BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                               Jack Scott, Chair
                           2005-2006 Regular Session
                                        

          BILL NO:       AB 2489
          AUTHOR:        Leno
          AMENDED:       May 26, 2006
          FISCAL COMM:   Yes            HEARING DATE:  June 28, 2006
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT :  Educational and Support Services for Foster Youth
          
           SUMMARY  

          This bill expands the current Foster Youth Services  
          Program, makes foster youth eligible for certain financial  
          aid, and gives foster youth priority in student housing at  
          the California State University (CSU) and University of  
          California (UC).

           BACKGROUND  

          Current law establishes: 

          1)   The Foster Youth Services Core District Programs,  
               operated by school districts or a consortia, and 53  
               countywide Foster Youth Services programs for foster  
               youth who reside in a Licensed Children's Institution.  
                The goals of these programs is to, among other  
               things, (1) identify the needs of foster youth; (2)  
               provide educational and social support services; and,  
               (3) improve student academic achievement and reduce  
               juvenile delinquency.  A February 2006 report of the  
               California Department of Education (CDE) recommended,  
               among other things, that the Foster Youth Services  
               Programs be expanded to serve all foster youth, not  
               only those living in Licensed Children's Institutions  
               (only about 12% of foster youth).

          2)   The Higher Education Outreach and Assistance Act for  
               Emancipated Foster Youth, which requires:

               a)        The Trustees of the CSU and Board of  
                    Governors of the California Community Colleges  
                    to, among other things to assist emancipated  




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                    foster youth, review housing issues to ensure  
                    basic housing during the school year, including  
                    vacations and holidays other than summer break,  
                    and track retention rates of students who  
                    voluntarily disclose their status as former  
                    foster youth.  
               b)        The Trustees and Board of Governors to  
                    evaluate the extent to which their current  
                    programs are meeting the needs of foster youth  
                    and how outreach and retention services can be  
                    improved.
               c)        The State Department of Social Services and  
                    county welfare departments to, in coordination  
                    with the CSU and CCCs, communicate with foster  
                    youth at two grade levels designated jointly by  
                    the CSU and CCCs to conduct outreach and  
                    technical assistance for prospective students.
               d)        The Student Aid Commission to provide  
                    outreach services and technical assistance to  
                    foster youth at the designated two grade levels.   
                    The Department of Social Services and county  
                    welfare departments are to communicate with  
                    foster youth to facilitate the Student Aid  
                    Commission's outreach and technical assistance  
                    for prospective students.

          3)   The Cal Grant program.  Cal Grant B serves the lowest  
               income students, and unlike the Cal Grant A, does not  
               pay for tuition and fees in a student's first year of  
               college (a Cal Grant B provides $1,551 that is  
               intended to be used for books, transportation, etc.).   
               Cal Grant B recipients who attend a CCC are eligible  
               for a Board of Governors fee waiver.

          4)   The California Chafee Grant Program  
               (federally-funded), which gives "free money" up to  
               $5,000 per academic year to current or former foster  
               youth to use for vocational school training (of at  
               least one year in duration) or college courses.  To  
               apply students must file a FAFSA and must not have  
               reached their 22nd birthday by July 1, preceding the  
               academic year for which they will be attending school.  
                This program is not an entitlement.

           ANALYSIS
           




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           This bill  :

           Foster Youth Services Program
           
          1)  Expands the current Foster Youth Services Program by  
               authorizing county offices of education, consortiums  
               of county offices of education, consortiums of school  
               districts and county offices of education to apply to  
               the Superintendent of Public Instruction (SPI) for  
               grant funding, to the extent funds are available, to  
               operate an education-based foster youth services  
               program. 

          2)  Requires each program, if sufficient funds are  
               available, to have at least one person identified as  
               the foster youth educational services advocate.  This  
               advocate is to ensure educational services are  
               provided to any foster youth in the county who is a  
               ward of the court, with specified responsibilities.

          3)  Requires each program to use guiding principles that  
               establish a priority of services, as specified.





           Cal Grant B
           
          Extends to current or former foster youth eligibility for  
          Cal Grant B awards that cover tuition and fees (currently  
          awards other than access award in first year are capped at  
          2% of recipients).

           University grants
           
          1)  States Legislative intent that all current and former  
               foster youth (California residents) have their system  
               wide and campus fees covered by grants, and if a  
               foster youth does not receive a Cal Grant sufficient  
               to cover those fees, the CSU provide CSU grant funds  
               to cover all of those fees.  Legislative intent is  
               also stated requesting UC do the same.

          2)  Requires the California State University (CSU) to  
               annually provide information to the Department of  




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               Finance and the Legislative Analyst's Office to ensure  
               that its budget is augmented to provide necessary  
               funding for the State University Grant Program.  The  
               UC is requested to do the same.

