SHB 2254 -
By Committee on Higher Education & Workforce Development
ADOPTED 02/28/2012
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 In 2007, with the passport to college
promise program, this state took a significant step toward providing
higher education opportunities to youth in and alumni of foster care.
The passport to college promise program not only provides financial aid
to former foster youth but, just as important, it also recognizes the
critical role of wraparound services and provides early outreach to
foster care youth regarding postsecondary educational opportunities.
The December 2011 report by the higher education coordinating board on
the first three years of the six-year program indicates that the
passport to college promise program has increased the number of former
foster youth enrolling in higher education and working toward college
degrees and certificates.
This state recognizes that educational success in the early grades
is key to increasing postsecondary opportunities for youth in and
alumni of foster care. Recent efforts in this state to pave the way
for educational success have included legislation: Providing for
wraparound educational advocacy services; mandating the timely
transmission of educational records; and recognizing the importance of
maintaining a foster child in the school program he or she was in
before entering the foster care system and minimizing the number of
times a child has to change schools.
The federal fostering connections to success and increasing
adoptions act of 2008, P.L. 110-351, similarly recognizes that schools
are often the most important source of focus and stability for children
in foster care and made several changes to improve educational outcomes
for these children. As part of this nationwide effort, the United
States departments of education and health and human services are
encouraging state and local education agencies and child welfare
agencies to collaborate on policies and procedures to provide
educational stability and improve outcomes for foster children.
The legislature reiterates its earlier recognition of the critical
role education plays in improving outcomes for youth in and alumni of
foster care, as well as the key role played by wraparound services in
providing continuity, seamless educational transitions, and higher
levels of educational attainment. With these changes to the passport
to college promise program, the college bound scholarship program, the
provision of more seamless wraparound services, and revisions to
various reporting requirements, the legislature strives to make
Washington the leader in the nation with respect to foster youth and
alumni graduating from high school, enrolling in postsecondary
education, and completing postsecondary education.
Sec. 2 RCW 28B.117.010 and 2007 c 314 s 3 are each amended to
read as follows:
The passport to college promise ((pilot)) 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 improve the high school graduation outcomes of foster youth
through coordinated P-20 and child welfare outreach, intervention, and
planning; and
(3) To ((provide)) improve postsecondary outcomes by providing
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.
Sec. 3 RCW 28B.117.020 and 2011 1st sp.s. c 11 s 220 are each
amended to read as follows:
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
office, 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) (("Emancipated from foster care" means a person who was a
dependent of the state in accordance with chapter 13.34 RCW and who was
receiving foster care in the state of Washington when he or she reached
his or her eighteenth birthday.)) "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.
(3)
(((4))) (3) "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 board as meeting
equivalent standards as those institutions accredited under this
section.
(((5))) (4) "Institution of higher education" means((:)) any institution eligible to and
participating in the state need grant program.
(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))) (5) "Office" means the office of student financial
assistance.
(((7))) (6) "Program" means the passport to college promise
((pilot)) program created in this chapter.
Sec. 4 RCW 28B.117.040 and 2011 1st sp.s. c 11 s 222 are each
amended to read as follows:
Effective operation of the passport to college promise ((pilot))
program requires early and accurate identification of former foster
care youth so that they can be linked to the financial and other
assistance that will help them succeed in college. To that end:
(1) All institutions of higher education that receive funding for
student support services under RCW 28B.117.030 shall include on their
applications for admission or on their registration materials a
question asking whether the applicant has been in foster care in
Washington state for at least one year since his or her sixteenth
birthday together with an explanation that financial and support
services may be available. All other institutions of higher education
are strongly encouraged to include such a question and explanation. No
institution may consider whether an applicant may be eligible for a
scholarship or student support services under this chapter when
deciding whether the applicant will be granted admission.
(2) The department of social and health services shall devise and
implement procedures for efficiently, promptly, and accurately
identifying students and applicants who are eligible for services under
RCW 28B.117.030, and for sharing that information with the office and
with institutions of higher education. The procedures shall include
appropriate safeguards for consent by the applicant or student before
disclosure.
