BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 1393
          AUTHOR:        Skinner
          AMENDED:       April 23, 2009
          FISCAL COMM:   Yes            HEARING DATE:  June 17, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  Foster youth: priority for student housing.
          
           SUMMARY  

          This bill requests the California Community Colleges and  
          the University of California, and requires the California  
          State University, to give priority for student housing to  
          current and former foster youth.

           BACKGROUND  

          The Higher Education Outreach and Assistance Act for  
          Emancipated Foster Youth requires the following services to  
          be provided to assist emancipated foster youth:

          1)   The Trustees of the California State University (CSU)  
               and Board of Governors of the California Community  
               Colleges (CCC) to review housing issues to ensure  
               basic housing during the school year, including  
               vacations and holidays other than summer break,  
               provide technical assistance and advice to campuses on  
               ways in which to improve the delivery of services to  
               emancipated foster youth, and track retention rates of  
               students who voluntarily disclose their status as  
               former foster youth.

          2)   The Trustees of the CSU and Board of Governors of the  
               CCC to evaluate the extent to which their current  
               programs are meeting the needs of foster youth and how  
               those outreach and retention services can be improved.

          3)   The State University Educational Opportunity Program  
               and the CCC Extended Opportunity Programs and Services  
               to ensure that identified emancipated foster youth are  
               informed of services, including mentoring, provided by  




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               these programs.

          4)   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.

          5)   The Student Aid Commission to provide outreach  
               services and technical assistance to foster youth at  
               the two grade levels designated by the CSU and CCC.  

           ANALYSIS
           
           This bill  requests the California Community Colleges and  
          the University of California, and requires the California  
          State University, to give priority for student housing to  
          current and former foster youth.  Specifically, this bill:

          1)   Requires a campus of the California State University  
               (CSU) that maintains student housing facilities to  
               give priority to current and former foster youth.   
               This bill additionally requires a CSU campus that has  
               student housing open for occupation during school  
               breaks, or on a year-round basis, to 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.

          2)   Requires the same of a campus of the University of  
               California (UC), to the extent that the UC Regents, by  
               appropriate resolution, make this bill applicable.

          3)   Requests the same of a campus of the California  
               Community Colleges (CCC).

           STAFF COMMENTS  

           1)   Why request CCC and UC but require CSU to comply  ?   
               While the California State University (CSU) is  
               required to comply with the provisions of this bill,  
               the California Community Colleges (CCC) and the  




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               University of California (UC) are only requested to  
               comply.  Ten CCC campuses maintain dormitories, thus  
               the author believes the CCCs should provide priority  
               housing to foster youth.  However, requesting rather  
               than requiring the CCCs to comply avoids a  
               state-mandated cost associated with the bill.  The  
               author requests UC to comply with the provisions of  
               the bill as the California Constitution (Section 9 of  
               Article IX) establishes that the UC is subject to  
               legislative control only to the degree necessary to  
               ensure the security of its funds and compliance with  
               the terms of its endowments.

           2)   UC amendments  .  The UC has suggested, and the author  
               agreed to accept, amendments to clarify that the  
               former foster youth affected by this bill meet current  
               campus eligibility requirements for housing.  For  
               example, the UC does not want to create situations  
               where former foster youth are housed in graduate  
               family housing with no access to services for  
               undergraduate students.  Staff recommends that these  
               amendments be adopted.

           3)   Fiscal impact  .  According to the Assembly  
               Appropriations Committee analysis, CSU indicates no  
               fiscal impact.  To the extent UC and CCC decide to  
               give priority for campus housing to former foster  
               youth, any administrative costs should be minor and  
               absorbable.  (Only 10 community colleges provide  
               on-campus housing.)

           4)   Prior legislation  .  AB 1578 (Leno, 2007), among other  
               things, contained provisions relative to student  
               housing that are identical to this bill.  AB 1578 was  
               held on the Senate Appropriations Committee's suspense  
               file due to costs associated with provisions other  
               than those relating to housing.

          AB 2489 (Leno, 2006) was similar to AB 1578 (Leno, 2007).   
               AB 2489 was held in the Senate Appropriations  
               Committee.

           SUPPORT  

          California Community Colleges
          California State Association of Counties




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          California State PTA
          California Youth Connection (sponsor)
          Children's Advocacy Institute
          Children's Law Center of Los Angeles
          County Welfare Directors Association of California
          Everychild Foundation
          John Burton Foundation for Children Without Homes
          Junior League of Orange County
          National Association of Social Workers, California Chapter
          Southern California Foster Family and Adoption Agency

           OPPOSITION

           None received.