Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-806 Postsecondary education: homeless and former homeless youth.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 66025.9 of the Education Code is amended to read:

66025.9.
 (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth, former foster youth, homeless youth, or former homeless youth.
(b) For purposes of this section:
(1) “Foster youth and former foster youth” means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court,  the court  on or after the youth’s 13th 16th  birthday and who is no older than 25 years of age at the commencement of the academic year.
(2) “Homeless youth and former homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of the youth’s application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:
(A) (i)  A homeless services provider, as that term is defined in paragraph (3) of subdivision (e) (d)  of Section 103577 of the Health and Safety Code.
(B) (ii)  The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director.
(C) (iii)  A financial aid administrator for an institution of higher education.
(D) (iv)  A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5.
(E) For American Indian students, a representative of the student’s tribe or a representative of a tribal organization that is a homeless services provider.
(c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution.

SEC. 2.

 Section 67003.5 of the Education Code is amended to read:

67003.5.
 (a) A postsecondary educational institution that is a “qualifying institution,” as defined in Section 69432.7, shall do both of the following:
(1) Designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as the Homeless and Foster Student Liaison. The Homeless and Foster Student Liaison shall be responsible for understanding the provisions of the federal Higher Education Act pertaining to financial aid eligibility of current and former foster youth, homeless youth, and former homeless youth, including unaccompanied homeless youth, and for identifying services available and appropriate for enrolled students who fall under one or more of these categories. The liaison shall assist these students in applying for and receiving federal and state financial aid and available services.
(2) Inform current and prospective students of the institution about student financial aid and other assistance available to homeless youth, former homeless youth, and current and former foster youth, including their eligibility as independent students under Section 1087vv of the federal Higher Education Act, as that section read on December 31, 2015.
(b) The Regents of the University of California are requested to adopt policies that are, to the extent that is feasible, equivalent to the provisions of subdivision (a).
(c) The definitions of foster youth, former foster youth, homeless youth, and former homeless youth in subdivision (b) of Section 66025.9 shall apply to this section.

SEC. 3.

 Section 69514.5 of the Education Code is amended to read:

69514.5.
 (a) The Community College Student Financial Aid Outreach Program is hereby established. The commission shall, in consultation with the office of the Chancellor of the California Community Colleges, develop and administer this program for the purpose of providing financial aid training to high school and community college counselors and advisers who work with students planning to attend or attending a community college. This training shall also address the specific needs of all of the following:
(1) Community college students intending to transfer to a four-year institution of higher education.
(2) Foster youth and former foster youth, as defined in subdivision (b) of Section 66025.9.
(3) Homeless youth and former homeless youth, as defined in subdivision (b) of Section 66025.9.
(4) Students with disabilities.
(b) The program shall provide specialized information on financial aid opportunities available to community college students, with a particular focus on students who plan to transfer to a four-year college or university. The commission shall work in collaboration with the Chancellor of the California Community Colleges and other segments of higher education to develop and distribute this specialized information to assist community college students who are planning to transfer to a four-year college or university. Each year, the program shall offer financial aid workshops for high school and community college counselors, targeted for students planning to attend a community college or to transfer from a community college to a four-year institution of higher education. The program shall assist community college counselors in conducting student and family workshops that provide general information about financial aid and technical assistance in completing financial aid forms.
(c) The program shall concentrate its efforts on high schools and community colleges that are located in geographic areas that have a high percentage of low-income families.

SEC. 4.

 Section 69561 of the Education Code is amended to read:

