ESHB 1131 -
By Committee on Higher Education
OUT OF ORDER 04/11/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1)(a) The legislature finds that in
Washington, there are more than seven thousand three hundred children
in foster family or group care. These children face unique obstacles
and burdens as they transition to adulthood, including lacking
continuity in their elementary and high school educations. As compared
to the general population of students, twice as many foster care youth
change schools at least once during their elementary and secondary
school careers, and three times as many change schools at least three
times. Only thirty-four percent of foster care youth graduate from
high school within four years, compared to seventy percent for the
general population. Of the former foster care youth who earn a high
school diploma, more than twenty-eight percent earn a GED instead of a
traditional high school diploma. This is almost six times the rate of
the general population. Research indicates that GED holders tend not
to be as economically successful as the holders of traditional high
school diplomas. Only twenty percent of former foster care youth who
earn a high school degree enroll in college, compared to over sixty
percent of the population generally. Of the former foster care youth
who do enroll in college, very few go on to earn a degree. Less than
two percent of former foster care youth hold bachelor's degrees,
compared to twenty-eight percent of Washington's population generally.
(b) Former foster care youth face two critical hurdles to enrolling
in college. The first is a lack of information regarding preparation
for higher education and their options for enrolling in higher
education. The second is finding the financial resources to fund their
education. As a result of the unique hurdles and challenges that face
former foster care youth, a disproportionate number of them are part of
society's large group of marginalized youth and are at increased risk
of continuing the cycle of poverty and violence that frequently plagues
their families.
(c) Former foster care youth suffer from mental health problems at
a rate greater than that of the general population. For example, one
in four former foster care youth report having suffered from
posttraumatic stress disorder within the previous twelve months,
compared to only four percent of the general population. Similarly,
the incidence of major depression among former foster care youth is
twice that of the general population, twenty percent versus ten
percent.
(d) There are other barriers for former foster care youth to
achieving successful adulthood. One-third of former foster care youth
live in households that are at or below the poverty level. This is
three times the rate for the general population. The percentage of
former foster care youth who report being homeless within one year of
leaving foster care varies from over ten percent to almost twenty-five
percent. By comparison, only one percent of the general population
reports having been homeless at sometime during the past year. One in
three former foster care youth lack health insurance, compared to less
than one in five people in the general population. One in six former
foster care youth receive cash public assistance. This is five times
the rate of the general population.
(e) Approximately twenty-five percent of former foster care youth
are incarcerated at sometime after leaving foster care. This is four
times the rate of incarceration for the general population. Of the
former foster care youth who "age out" of foster care, twenty-seven
percent of the males and ten percent of the females are incarcerated
within twelve to eighteen months of leaving foster care.
(f) Female former foster care youth become sexually active more
than seven months earlier than their nonfoster care counterparts, have
more sexual partners, and have a mean age of first pregnancy of almost
two years earlier than their peers who were not in foster care.
(2) The legislature further finds that a court may order a
noncustodial parent to pay for some or all of their children's
reasonable higher education costs. With respect to youth who have been
in the foster care system during their adolescent years, and
particularly with respect to youth who age out of the foster care
system, the state has a duty to these youth that is not less than that
of a noncustodial parent.
