BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2489
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          Date of Hearing:   April 26, 2006

                           ASSEMBLY COMMITTEE ON EDUCATION
                               Jackie Goldberg, Chair
                     AB 2489 (Leno) - As Amended:  April 17, 2006
           
          SUBJECT  :   Foster youth: educational and financial aid support  
          services

           SUMMARY  :   Enacts the "Foster Youth Higher Education Preparation  
          and Support Act of 2006," which includes matching funds for  
          federal grants, enhanced education services in K-12 districts,  
          student aid initiatives to close fee grant gaps in public higher  
          education, a new program for college-based foster youth  
          services, and student housing priority at public colleges and     
                 universities.  Specifically,  this bill  :  

          1)Enacts the "Foster Youth Higher Education Preparation and  
            Support Act of 2006."

          2)States the intent of the Legislature to accomplish the  
            following:

             a)   To create opportunities for local education-based Foster  
               Youth Services Programs; 

             b)   To close gaps in the mixture of California student aid   
               programs to ensure foster youth receive sufficient  
               financial aid to pay their systemwide and campus fees at  
               California public colleges and universities; and

             c)   To establish a matching program for federal Chafee  
               Higher Education Grants for foster youth.

          3)Specifies a range of local entities that may apply for grant  
            funding from the
            Superintendent of Public Instruction (SPI) to operate an  
            education-based foster youth services program for children who  
            reside in foster homes and requires that:

             a)   Each foster youth services program thus established  
               shall have at least one person identified as a foster youth  
               educational services advocate with duties that include, but  
                are not limited to:









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                  i)        Working with the child welfare agency to  
                    minimize changes in school placement;
                  ii)          Facilitating prompt transfer of education  
                    records when changes are necessary;
                  iii)         Providing information to the child welfare  
                    agency;
                  iv)          Responding to requests from the juvenile  
                    court;
                  v)        Working to identify and obtain services to  
                    enhance the educational prospects of the children  
                    (e.g., tutoring, mentoring);
                  vi)          Facilitating communication between the  
                    foster care provider, the teacher and other providers;
                  vii)         Sharing information with the foster care  
                    provider about training programs; and
                  viii)        Referring foster youth with special needs  
                    to special education advocates;

             a)   Each program may prescribe the method for determining  
               which children may be served and suggest allowable  
               methodologies; and 
             b)   Each program shall have guiding principles that  
               establish a hierarchy of services, in accordance with the  
               following order:

               i)       Provide tutoring services;
               ii)          Provide or arrange referral to mentoring,  
                 counseling, transitioning services, emancipation   
                 services;
               iii)         Facilitation of timely individualized  
                 education programs and all special education services;
               iv)          Establishing collaborative relationships and  
                 local advisory groups; and
               v)     Establishing mechanisms for efficient and  
                 expeditious transfer of records; and

             a)   For the purposes of this section, defining a "licensed  
               or approved foster home" as 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).

          1)Authorizes the California Student Aid Commission to make  
            tuition and fee payments to a recipient of Cal Grant B in his  
            or her first academic year of attendance if the recipient is  








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            or was a foster youth.

          2)Establishes the "California Guardian Scholars Program" (CGSP),  
            to be jointly administered by the Regents of the University of  
            California (UC), the Trustees of the California State  
            University (CSU), the Board of Governors of the California  
            Community Colleges (CCC) and the SPI. 

          3)States 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, and enacts the respective provisions to meet the  
            intent.  

          4)Requires UC and CSU to give student housing priority to  
            current and former foster youth in order to ensure stable  
            housing for these students, and further requires CSU to give  
            first priority to foster youth for residence in housing  
            facilities that are open for uninterrupted year-round  
            occupation and secondarily, for housing that is open for  
            occupation during most days throughout the calendar year.

          5)Requires DSS annually to notify, in writing, all foster youth  
            aged 13 and older of the educational supports available to  
            them pursuant to this bill.

          The remainder of this analysis primarily addresses aspects of  
          this bill related to K-12 education.
           
          EXISTING LAW  

          1)Provides that six 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. 

          2)Authorizes specified 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. 

          3)Provides for funding for specified school districts for the  
            provision of providing educational services for foster youth  








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            in any fiscal year, upon appropriation from the General Fund,  
            or, if sufficient funds are available, from the Foster  
            Children and Parent Training Fund.

          4)Establishes the Department of Social Services in the Health  
            and Human Services Agency.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill is sponsored by the California Youth  
          Connection, the Children's Law Center of Los Angeles, and the  
          Youth Law Center.

           Purpose of the bill  .  According to the author, all California  
          foster youth should receive the academic preparation, financial  
          assistance and campus-based support services they need to gain  
          access to higher education and to be successful in their  
          education.  While California protects foster youth from abuse  
          and neglect, it needs to do more to support a successful  
          transition into adulthood.  Only half of all foster youth  
          complete high school and only 15% take the necessary courses to  
          gain college admission; fewer than 10% who graduate from high  
          school go on to college, and those that do encounter significant  
          obstacles (including insufficient financial aid, insufficient  
          coordination of campus support services, and a lack of a stable  
          place of residence).  Fewer than 2% of foster youth who go on to  
          college ever graduate.  Foster youth are more likely than the  
          general population to face homelessness, incarceration and lower  
          lifetime earning potential.  This bill contains a package of  
          initiatives to meet the higher education needs of foster youth.

           Related legislation now pending  .  

           AB 1532 (Bass), pending in the Senate, removes procedural  
          barriers that limit foster youth participation in the Cal Grant  
          programs.  

          AB 2216 (Bass), pending in the Assembly, establishes a Child  
          Welfare Council, which may advise various branches of government  
          regarding the needs of foster youth.  

          AB 2813 (De La Torre), pending in the Assembly, provides tuition  
          and fee benefits for first-year Cal Grant B recipients, among  
          other provisions.









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          SB 1289 (Cedillo), pending in the Senate, extends welfare  
          benefits provided to foster care providers on behalf of a foster  
          youth over the age of 18 if that foster youth is enrolled in a  
          college, university or vocational school.


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Youth Connection (Sponsor)
          Children's Law Center of Los Angeles (Sponsor)
          Youth Law Center (Sponsor) 
          Alameda County Foster Youth Alliance
          American Federation of State, County and Municipal Employees  
          (AFSCME)
          California Alliance of Child and Family Services
          California State Association of Counties (CSAC)
          California State PTA
          California Teachers Association (CTA)
          Center for Transitional Students and Families, Oakland Unified  
          School District
          Children's Advocacy Institute
          CME (Connect, Motivate, Educate) Society of San Jose State  
          University
          County Welfare Directors Association of California (CWDA)
          Emily H. Wughalter, Ed.D., Associate Dean, San Jose State  
          University
          Honoring Emancipated Youth (HEY)
          John Halcon, PhD, College of Education, California State  
          University, San Marcos
          Lambda Letters Project
          Mariposa County Office of Education, Mariposa County Unified  
          School District
          National Association of Counsel for Children, Los Angeles  
          Affiliate
          National Association of Social Workers, California Chapter  
          (NASW)
          National Center for Youth Law
          San Diego County Office of Education
          Santa Clara County Board of Supervisors
          Service Employees International Union (SEIU)

           Opposition 
           








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          None on file.  
           
          Analysis Prepared by  :    Josefina Ramirez / ED. / (916) 319-2087