69561.
 (a) The California  Student Opportunity and Access Program is administered by the commission. Student Aid Commission. 
(b) (1)  The commission  Student Aid Commission  may apportion funds on a progress payment schedule for the support of projects designed to increase the accessibility of postsecondary educational opportunities and financial aid for pupils from underserved communities who meet one or more  for any  of the following criteria: elementary and secondary school pupils: 
(A) (1)  Pupils who are from low-income families.
(B) (2)  Pupils who would be the first in their families to attend a postsecondary educational institution. college. 
(C) (3)  Pupils who are from schools or geographic regions with documented low postsecondary education eligibility or  low-eligibility or college  participation rates.
(D) (4)  Pupils who are homeless youth and former homeless youth, as defined in subdivision (b) of Section 66025.9, or who are at risk of becoming homeless. 66025.9. 
(E) Pupils who are from mixed immigration status households or who themselves are immigrants.
(F) Pupils who are current or former foster youth. As used in this paragraph, “current or former foster youth” means a person whose dependency was established or continued by the court on or after the date on which the person reached 13 years of age.
(G) Pupils who identify as being LGBTQ+.
(H) Pupils who have a disability.
(I) Pupils who are part of a historically underserved minority group.
(2) The commission shall allocate up to 2 percent of funding appropriated for this program for program administration, data collection, and evaluation. Any funds allocated for these purposes are not subject to the match funding requirements of this article.
(c) These projects shall primarily do all of the following:
(1) Increase the availability of information for these pupils on the existence of postsecondary education, the total cost of attending a postsecondary educational institution, and financing options, including grants, scholarships, student loans, and  schooling and  work opportunities.
(2) Increase the number of pupils submitting completed financial aid applications, including the FAFSA or the CADAA, and assist pupils as needed with the financial aid verification process. Raise the achievement levels of these pupils so as to increase the number of high school graduates eligible to pursue postsecondary learning opportunities. 
(3) Hire undergraduate or graduate students to serve as college success coaches to actively mentor pupils, encourage a college-going culture, help pupils plan for their postsecondary education, and help pupils complete a FAFSA or a CADAA for financial aid consideration. Projects should aim to hire college success coaches with similar backgrounds as pupils described in paragraph (1) of subdivision (b).
(d) Projects may assist community college students in transferring to four-year postsecondary educational institutions, and students in their first year at four-year postsecondary educational institutions,  institutions,  to the extent that project resources are available.
(e) Projects may provide assistance to middle school pupils described in paragraph (1) of subdivision (b)  low-income fifth and sixth grade pupils  and their parents or guardians by implementing in order to implement  outreach efforts designed to inform them of  use  the future availability of and access to postsecondary education  financial assistance as a means of motivating pupils to stay in school and complete college preparatory courses.
(f) Projects shall provide assistance to high school pupils described in paragraph (1) of subdivision (b) and their parents or guardians by providing information on college preparation and on understanding the total cost of attending a postsecondary educational institution, and by assisting with completion of financial aid applications. Projects are encouraged to leverage commission outreach efforts, such as Cash for College workshops, to assist their students with completing the FAFSA or the CADAA.
(g) (f)  Projects may provide assistance to low-income middle and high school pupils and their parents in order to implement outreach efforts designed to use the future availability of financial assistance as a means of motivating pupils to stay in school by promoting career technical education public awareness. Projects  shall promote the value of career technical education, available career programs in public schools and postsecondary segments with sequenced courses beginning in high school and continuing into postsecondary education, and the resulting career opportunities.
(h) (g)  Each project shall establish or strengthen regional collaborative relationships and partnerships. Each project shall  be proposed and operated through a consortium that involves at least one secondary school district office, at least one four-year college or university, at least one community college, and at least one of the following agencies:
(1) A nonprofit educational, counseling, or community agency.
(2) A private vocational or technical school accredited by a national, state, or regional accrediting association recognized by the United States Department of Education.
(i) (1) The commission, in awarding initial project grants, shall give priority to the following proposals:
(A) Proposals developed by more than three eligible agencies.
(B) Proposals in counties in which a four-year public postsecondary educational institution is not headquartered.
(h)   (2) The commission,   in awarding initial project grants, shall give priority to proposals developed by more than three eligible agencies.  Projects shall be located throughout the state in order to provide access to program services in rural, urban, and suburban areas.
(j) (i)  The governing board of each project, composed of  comprising  at least one representative from each entity in the consortium, shall establish management policy, approve and  provide direction to the project director, set priorities for budgetary decisions that reflect the specific needs of the project, and assume responsibility for maintaining the required level of matching funds, including solicitations from the private sector and corporate sources.