           Student housing
           
          Requires a CSU (and the University of California, to the  
          extent the Regents adopt a resolution to do so) campus that  
          has student housing to give priority to current and former  
          foster youth, as specified.

           Chafee Grants
           
          1)States legislative intent that new and renewal payments  
            be made to eligible foster youth in the Chafee program by  
            October 15, 2006.

          2)Requires, if Chafee Grant payments are not made to  
            eligible foster youth by October 15, 2006, the Student  
            Aid Commission and the Department of Social Service to  
            report to the Legislature and Governor by March 1, 2007,  
            on the reasons for the failure to make timely payments  
            and description of corrective actions to prevent delays  
            in future years.

           Notification  

          Requires the Department of Social Services to annually  
          notify in writing all foster youth 13 years of age and  
          older of the educational support available pursuant to this  
          bill.

           STAFF COMMENTS  

           1)   Cal Grant B  . This bill makes foster youth eligible for  
               a Cal Grant award, in addition to the "access" grant  
               of $1,551 that covers tuition and fees.  This  
               provision would only affect foster youth attending UC,  
               CSU or private colleges and universities, as Cal Grant  
               B recipients who attend a CCC are eligible to receive  
               a Board of Governors fee waiver.  

           2)   What is the concern about late payments in Chafee  ?   
               According to the Assembly Higher Education Committee  
               analysis, "foster youth do not typically have families  




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               upon which to rely while they await financial aid  
               grants.  Their needs are considerable and immediate.   
               Actual payments in this program have been seriously  
               delayed for a combination of reasons, including the  
               October availability of federal funding, delays in  
               Department of Social Services certification of  
               eligible foster youth and Student Aid Commission  
               delays in making awards and processing payments.  In  
               the current year, renewal students were paid sometime  
               between mid-September and mid-October 2005.  New  
               recipients, however, were not even selected by the  
               Student Aid Commission until March 17, 2006, and  
               payments were not actually started until early April  
               2006.   Campuses report that foster youth, who had  
               applied for this assistance many months ago, have  
               experienced serious difficulties, including eviction  
               from residences and dropping out of college."

           3)   Do foster youth need priority for student housing  ?   
               Also according to the Assembly Higher Education  
               Committee analysis, "foster youth would be well served  
               by more stable residences during their college years.   
               Most students who reside in college dorms typically go  
               home for holiday and vacation breaks.  The lack of a  
               home to which a foster youth might go has caused  
               problems for this population for many years.  Priority  
               for housing, including year-round and vacation-break  
               housing, where available, is a positive step toward  
               providing this population with critically needed  
               stability."

           4)   Fiscal effect  .  According to the Assembly  
               Appropriations Committee analysis, this bill would  
               impose:

               a)        Up to several million dollars annually to  
                    expand foster youth education and support  
                    services.
               b)        Approximately $270,000 annually to provide  
                    tuition and fee payments to Cal Grant B  
                    recipients in their first year of college.
               c)        Annual General Fund costs of about $12,000  
                    for the Department of Social Services to notify  
                    foster youth of the availability of educational  
                    support.





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           5)   Related legislation  .  AB 1532 (Bass, 2005) eliminates  
               the annual March 2 Cal Grant deadline for current or  
               former foster youth, thereby allowing them to apply  
               for an "entitlement" Cal Grant, essentially, on a  
               year-round basis.  AB 1532 is pending on this  
               Committee's suspense file.

          AB 1315 (Liu) deletes the existing cap ($1,551) on the  
               maximum award for  "access costs" under the Cal Grant  
               B program and instead; 1) requires that the maximum  
               award for 2006-07 equal at least $1,551; 2) requires  
               that the maximum award be increased by no less than 5%  
               and no more than 10% annually until it is equal to at  
               least 20% of the access costs determined via the  
               California Student Aid Commission administered Student  
               Expenses and Resources Survey (SEARS); and 3) requires  
               that, in between the triennial updates of the SEARS,  
               the maximum award  be adjusted by the percentage  
               change in the California Consumer Price Index.  AB  
               1315 is pending on this Committee's suspense file.

          SB 1777 (Alarcon) provides supplemental funding to school  
               districts and county offices of education that provide  
               instructional services to foster youth.  SB 1777 is  
               set for hearing in the Assembly Education Committee on  
               June 28, 2006.

           SUPPORT  

          American Federation of State, County, and Municipal  
          Employees
          California Alliance of Child and Family Services
          California Association of Adoption Agencies
          California Coalition for Youth
          California Court Appointed Special Advocate Association
          California State Association of Counties
          California State PTA
          Children's Advocacy Institute
          City and County of San Francisco
          County Welfare Directors Association of California
          Court Appointed Special Advocates of Contra Costa County
          Junior League of California, State Public Affairs Committee
          National Association of Social Workers
          San Francisco Unified School District
          Santa Clara County Board of Supervisors





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           OPPOSITION  

          None received.