(3) The legislature intends to create the passport to college
promise program that will have two primary components, as follows:
(a) Significantly increasing outreach to foster care youth between
the ages of fourteen and eighteen regarding the higher education
opportunities available to them, how to apply to college, and how to
apply for and obtain financial aid; and
(b) Providing financial aid to former foster care youth to assist
with the costs of their public undergraduate college education.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Cost of attendance" means the cost associated with attending
a particular institution of higher education as determined by the
higher education coordinating board, including but not limited to
tuition, fees, room, board, books, personal expenses, and
transportation, plus the cost of reasonable additional expenses
incurred by an eligible student and approved by a financial aid
administrator at the student's school of attendance. For the purposes
of calculating an award under this program, the amount provided for
reasonable additional expenses shall not exceed one thousand dollars
for a student enrolled during a regular three quarter academic year or
its equivalent. This provision is not intended to limit the school's
authority under federal student aid programs to recognize greater
additional expenses or to meet those needs with other resources.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-six;
(b) Has been in foster care in the state of Washington for a
minimum of one year since his or her fourteenth birthday. The higher
education coordinating board and the state board for community and
technical colleges may expand the definition of "eligible student" to
include a student who has been in foster care in the state of
Washington for a minimum of six months since his or her fourteenth
birthday if the boards jointly find that the amount appropriated for
the purposes of this chapter exceeds the amount necessary to carry out
the purposes of this chapter based on the number of eligible students
enrolled at the state's institutions of higher education;
(c) Is a resident student, as defined in RCW 28B.15.012(2);
(d) Has enrolled with or will enroll on at least a half-time basis
with an institution of higher education in Washington state by the age
of twenty-one;
(e) Is making satisfactory progress toward the completion of a
degree or certificate program;
(f) Has not earned a bachelor's or professional degree; and
(g) Is not pursuing a degree in theology.
(3) "Financial need" means the difference between a student's cost
of attendance and the student's total family contribution as determined
by the method prescribed by the United States department of education.
(4) "Independent college or university" means a private, nonprofit
institution of higher education, open to residents of the state,
providing programs of education beyond the high school level leading to
at least the baccalaureate degree, and accredited by the Northwest
association of schools and colleges, and other institutions as may be
developed that are approved by the higher education coordinating board
as meeting equivalent standards as those institutions accredited under
this section.
(5) "Institution of higher education" means:
(a) Any public university, college, community college, or technical
college operated by the state of Washington or any political
subdivision thereof; or
(b) Any independent college or university in Washington; or
(c) Any other university, college, school, or institute in the
state of Washington offering instruction beyond the high school level
that is a member institution of an accrediting association recognized
by rule of the higher education coordinating board for the purposes of
this section: PROVIDED, That any institution, branch, extension, or
facility operating within the state of Washington that is affiliated
with an institution operating in another state must be a separately
accredited member institution of any such accrediting association, or
a branch of a member institution of an accrediting association
recognized by rule of the board for purposes of this section, that is
eligible for federal student financial aid assistance and has operated
as a nonprofit college or university delivering on-site classroom
instruction for a minimum of twenty consecutive years within the state
of Washington, and has an annual enrollment of at least seven hundred
full-time equivalent students.
(6) "Program" means the passport to college promise program created
in this chapter.
NEW SECTION. Sec. 3 The passport to college promise program is
created. The purpose of the program is:
(1) To encourage current and former foster care youth to prepare
for, attend, and successfully complete higher education; and
(2) To provide current and former foster care youth with the
educational planning, information, institutional support, and direct
financial resources necessary for them to succeed in higher education.
NEW SECTION. Sec. 4 (1) Institutions of higher education are
encouraged to recruit and actively assist current and former foster
care youth to attend institutions of higher education. Any institution
of higher education that receives funds under this chapter must provide
enrolled eligible students with comprehensive guidance regarding the
financial aid process.
(2) For fiscal year 2008, the office of financial management shall
allocate the appropriation made for the purposes of this section
between the higher education coordinating board and the state board for
community and technical colleges. The allocation shall be based on and
in proportion to the historical enrollment of former foster care youth
ages sixteen to twenty-six from 2001 to 2006 at the community and
technical colleges in Washington state and at the four-year
institutions of higher education in Washington state. Thereafter, the
office of financial management shall allocate the funds appropriated
for the purposes of this section based on the prior academic year's
enrollments of former foster care youth ages sixteen to twenty-six at
the community and technical colleges and at the four-year institutions
of higher education.
