevent further delays
in future years.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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) The Legislature finds and declares all of the
following:
(1) California's foster youth face enormous and unique challenges
in their transition to adulthood and self-sufficiency.
(2) In many cases, foster youth do not have the support and
assistance enjoyed by other students as they make decisions related
to postsecondary education and undertake the many processes
associated with admission and attendance.
(3) The state provides a guarantee of student financial assistance
to meritorious, needy students through its Cal Grant entitlement
awards, including the Cal Grant A Entitlement Awards, the Cal Grant B
Entitlement Awards, and the California Community College Transfer
Entitlement Awards. These programs are limited by strict deadlines,
and provide a limited window of opportunity for application. Foster
youth are fully eligible for these programs and are encouraged to
apply.
(4) Foster youth may be less aware of deadlines and face other
barriers or circumstances that may limit or otherwise affect their
ability to apply for assistance or enter postsecondary education in
the manner required by these programs.
(5) It is the intent of the Legislature to remove these barriers
so that current and former meritorious foster youth may participate
more fully in the Cal Grant entitlement programs.
(6) It is in the best interests of the state and its foster youth
to provide the service and financial support necessary to help these
youth achieve their goals.
(7) Although California provides public postsecondary education at
a lower price than is charged for comparable education in other
states, foster youth still face barriers in accessing higher
education, including insufficient support in preparing for college,
gaps in the student financial aid funds targeted to pay tuition and
fees, lack of financial support for other costs of attendance in
college, and problems with residential stability during college
enrollment.
(8) The federal Chafee Higher Education Grant Program is a welcome
addition to the partnership of student aid funding targeted to
assist foster youth with vocational and academic college and
university costs, but funding in this program is insufficient to meet
calculated need, and there were unacceptable and damaging delays in
making payments to eligible foster youth in the 2005-06 fiscal year.
(b) Thus, it is the intent of the Legislature to accomplish all of
the following:
(1) To create additional opportunities for local education-based
foster youth services programs.
(2) To close gaps in the mixture of California student aid
programs to ensure that foster youth receive sufficient financial aid
to pay their systemwide and campus fees at California public
colleges and universities.
(3) To provide additional matching funds for the federal Chafee
Higher Education Grant Program through the State Budget process to
fulfill the commitment to support the cost of attendance for foster
youth.
(4) To ensure timely payments of Chafee higher education grants to
foster youths and to thus increase foster youths' chances at success
in higher education by accomplishing both of the following:
(A) Providing funding for the Chafee Higher Education Grant
Program in anticipation of federal funding to be received after
adoption of the federal budget in October 2006.
(B) Encouraging the Department of Social Services and the
California Student Aid Commission to review their joint and separate
responsibilities regarding this program, and to make all necessary
improvements to ensure that the unacceptable delays in the 2005-06
fiscal year are not repeated.
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 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 and support services
for children who reside in a regularly established licensed or
approved foster home located within the boundaries of the program
site. The provision of educational and support services to foster
youth in licensed or approved foster homes shall also apply to foster
youth services programs in operation as of January 1, 2007, and
receiving grant funding.
(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.
Foster youth services programs that have a foster youth services
coordinator may designate that individual as the educational services
advocate. The foster youth educational services advocate 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 academic need. It is the intent of the
Legislature that children with the greatest need for services be
identified as the first priority for foster youth services.
(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 special education advocates who are knowledgeable
about special education procedural safeguards, regulations, and legal
mandates.
(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.(e) For purposes of this section, "licensed or approved
foster home" means a licensed or approved relative (kin) foster home,
licensed foster family home, certified foster family agency home,
court-specified home, or licensed care institution (group home).
SEC. 4. Section 69435 of the Education Code is amended to read:
69435. (a) (1) Commencing with the 2001-02 academic year, and
each academic year thereafter, a Cal Grant B award shall be used only
for tuition, student fees, and access costs in a for-credit
instructional program that is not less than one academic year in
length.
(2) The commission shall award access grants in a student's first
academic year. In subsequent years, the award shall include an
additional amount to pay tuition or fees, or both, to attend college
at a public or private four-year college or university or other
qualifying institution for all Cal Grant B awards pursuant to
paragraph (2) of subdivision (b) of Section 66021.2. In no event
shall the total award in any year exceed the applicant's calculated
financial need.
