BILL REQ. #:  Z-0449.1 

Read first time 01/12/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to postsecondary education and training support for former foster youth; amending RCW 28B.92.060 and 28B.12.060; adding a new section to chapter 74.13 RCW; creating a new section; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) The majority of foster youth fail to thrive in our educational system and, relative to nonfoster youth, disproportionately few enroll in college or other postsecondary training programs. As a result, former foster youth generally have poor employment and life satisfaction outcomes;
     (b) Low expectations, lack of information, fragmented support services, and financial hardship are the most frequently cited reasons for failure of foster youth to pursue postsecondary education or training. Initiatives have been undertaken at both the state and community levels in Washington to improve outcomes for foster youth in transition to independence; however, these initiatives are often not coordinated to complement one another;
     (c) Even after they reach the age of eighteen, nonfoster youth often receive financial support from their families to pursue postsecondary education or training. Although the state is the legal guardian for those foster youth who have not been reunited with their families, adopted, or placed into guardianship, after these youth reach the age of eighteen, the state does not consistently provide financial support so that they may pursue postsecondary education or training.
     (2) The legislature intends to encourage and support foster youth to pursue postsecondary education or training opportunities. A coordination committee that provides statewide planning and oversight of related efforts will improve the effectiveness of both current and future initiatives to improve postsecondary educational outcomes for foster youth. In addition, the state can provide financial support to former foster youth pursuing higher education or training by setting aside portions of the state need grant and the state work study programs specifically for foster youth.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     (1) The department shall establish a foster youth postsecondary education and training coordination committee. The committee shall be comprised of staff from the children's administration of the department, the office of the superintendent of public instruction, and the higher education coordinating board. In addition, the committee shall include foster youth, former foster youth who have successfully completed a postsecondary education or training program, foster parents, and representatives from nonprofit service agencies and grant-making organizations that have expertise and an interest in further promoting opportunities for foster youth to participate in postsecondary education or training opportunities. The department may also invite other interested stakeholder groups to provide representation on the committee.
     (2) The duties of the coordination committee shall include, but are not limited to:
     (a) Assessing the scope and nature of statewide need among current and former foster youth for assistance to pursue and participate in postsecondary education or training opportunities;
     (b) Identifying available sources of funding available in the state for services to former foster youth to pursue and participate in postsecondary education or training opportunities;
     (c) Reviewing the effectiveness of activities in the state to support former foster youth to pursue and participate in postsecondary education or training opportunities;
     (d) Identifying new activities, or existing activities that should be modified or expanded, to best meet statewide needs;
     (e) Reviewing on an ongoing basis the progress toward improving educational and vocational outcomes for foster youth.
     (3) This section expires June 30, 2011.

Sec. 3   RCW 28B.92.060 and 2004 c 275 s 37 are each amended to read as follows:
     In awarding need grants, the board shall proceed substantially as follows: PROVIDED, That nothing contained herein shall be construed to prevent the board, in the exercise of its sound discretion, from following another procedure when the best interest of the program so dictates:
     (1) The board shall annually select the financial aid award recipients from among Washington residents applying for student financial aid who have been ranked according to:
     (a) Financial need as determined by the amount of the family contribution; and
     (b) Other considerations ((brought to the board's attention)), such as whether the student is a former foster youth.
     (2) The financial need of the highest ranked students shall be met by grants depending upon the evaluation of financial need until the total allocation has been disbursed. Funds from grants which are declined, forfeited or otherwise unused shall be reawarded until dispersed, except that eligible former foster youth shall be assured receipt of a grant.
     (3) A student shall be eligible to receive a state need grant for up to five years, or the credit or clock hour equivalent of five years, or up to one hundred twenty-five percent of the published length of time of the student's program. A student may not start a new associate degree program as a state need grant recipient until at least five years have elapsed since earning an associate degree as a need grant recipient, except that a student may earn two associate degrees concurrently. Qualifications for renewal will include maintaining satisfactory academic progress toward completion of an eligible program as determined by the board. Should the recipient terminate his or her enrollment for any reason during the academic year, the unused portion of the grant shall be returned to the state educational grant fund by the institution according to the institution's own policy for issuing refunds, except as provided in RCW 28B.92.070.
     (4) In computing financial need, the board shall determine a maximum student expense budget allowance, not to exceed an amount equal to the total maximum student expense budget at the public institutions plus the current average state appropriation per student for operating expense in the public institutions.
     (5) As used in this section, "former foster youth" means a person who is at least eighteen years of age, but not more than twenty-four years of age, who was a dependent of the department of social and health services at the time he or she attained the age of eighteen.

Sec. 4   RCW 28B.12.060 and 2002 c 354 s 224 are each amended to read as follows:
     The higher education coordinating board shall adopt rules as may be necessary or appropriate for effecting the provisions of this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules shall include provisions designed to make employment under the work-study program reasonably available, to the extent of available funds, to all eligible students in eligible postsecondary institutions in need thereof. The rules shall include:
     (1) Providing work under the state work-study program that will not result in the displacement of employed workers or impair existing contracts for services;
     (2) Furnishing work only to a student who:
     (a) Is capable, in the opinion of the eligible institution, of maintaining good standing in such course of study while employed under the program covered by the agreement; and
     (b) Has been accepted for enrollment as at least a half-time student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance there either as an undergraduate, graduate or professional student; and
     (c) Is not pursuing a degree in theology;
     (3) Placing priority on providing:
     (a) Work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.012 and 28B.15.013, particularly former foster youth as defined in RCW 28B.92.060, except resident students defined in RCW 28B.15.012(2)(((f))) (g);
     (b) Job placements in fields related to each student's academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and
     (c) Off-campus community service placements;
     (4) Provisions to assure that in the state institutions of higher education, utilization of this work-study program:
     (a) Shall only supplement and not supplant classified positions under jurisdiction of chapter 41.06 RCW;
     (b) That all positions established which are comparable shall be identified to a job classification under the director of personnel's classification plan and shall receive equal compensation;
     (c) Shall not take place in any manner that would replace classified positions reduced due to lack of funds or work; and
     (d) That work study positions shall only be established at entry level positions of the classified service unless the overall scope and responsibilities of the position indicate a higher level; and
     (5) Provisions to encourage job placements in occupations that meet Washington's economic development goals, especially those in international trade and international relations. The board shall permit appropriate job placements in other states and other countries.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.