(k) (j)  Before  Prior to  receiving a project grant, each consortium shall conduct a planning process and submit a comprehensive project proposal to include, but not be limited to, the following information:
(1) The agencies participating in the project.
(2) The pupils to be served by the project.
(3) The ways in which the project will reduce duplication and related costs.
(4) The methods for assessing the project’s impact.
(l) (k)  Each project shall include the direct involvement of secondary school staff in the daily operations of the project, with preference in funding to those projects that effectively integrate the objectives of Cal-SOAP  the Student Opportunity and Access Program  with those of the school district in providing services that are essential to preparing pupils for postsecondary education.
(m) (l)  (1)  Each project shall maintain within the project headquarters  a comprehensive pupil data pupil-specific information  system on pupils receiving services through the program in middle and high school  grades 11 and 12 at secondary schools  within the participating districts. This information shall be maintained in a manner consistent with the law relating to pupil records. For purposes of assessing financial aid completion and evaluating program effectiveness, the commission shall require each project to submit on a periodic basis to the commission or a commission grantee designee certain outreach metrics for the purpose of evaluating the effectiveness of the program and the project. The following outreach metrics shall be reported: 
(A) Individual student level data, including specification of each target population described in paragraph (1) of subdivision (b) that includes the student, for the following:
(i) High school graduates not described in clause (ii) or (iii) who were eligible for admission to a public postsecondary educational institution.
(ii) Students not described in clause (iii) who applied for admission at a public postsecondary educational institution.
(iii) Students who enrolled at a public postsecondary educational institution.
(B) Disaggregated data based on target populations described in paragraph (1) of subdivision (b) for the following:
(i) Students that received Cal-SOAP services.
(ii) Pupils that completed the FAFSA.
(iii) Pupils that completed the CADAA.
(2) For the purposes and facilitation of the evaluation of the programs and the projects funded pursuant to this article, project grantees, local educational agencies, the department, the University of California, the California State University, the California Community Colleges, and the commission may share student data, including personally identifiable information, with one another, including, but not necessarily limited to, information on pupils in grades 11 and 12 and students who have applied to a public postsecondary educational institution, for the purposes of outreach, completion of FAFSA and CADAA applications, and verification of application to and enrollment in a public postsecondary educational institution.
(3) Information shared under this subdivision shall be handled in compliance with all applicable state and federal privacy laws, including the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g).
(n) (m)   At least 30 percent or the equivalent of each project grant shall be allocated for stipends to college success coaches and for any costs associated with providing training or necessary supplies and equipment to the college success coaches  peer advisers and tutors  who meet all of the following criteria:
(1) Work with middle and high  secondary  school pupils.
(2) Are currently enrolled in a college or other postsecondary educational institution  school  as an undergraduate or graduate student.
(3) Have demonstrated financial need, as defined by the commission,  need  for the stipend.
(o) (n)  Each project should work cooperatively with other projects in the program and with the commission to establish viable student services and sound administrative procedures, procedures  and to ensure coordination of the activities of the project with existing educational opportunity programs. The Student Aid Commission may develop additional regulations regarding the awarding of project grants and criteria for evaluating the effectiveness of the individual projects. 
(p) Surveys and other means developed by the projects may be used for purposes of students self-identifying the target populations described in paragraph (1) of subdivision (b) in which they are included. The surveys or other means established by the projects may be used instead of students providing documentation verifying the target populations described in paragraph (1) of subdivision (b) in which they are included.
(q) The commission may adopt regulations necessary for the implementation and evaluation of this program and individual projects.

SEC. 5.

 Section 76300 of the Education Code is amended to read:

76300.
 (a) The governing board of each community college district shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by Section 84757.
(2) California State University or University of California students enrolled in pretransfer remedial  classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the board of governors that governors, which  fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B) Meets one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii) Demonstrates eligibility according to income standards established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9.
(2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s control, such as reductions in student support services or changes to the economic situation of the student.
(iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3. 68120. 
(j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1) The dependent was a resident of California on September 11, 2001.
(2) The individual killed in the attacks was a resident of California on September 11, 2001.
(k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year.
(n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic.
(2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities.
(o) (n)  The board of governors shall adopt regulations implementing this section.
SEC. 6.
 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.