Sec. 5 RCW 28B.117.070 and 2011 1st sp.s. c 11 s 225 are each
amended to read as follows:
(((1) The office of student financial assistance shall report to
appropriate committees of the legislature by January 15, 2008, on the
status of program design and implementation. The report shall include
a discussion of proposed scholarship and student support service
approaches; an estimate of the number of students who will receive such
services; baseline information on the extent to which former foster
care youth who meet the eligibility criteria in RCW 28B.117.030 have
enrolled and persisted in postsecondary education; and recommendations
for any statutory changes needed to promote achievement of program
objectives.)) The Washington state institute for public policy shall
complete an evaluation of the passport to college promise ((
(2) The state board for community and technical colleges and the
office of student financial assistance shall monitor and analyze the
extent to which eligible young people are increasing their
participation, persistence, and progress in postsecondary education,
and shall jointly submit a report on their findings to appropriate
committees of the legislature by December 1, 2009, and by December 1,
2011.
(3)pilot))
program and shall submit a report to appropriate committees of the
legislature by December 1, 2012. The report shall estimate the impact
of the program on eligible students' participation and success in
postsecondary education, and shall include recommendations for program
revision and improvement.
NEW SECTION. Sec. 6 A new section is added to chapter 74.13 RCW
to read as follows:
(1) To the extent funds are appropriated for this purpose, the
department must contract with at least one nongovernmental entity to
administer a program of education coordination for youth who are
dependent pursuant to chapter 13.34 RCW, birth through twelfth grade in
Washington state. The selected nongovernmental entity or entities must
engage in a public-private partnership with the department and are
responsible for raising a portion of the funds needed for service
delivery, administration, and evaluation.
(2) The nongovernmental entity or entities selected by the
department must have demonstrated success in working with foster care
youth and assisting foster care youth in receiving appropriate
educational services, including enrollment, accessing school-based
services, reducing out-of-school discipline interventions, and
attaining high school graduation.
(3) The selected nongovernmental entity or entities must provide
services to support individual youth upon a referral by a social worker
with the department or a nongovernmental agency with responsibility for
education support services. The selected nongovernmental entity or
entities must be colocated in the offices of the department to provide
timely consultation and in-service training. These entities must have
access to all paper and electronic case information pertinent to the
educational planning and services of youth referred and are subject to
RCW 13.50.010 and 13.50.100.
(4) The selected nongovernmental entity or entities must report
outcomes biannually to the department.
NEW SECTION. Sec. 7 A new section is added to chapter 28A.320
RCW to read as follows:
In order to facilitate the on-time grade level progression and
graduation of students who are dependent pursuant to chapter 13.34 RCW,
school districts must incorporate the following procedures:
(1) School districts must waive specific courses required for
graduation if similar coursework has been satisfactorily completed in
another school district or must provide reasonable justification for
denial. Should a waiver not be granted to a student who would qualify
to graduate from the sending school district, the receiving school
district must use best efforts to provide an alternative means of
acquiring required coursework so that graduation may occur on time.
(2) School districts are encouraged to consolidate unresolved or
incomplete coursework and provide opportunities for credit accrual
through local classroom hours, correspondence courses, or the portable
assisted study sequence units designed for migrant high school
students.
(3) Should a student who is transferring at the beginning or during
the student's junior or senior year be ineligible to graduate from the
receiving school district after all alternatives have been considered,
the sending and receiving districts must ensure the receipt of a
diploma from the sending district if the student meets the graduation
requirements of the sending district.
Sec. 8 RCW 28B.118.010 and 2011 1st sp.s. c 11 s 226 are each
amended to read as follows:
The office of student financial assistance shall design the
Washington college bound scholarship program in accordance with this
section.
(1) "Eligible students" are those students who:
(a) Qualify for free or reduced-price lunches. If a student
qualifies in the seventh grade, the student remains eligible even if
the student does not receive free or reduced-price lunches thereafter;
or
(b) Are dependent pursuant to chapter 13.34 RCW and:
(i) In grade seven through twelve; or
(ii) Are between the ages of eighteen and twenty-one and have not
graduated from high school.
(2) Eligible students shall be notified of their eligibility for
the Washington college bound scholarship program beginning in their
seventh grade year. Students shall also be notified of the
requirements for award of the scholarship.
(3)(a) To be eligible for a Washington college bound scholarship,
a student eligible under subsection (1)(a) of this section must sign a
pledge during seventh or eighth grade that includes a commitment to
graduate from high school with at least a C average and with no felony
convictions. ((Students who were in the eighth grade during the 2007-08 school year may sign the pledge during the 2008-09 school year.))