(3) Two percent of new Cal Grant B recipients enrolling for the
first time in an institution of postsecondary education shall be
eligible for payments for tuition or fees, or both, in their first
academic year of attendance. The commission shall adopt regulations
specifying the criteria used to determine which applicants, if any,
receive both tuition and fees plus the access grant in the first year
of enrollment. Priority shall be given to students with the lowest
expected family contribution pursuant to Section 69432.7 and the
highest level of academic merit.
(4) Notwithstanding paragraph (3), new Cal Grant B recipients who
are current or former foster youth enrolling for the first time in an
institution of postsecondary education shall be eligible for
payments of tuition and fees, or both, in their first academic year
of attendance.
(b) An award for access costs under this article shall be in an
annual amount not to exceed one thousand five hundred fifty-one
dollars ($1,551). This amount may be adjusted in the annual Budget
Act.
SEC. 5. Chapter 3.5 (commencing with Section 89348) is added to
Part 55 of the Education Code, to read:
CHAPTER 3.5. California Guardian Scholars Program
89348. The California Guardian Scholars Program is hereby
established. The program shall be jointly administered by the
Trustees of the California State University, the Regents of the
University of California, the Board of Governors of the California
Community Colleges, and the Superintendent of Public Instruction. The
purpose of the program shall be to provide comprehensive support on
college and university campuses to students who are former foster
youth with the objective of meeting the unique needs of former foster
youth and supporting their rates of matriculation, graduation,
academic success, and transfer to four-year higher education
institutions. Campus projects funded under this chapter shall contain
core support elements, as specified. Campuses receiving grants under
this chapter shall receive a grant annually for five years, to be
utilized for the costs of years 1 to 3, inclusive, and $40,000 in
years 4 and 5. The State Department of Education shall also receive
grant funding for the purpose of contracting with community-based
organizations to provide technical assistance to campus programs
receiving grants under this section.
89348.1. The administrator of the California Guardian Scholars
Program shall establish an advisory committee to assist in selecting
proposals to be funded and developing criteria for project
evaluation. The committee shall include, but shall not necessarily be
limited to, all of the following members:
(a) Two representatives of the California Community Colleges,
appointed by the Board of Governors of the California Community
Colleges.
(b) Two representatives of the California State University,
appointed by the Chancellor of the California State University.
(c) Two representatives of the University of California, appointed
by the President of the University of California.
(d) One representative appointed by the Director of the California
Postsecondary Education Commission.
(e) One representative of the Foster Youth Services Program of the
State Department of Education.
(f) Three representatives that are current or former foster youth.
(g) Two representatives of the State Department of
Social Services, appointed by the Director of Social Services.
89348.2. The advisory committee established under Section 89348.1
shall make recommendations regarding all of the following:
(a) Development of criteria for awarding grants pursuant to
Section 89348.3.
(b) Development of criteria for determining the priority ranking
of schools selected to receive assistance under the California
Guardian Scholars Program.
(c) Development of criteria for identifying effective projects.
(d) Development of criteria for awarding grants to community-based
programs to provide technical assistance to campus projects.
(e) Development of options identifying additional resources and
programs that promote the program.
89348.3. A public postsecondary educational institution may
submit an application to the administrator of the California Guardian
Scholars Program for a competitive grant to fund a project intended
to improve former foster youth performance and graduation rates in
postsecondary education. In addition to its own criteria for the
recommendation of programs for funding, the advisory committee
established under Section 89348.1 shall give consideration to the
following elements in a campus plan:
(a) Dedicated campus support staff, including a caring staff
person whose primary responsibility is the Guardian Scholars Program
and affiliated students.
(b) One-stop shopping: A program structure offering Guardian
Scholars students access to all campus supports through one person at
one site.
(c) Housing: Priority for campus housing, and availability of
year-round housing and board. Partnerships with off-campus resources.
(d) Full financial aid package: A grant and scholarship package
covering tuition and living expenses.
(e) Academic guidance counseling: Regular contact with a
consistent counselor to develop and monitor an education plan and
provide access to needed academic support. Ability to identify
students at risk of failing or dropping out through attendance
records and progress reports.
(f) Planned transition to college: Ability to bring students on
campus immediately after emancipation and to assist with the
transition to college from foster care.
