SENATE BILL REPORT

SHB 2254

As Reported by Senate Committee On:

Higher Education & Workforce Development, February 22, 2012

Ways & Means, February 23, 2012

Title: An act relating to improving outcomes for youth in and alumni of foster care.

Brief Description: Enacting the educational success for youth and alumni of foster care act.

Sponsors: House Committee on Ways & Means (originally sponsored by Representatives Carlyle, Kagi, Reykdal, Darneille, Maxwell, Jinkins, Pedersen, Seaquist, Roberts, Dickerson and Kenney).

Brief History: Passed House: 2/11/12, 88-7.

Committee Activity: Higher Education & Workforce Development: 2/15/12, 2/22/12 [DPA-WM, w/oRec].

Ways & Means: 2/23/12 [DPA(HEWD), w/oRec].

Majority Report: Do pass as amended and be referred to Committee on Ways & Means.

Signed by Senators Tom, Chair; Shin, Vice Chair; Hill, Ranking Minority Member; Baumgartner, Frockt, Kastama and Kilmer.

Minority Report: That it be referred without recommendation.

Signed by Senators Becker and Stevens.

Staff: Kimberly Cushing (786-7421)

Majority Report: Do pass as amended by Committee on Higher Education & Workforce Development.

Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli, Ranking Minority Member; Parlette, Ranking Minority Member Capital; Baumgartner, Brown, Conway, Fraser, Harper, Hatfield, Hewitt, Honeyford, Kastama, Keiser, Kohl-Welles, Pridemore, Regala, Schoesler and Tom.

Minority Report: That it be referred without recommendation.

Signed by Senators Holmquist Newbry and Padden.

Staff: Maria Hovde (786-7710)

Background: Under current law, it is state policy that, wherever practical and in the best interests of the child, children placed into foster care must remain enrolled in the schools they were attending at the time they entered foster care. In order to maximize foster children’s educational continuity and achievement, administrative regions of Department of Social and Health Services (DSHS) must develop protocols with school districts specifying strategies for communication, coordination, and collaboration regarding the status and progress of foster children. Additionally, in order to serve students who are the subject of child dependency cases, their educational records must be released to DSHS upon request.

Passport to College Promise Scholarship Program (Passport program). The Passport program was created in 2007 to help students from foster care attend and succeed in college. To be eligible for a scholarship under the Passport program, a student must have been emancipated from foster care after having spent at least one year in foster care since turning 16. A student must also be a Washington resident enrolled at least half-time in a college in Washington, make satisfactory academic progress, not already have a bachelor's or professional degree, and not be pursuing a degree in theology.

The amount of the scholarships will equal the difference between a student's financial need and the amount the student receives through public and private grants, scholarships, and waiver assistance, including a self-help amount. However, scholarships will not exceed the amount of resident undergraduate tuition and fees at the highest-priced public institution. An eligible student may receive a scholarship for up to five years or until the student turns 26, whichever occurs first. The program is authorized as a six-year pilot, and, in the 2011-12 school year, is in its fourth year of serving students.

College Bound Scholarship. The Washington College Bound Scholarship was created in 2007. Students are eligible if they quality for free or reduced-price lunch. To be awarded the scholarship an eligible student must pledge, during grade seven or eight, that they will: (1) graduate from high school; (2) graduate with at least a C average; and (3) not have any felony convictions. To receive the scholarship, the student must have kept the pledge, must have a family income at high school graduation below 65 percent of the state median, and must be a resident student.

The Office of the Superintendent of Public Instruction (OSPI) notifies schools about the program, and the Higher Education Coordinating Board (HECB) develops and distributes the pledge forms, tracks scholarship recipients, and distributes scholarship funds. The scholarship is equal to the difference between the cost of the student's tuition and fees at a public college or university, plus $500 for books and materials minus the value of any other state financial aid received for those items. The maximum award is for four years. The first scholarships are awarded to students graduating in 2012.

Summary of Bill (Recommended Amendments): The Passport program is extended from 2013 to 2022. An additional purpose of the Passport program is added related to improving high school graduation of foster youth through coordination, outreach, and intervention; definitions are clarified.

Institutions of higher education must explain on registration materials that there may be financial and support services available for students formerly in foster care.