(3) Up to the amount allocated to the state board for community and
technical colleges for the purposes of this section, for every eligible
student enrolled in a community or technical college in this state who
earns forty-five quarter or thirty semester credits, or the equivalent,
from a particular community or technical college, the state board for
community and technical colleges shall award the college three thousand
five hundred dollars. Thereafter, the state board for community and
technical colleges shall award the college an additional two thousand
five hundred dollars for every additional forty-five quarter or thirty
semester credits, or the equivalent, the eligible student earns from
the college, until the student has earned ninety quarter or sixty
semester college credits, or met other certification or training
requirements established by the state board for community and technical
colleges.
(4) Up to the amount allocated to the higher education coordinating
board for the purposes of this section, for every eligible student
enrolled at a four-year institution of higher education who earns
forty-five quarter or thirty semester credits, or the equivalent, from
a particular four-year institution, the higher education coordinating
board shall award the institution three thousand five hundred dollars.
Thereafter, the higher education coordinating board shall award the
institution an additional two thousand five hundred dollars for every
additional forty-five quarter or thirty semester credits, or the
equivalent, the eligible student earns from the institution, until the
student has earned one hundred eighty quarter or one hundred twenty
semester college credits.
NEW SECTION. Sec. 5 (1) Subject to the availability of funds
appropriated for this purpose to the higher education coordinating
board, the purpose of this section is to provide supplemental
scholarships to cover the full, effective, and true cost of attendance
for eligible students' undergraduate higher education. However, in no
instance shall the annual amount of an eligible student's scholarship
under this section exceed the lower of (a) the cost of attendance at
the institution of higher education attended by the student, plus the
cost of reasonable additional expenses incurred by an eligible student
and approved by a financial aid administrator at the student's school
of attendance, or (b) the resident undergraduate cost of attendance at
the University of Washington per academic year for a full-time student,
plus the cost of reasonable additional expenses incurred by an eligible
student and approved by a financial aid administrator at the student's
school of attendance. The amount provided for reasonable additional
expenses under this section shall not exceed one thousand dollars for
every forty-five quarter or thirty semester credits, or the equivalent.
(2) The institution of higher education at which an eligible
student is enrolled shall award the student all available need-based
and merit-based financial aid that the student qualifies for, not
including loans. An eligible student may choose to include work-study
funds in the financial aid package provided by the institution of
higher education.
(3) Subject to the limitation set forth in subsection (1) of this
section, the institution of higher education at which an eligible
student is enrolled shall provide each eligible student with a
supplemental scholarship equal to the difference between the student's
financial need and the amount of financial aid awarded to the student
under subsection (2) of this section.
(4) Each institution of higher education providing supplemental
scholarships under this section shall submit, at least annually, a
request for reimbursement to the higher education coordinating board
for the amount of the supplemental scholarships provided to eligible
students. The higher education coordinating board shall timely
reimburse the individual institutions of higher education for the
amount of the supplemental scholarships from funds appropriated to the
board for this purpose.
(5) A student receiving a scholarship under this section shall meet
the satisfactory academic progress requirements of the student's school
of attendance as monitored by the school's financial aid office.
(6) An eligible student is eligible to receive a scholarship under
this section for a maximum of five years after the student first
enrolls with an institution of higher education or until the student
turns age twenty-six, whichever occurs first. If a student turns age
twenty-six during an academic year, and would otherwise be eligible for
a scholarship under this section, the student shall continue to be
eligible for a scholarship for the remainder of the academic year.
(7) The higher education coordinating board shall perform an annual
analysis to ensure that those institutions of higher education at which
students have received a scholarship under this section during the
previous academic year are in compliance with this section, including
the requirement that other available sources of financial aid be used
before the use of scholarship funds under this section.
(8) To allow institutions of higher education to readily identify
students who may be eligible for a scholarship under this section, all
institutions of higher education shall include on their applications
for undergraduate or relevant admission or on their registration
materials a question asking whether the applicant has been in foster
care in Washington state since his or her fourteenth birthday. An
institution shall not consider whether an applicant may be eligible for
a scholarship under this section when deciding whether the applicant
will be granted admission to the institution.