(g) Personal guidance and counseling: On-campus mental health
services or off-campus partnerships, including crisis response.
(h) Career counseling and services: Job placement, job-shadowing,
and advising.
(i) Supplemental supports: Provision of support services such as
child care, transportation assistance and book and school supply
vouchers.
(j) Social activities: Regular opportunities for Guardian Scholar
students to develop, advise, give feedback on and support the
program.
(k) Student leadership: Opportunities for Guardian Scholar
students to develop, advise, give feedback on and support the
program.
(l) Partnerships: Plans for partnership with community-based
organizations and feeder schools, connections with social services
agencies, independent living programs, and foster youth services
programs.
(m) Data collection on former foster youth student persistence,
retention, and graduation rates.
(n) Internal and external campus support: Commitment of campus
leadership, donors, and alumni to support, invest in, and create
sustainability for the program.
89348.4. Upon receipt of an application submitted pursuant to
Section 89348.3, the administrator of the California Guardian
Scholars Program may award a 50 percent matching grant to the
applicant for purposes of funding the proposed project. Each project
that receives a grant pursuant to this section shall provide matching
funds from existing funds received from a federal, state, local, or
private source or a budget increase in those funds, with preference
given to projects that have the strongest demonstrated institutional
commitment.
89348.5. The Trustees of the California State University, the
Regents of the University of California, the Board of Governors of
the California Community Colleges, and the Superintendent of Public
Instruction shall adopt rules and regulations necessary for the
effective implementation of this chapter.
89348.6. It is the intent of the Legislature that all current and
former foster youth who are current residents of California shall
have their systemwide and campus fees covered by grant funds in their
packages of student financial aid. To the extent that a student does
not receive a Cal Grant award sufficient to cover those fees, the
California State University shall provide California State University
grant funds to cover all of those fees.
89348.7. The California State University shall annually provide
appropriate information to the Department of Finance and the
Legislative Analyst's Office to ensure that its budget is augmented
to provide necessary funding for the State University Grant Program.
SEC. 6. Section 90001.5 is added to the Education Code, to read:
90001.5. In order to ensure that current and former foster youth
who are students at campuses of the California State University have
stable housing, a campus of the California State University that
maintains student housing facilities shall give priority to current
and former foster youth. In addition, a campus of the California
State University that maintains student housing facilities open for
occupation during school breaks, or on a year-round basis, shall
first give priority to current or former foster youth for residence
in the housing facilities that are open for uninterrupted year-round
occupation, and next give priority to current or former foster youth
for housing that is open for occupation during the most days in the
calendar year.
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) In order to ensure that current and former foster
youth who are students at campuses of the University of California
have stable housing, a campus of the University of California that
maintains student housing facilities shall give priority to current
and former foster youth. In addition, a campus of the University of
California that maintains student housing facilities open for
occupation during school breaks, or on a year-round basis, shall
first give priority to current or former foster youth for residence
in the housing facilities that are open for uninterrupted year-round
occupation, and next give priority to current or former foster youth
for housing that is open for occupation during the most days in the
calendar year.
(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.
92660.1. It is the intent of the Legislature that all current and
former foster youth who are current residents of California shall
have their systemwide and campus fees covered by grant funds in their
packages of student financial aid. To the extent that a student does
not receive a Cal Grant award sufficient to cover those fees, the
University of California is requested to provide University of
California grant funds to cover all of those fees.
92660.2. The University of California is requested annually to
provide appropriate information to the Department of Finance and the
Legislative Analyst's Office to ensure that its budget is augmented
to provide necessary funding in the University Grant Program to serve
foster youth in this manner.
SEC. 8. The Department of Social Services shall annually notify in
writing all foster youth aged 13 and older of the educational
support available to them pursuant to this act.
SEC. 9. It is the intent of the Legislature that
new and renewal payments shall be made to eligible foster youth in
the California Higher Education Chafee Grants program on or before
October 15, 2006. If payments are not made by that date, the Student
Aid Commission and the State Department of Social Services shall
report to the Legislature and the Governor by March 1, 2007, on the
reasons for the failure to make timely payments. The commission and
the department shall include in that report a description of the
corrective actions being undertaken to prevent further delays in
future years.