The pledge must be witnessed by a parent or guardian and forwarded to
the office of student financial assistance by mail or electronically,
as indicated on the pledge form.
(b) A student eligible under subsection (1)(b) of this section
shall be automatically enrolled, with no action necessary by the
student or the student's family, and the enrollment form must be
forwarded by the department of social and health services to the higher
education coordinating board or its successor by mail or
electronically, as indicated on the form.
(4)(a) Scholarships shall be awarded to eligible students
graduating from public high schools, approved private high schools
under chapter 28A.195 RCW, or who received home-based instruction under
chapter 28A.200 RCW.
(b) To receive the Washington college bound scholarship, a student
must graduate with at least a "C" average from a public high school or
an approved private high school under chapter 28A.195 RCW in Washington
or have received home-based instruction under chapter 28A.200 RCW, must
have no felony convictions, and must be a resident student as defined
in RCW 28B.15.012(2) (a) through (d).
(5) A student's family income will be assessed upon graduation
before awarding the scholarship.
(6) If at graduation from high school the student's family income
does not exceed sixty-five percent of the state median family income,
scholarship award amounts shall be as provided in this section.
(a) For students attending two or four-year institutions of higher
education as defined in RCW 28B.10.016, the value of the award shall be
(i) the difference between the student's tuition and required fees,
less the value of any state-funded grant, scholarship, or waiver
assistance the student receives; (ii) plus five hundred dollars for
books and materials.
(b) For students attending private four-year institutions of higher
education in Washington, the award amount shall be the representative
average of awards granted to students in public research universities
in Washington.
(c) For students attending private vocational schools in
Washington, the award amount shall be the representative average of
awards granted to students in public community and technical colleges
in Washington.
(7) Recipients may receive no more than four full-time years' worth
of scholarship awards.
(8) Institutions of higher education shall award the student all
need-based and merit-based financial aid for which the student would
otherwise qualify. The Washington college bound scholarship is
intended to replace unmet need, loans, and, at the student's option,
work-study award before any other grants or scholarships are reduced.
(9) The first scholarships shall be awarded to students graduating
in 2012.
(10) The state of Washington retains legal ownership of tuition
units awarded as scholarships under this chapter until the tuition
units are redeemed. These tuition units shall remain separately held
from any tuition units owned under chapter 28B.95 RCW by a Washington
college bound scholarship recipient.
(11) The scholarship award must be used within five years of
receipt. Any unused scholarship tuition units revert to the Washington
college bound scholarship account.
(12) Should the recipient terminate his or her enrollment for any
reason during the academic year, the unused portion of the scholarship
tuition units shall revert to the Washington college bound scholarship
account.
Sec. 9 RCW 28A.150.510 and 2008 c 297 s 5 are each amended to
read as follows:
(1) In order to effectively serve students who are dependent
pursuant to chapter 13.34 RCW, education records shall be transmitted
to the department of social and health services within two school days
after receiving the request from the department provided that the
department certifies that it will not disclose to any other party the
education records without prior written consent of the parent or
student unless authorized to disclose the records under state law. The
department of social and health services is authorized to disclose
education records it obtains pursuant to this section to a foster
parent, guardian, or other entity authorized by the department to
provide residential care to the student. The department is also
authorized to disclose educational records it obtains pursuant to this
section to those entities with which it has contracted, or with which
it is formally collaborating, having responsibility for educational
support services and educational outcomes of students who are dependent
pursuant to chapter 13.34 RCW. The department is encouraged to put in
place data-sharing agreements to assure accountability.
(2)(a) The K-12 data governance group established under RCW
28A.300.507 shall create a comprehensive needs requirement document
detailing the specific information, technical capacity, and any federal
and state statutory and regulatory changes needed by school districts,
the office of the superintendent of public instruction, the department
of social and health services, or the higher education coordinating
board or its successor, to enable the provision, on at least a
quarterly basis, of:
(i) Current education records of students who are dependent
pursuant to chapter 13.34 RCW to the department of social and health
services and, from the department, to those entities with which the
department has contracted, or with which it is formally collaborating,
having responsibility for educational support services and educational
outcomes; and
(ii) The names and contact information of students who are
dependent pursuant to chapter 13.34 RCW and are thirteen years or older
to the higher education coordinating board or its successor and the
private agency with which it has contracted to perform outreach for the
passport to college promise program under chapter 28B.117 RCW or the
college bound scholarship program under chapter 28B.118.RCW.