(9) The higher education coordinating board may adopt rules to
implement this chapter.
NEW SECTION. Sec. 6 (1) The state board for community and
technical colleges, with input from the higher education coordinating
board and institutions of higher education, shall develop and maintain
an internet web site and outreach program to serve as a comprehensive
portal for foster care youth in Washington state to obtain information
regarding higher education including, but not necessarily limited to:
(a) Academic, social, family, financial, and logistical information
important to successful postsecondary educational success;
(b) How and when to obtain and complete college applications;
(c) What college placement tests, if any, are generally required
for admission to college and when and how to register for such tests;
(d) How and when to obtain and complete a federal free application
for federal student aid (FAFSA); and
(e) Detailed sources of financial aid likely available to eligible
former foster care youth, including the financial aid provided by this
chapter.
(2) The state board for community and technical colleges shall
determine whether to design, build, and operate such program and web
site directly or to use, support, and modify existing web sites created
by government or nongovernmental entities for a similar purpose.
NEW SECTION. Sec. 7 (1) The department of social and health
services, with input from the state board for community and technical
colleges, the higher education coordinating board, and institutions of
higher education, shall contract with at least one nongovernmental
entity through a request for proposals process to develop, implement,
and administer a program of supplemental educational transition
planning for youth in foster care in Washington state.
(2) The nongovernmental entity or entities chosen by the department
shall have demonstrated success in working with foster care youth and
assisting foster care youth in successfully making the transition from
foster care to independent adulthood.
(3) The selected nongovernmental entity or entities shall provide
supplemental educational transition planning to foster care youth in
Washington state beginning at age fourteen and then at least every six
months thereafter. The supplemental transition planning shall include:
(a) Comprehensive information regarding postsecondary educational
opportunities including, but not limited to, sources of financial aid,
institutional characteristics and record of support for former foster
care youth, transportation, housing, and other logistical
considerations;
(b) How and when to apply to postsecondary educational programs;
(c) What precollege tests, if any, the particular foster care youth
should take based on his or her postsecondary plans and when to take
the tests;
(d) What courses to take to prepare the particular foster care
youth to succeed at his or her postsecondary plans;
(e) Social, community, educational, logistical, and other issues
that frequently impact college students and their success rates; and
(f) Which web sites, nongovernmental entities, public agencies, and
other foster care youth support providers specialize in which services.
(4) The selected nongovernmental entity or entities shall work
directly with the school counselors at the foster care youths' high
schools to ensure that a consistent and complete transition plan has
been prepared for each foster care youth who emancipates out of the
foster care system in Washington state.
NEW SECTION. Sec. 8 (1) The state board for community and
technical colleges shall monitor and analyze the academic progress of
community and technical college students who receive scholarships under
this chapter and the higher education coordinating board shall monitor
and analyze the academic progress of students enrolled at four-year
institutions of higher education who receive scholarships under this
chapter.
(2) The higher education coordinating board and the state board for
community and technical colleges shall consult with each other and
shall submit a report regarding the number of students who have
received scholarships under this chapter and the academic progress of
those students to the higher education committees of the senate and the
house of representatives by January 15, 2010.
NEW SECTION. Sec. 9 Nothing in this chapter may be construed to:
(1) Guarantee acceptance by, or entrance into, any institution of
higher education; or
(2) Limit the participation of youth, in or formerly in, foster
care in Washington state in any other program of financial assistance
for postsecondary education.
NEW SECTION. Sec. 10 Sections 1 through 9 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 11 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2007, in the omnibus appropriations act, this act
is null and void."
ESHB 1131 -
By Committee on Higher Education
OUT OF ORDER 04/11/2007
On page 1, line 3 of the title, after "purpose;" strike the remainder of the title and insert "adding a new chapter to Title 28B RCW; and creating a new section."