BILL REQ. #:  H-2651.1 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to helping former foster care youth gain postsecondary education and providing scholarships to former foster care youth for this purpose; adding a new chapter to Title 28B RCW; and creating a new section.

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

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 ensure that the entire costs of their public undergraduate college education are paid for.

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.
     (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 six months since his or her fourteenth birthday;
     (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) 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.
     (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 for at least six months 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 shall submit a report regarding the number of community and technical college 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.
     (2) 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, 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 28B RCW.

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.