(b) In complying with (a) of this subsection, the K-12 data
governance group shall consult with: Educational support service
organizations, with which the department of social and health services
contracts or collaborates, having responsibility for educational
support services and educational outcomes of dependent students; the
passport to college advisory committee; the education support service
organizations under contract to perform outreach for the passport to
college promise program under chapter 28B.117 RCW; the department of
social and health services; the office of the attorney general; the
higher education coordinating board or its successor; and the office of
the administrator for the courts.
(c) By December 1, 2012, the superintendent of public instruction
shall submit a report to the governor and the appropriate committees of
the legislature regarding: The analysis of needs by the K-12 data
governance group; a timeline for addressing those needs for which no
statutory changes are necessary and that can be implemented within
existing resources; and recommended options for addressing identified
needs for which statutory changes, additional funding, or both, are
necessary.
NEW SECTION. Sec. 10 A new section is added to chapter 28A.300
RCW to read as follows:
By December 1, 2012, and on an annual basis through December 1,
2015, the superintendent of public instruction, in consultation with
the department of social and health services and the office of the
administrator for the courts, shall submit a report to the governor and
the appropriate committees of the legislature regarding the content and
implementation status of the state's plan for cross-system
collaboration to promote educational stability and improve educational
outcomes for foster children pursuant to the requirements of the
federal fostering connections to success and increasing adoptions act,
P.L. 110-351. The annual report must include, but is not limited to,
information regarding:
(1) A description of the process used to determine students' best
interest in continued enrollment at the school the student was in at
the time of initial placement or change of placement;
(2) The number of days, following initial placement or change of
placement, to resume school at the school the student was in at the
time of initial placement or change of placement or complete new school
enrollment and attend at a new school;
(3) The number of days from request to delivery of school records
from the sending school to the receiving school; and
(4) Documentation of a plan and use of federal title IV-E dollars
to support transportation for educational continuity as envisioned in
the federal fostering connections to success and increasing adoptions
act, P.L. 110-351.
Sec. 11 RCW 28A.300.525 and 2008 c 297 s 2 are each amended to
read as follows:
The ((superintendent of public instruction)) education data center
shall ((provide an annual aggregate report to the legislature on))
include in its reporting as part of the P-20 education data project the
educational experiences and progress of students in children's
administration out-of-home care. This data should be disaggregated in
the smallest units allowable by law that do not identify an individual
student, in order to learn which school districts are experiencing the
greatest success and challenges in achieving quality educational
outcomes with students in children's administration out-of-home care.
NEW SECTION. Sec. 12 The legislature strongly recommends that
the entities with which the department of social and health services
contracts or collaborates to provide educational support services and
educational outcomes for students who are dependent under chapter 13.34
RCW and the private agency under contract with the higher education
coordinating board or its successor to perform outreach for the
passport to college promise program under chapter 28B.117 RCW and the
college bound scholarship program under chapter 28B.118 RCW explore
models for harnessing technology to keep in constant touch with the
students they serve and keep these students engaged.
Sec. 13 RCW 28B.117.901 and 2007 c 314 s 10 are each amended to
read as follows:
This chapter expires June 30, ((2013)) 2022.
NEW SECTION. Sec. 14 This act may be known and cited as the
educational success for youth and alumni of foster care act.
NEW SECTION. Sec. 15 This act takes effect July 1, 2012."
SHB 2254 -
By Committee on Higher Education & Workforce Development
ADOPTED 02/28/2012
On page 1, line 2 of the title, after "care;" strike the remainder of the title and insert "amending RCW 28B.117.010, 28B.117.020, 28B.117.040, 28B.117.070, 28B.118.010, 28A.150.510, 28A.300.525, and 28B.117.901; adding a new section to chapter 74.13 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.300 RCW; creating new sections; providing an effective date; and providing an expiration date."
EFFECT: Removes the Educational Advocacy Program.
Moves the language requiring DSHS to contract with at least one
nongovernmental entity to administer a program of education
coordinating for foster care youth to a different section in the code.
Clarifies that students who are between the ages of eighteen and
twenty-one and who have not graduated from high school are eligible for
the College Bound Scholarship program.