Provisions related to supplemental education transitional planning are replaced with a requirement for DSHS to contract with at least one nongovernmental entity that has demonstrated success in working with foster care youth in improving educational outcomes, to the extent that funds are appropriated for this purpose. The nongovernmental entity or entities must:

• administer a program of education coordination for foster youth in Washington from birth through grade 12;

• engage in a public-private partnership with DSHS;

• raise a portion of the funds needed for service delivery, administration, and evaluation;

• provide services to support individual youth when referred by a social worker with DSHS or a nongovernmental agency with responsibility for education support services;

• be collocated in DSHS to provide timely consultation and in-service training; and

• report outcomes biannually to DSHS.

To the extent funds are available, DSHS must administer the program and contract with at least one nongovernmental entity to administer a program of education coordination for foster youth. The nongovernmental entities must report outcomes to DSHS biannually.

Foster children must be enrolled automatically in the College Bound Scholarship program with no action necessary by the student or the student's family. DSHS is responsible for forwarding enrollment forms. Foster children may enroll in grades 7-12 or if they are between ages 18 and 21 and have not graduated from high school.

In relation to education records, data, and accountability, DSHS is permitted to share educational records that it receives from schools with those entities with which it has contracted, or with which it is formally collaborating, and that have responsibility for educational support services and outcomes of foster students. DSHS is encouraged to create data-sharing agreements to assure accountability with respect to the disclosure of educational records.

The K-12 Data Governance Group must maintain a comprehensive needs requirement document detailing specific information, technical capacity, and changes to law that might be necessary in order to allow timely sharing of records.

The Superintendent of Public Instruction must report on the implementation status of the state's plan for cross-system collaboration to promote educational stability and improve educational outcomes of foster youth pursuant to the federal Fostering Connections Act, in consultation with DSHS and the Administrative Office of the Courts. The first report is due on December 1, 2012, and annually thereafter through 2015.

Reporting requirements with respect to educational experiences and progress of students in foster care are transferred from the OSPI to the Education Research and Data Center at the Office of Financial Management.

School districts must waive specific courses if similar coursework has been completed or provide reasonable justification for denial. School districts must also work together to facilitate credit acquisition and on-time graduation.

It is recommended that entities with which DSHS contracts or collaborates to provide educational services to foster care children explore models for harnessing technology to keep in constant touch with the students they serve and keep students engaged.

The act is named the Educational Success for Youth and Alumni of Foster Care Act, and there is an effective date of July 1, 2012.

EFFECT OF CHANGES MADE BY HIGHER EDUCATION & WORKFORCE DEVELOPMENT COMMITTEE (Recommended Amendments): The Educational Advocacy Program is removed. The language requiring DSHS to contract with at least one nongovernmental entity to administer a program of education coordinating for foster care youth is moved to a different section in the code. It is clarified that students who are between the ages of 18 and 21 and who have not graduated from high school are eligible for the College Bound Scholarship program.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: The bill takes effect on July 1, 2012.

Staff Summary of Public Testimony as Heard in Committee (Higher Education & Workforce Development): PRO: We are reforming the Passport program by bringing the K-12 and college programs together, giving us one place for accountability and oversight of programs for foster youth. This allows the public sector to do what it does best, which is high-level strategic oversight of hands-on service delivery. Unlike most states that provide high-level scholarships, we have proven that wrap-around services make a difference in graduation, retention, and completion rates. We are reaching out to high school and transfer students to increase pipeline for foster youth. Most alumni of care don’t go to college; 3% of alumni of care graduate from a four-year institution. There are two ways to fix this problem: build a support network and funding. University of Washington (UW) champions provides emergency funds, for rent, food, housing during breaks for alumni of foster care. For K-12, a good public private-partnership exists, and the state contribution is less than one-half of the cost. Educational coordinators help foster parents get services kids need to succeed. Social mobility disappearing in U.S., but passing this bill is one solid step to reversing this trend.

Persons Testifying (Higher Education & Workforce Development): PRO: Representative Carlyle, prime sponsor; Phoebe Anderson, Sharon Cormier, Treehouse; Alexia Everett, College Success Foundation; James Harmon, UW; Rachelle Sharpe, HECB.

Staff Summary of Public Testimony (Ways & Means): None.

Persons Testifying (Ways & Means): No one.