AB 1058: Community colleges: fee waivers.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-04-17
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester. Existing law requires the board of governors to waive this fee for students meeting prescribed requirements, which include meeting specified minimum academic and progress standards adopted by the board of governors.
This bill would waive the fee for a California resident who meets those standards and, at the time of enrollment, is a ward or former ward of the juvenile court, is or was placed in, or committed to, out-of-home care in connection with that status as a ward or former ward after reaching 16 years of age, and is no older than 25 years of age. The bill would also waive the fee for a foster youth or former foster youth, defined as a person in California whose dependency was established or continued by the court on or after the youths 16th birthday and who is no older than 25 years of age at the commencement of the academic year. To the extent the bill would impose new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community college district governing boards to charge students an enrollment fee of $46 per unit per semester. Existing law requires the board of governors to waive this fee for students meeting prescribed requirements, which include meeting specified minimum academic and progress standards adopted by the board of governors.
This bill would make a nonsubstantive change in a statute relating to the administration of the California Community Colleges by the board of governors. waive the fee for a California resident who meets those standards and, at the time of enrollment, is a ward or former ward of the juvenile court, is or was placed in, or committed to, out-of-home care in connection with that status as a ward or former ward after reaching 16 years of age, and is no older than 25 years of age. To the extent the bill would impose new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state.
This bill would make a nonsubstantive change in a statute relating to the administration of the California Community Colleges by the board of governors.
(a)The governing board of each community college district shall charge each student a fee pursuant to this section.
(b)(1)The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2)The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c)For the purposes of computing apportionments to community college districts pursuant to Section 84750.5, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d)The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e)The fee requirement does not apply to any of the following:
(1)Students enrolled in the noncredit courses designated by Section 84757.
(2)California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3)Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f)The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g)(1)The fee requirements of this section shall be waived for any student who meets both of the following requirements:
(A)Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B)Meets one of the following criteria:
(i)At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii)Demonstrates eligibility according to income standards established by regulations of the board of governors.
(iii)Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(iv)At the time of enrollment, is a homeless youth as defined in subdivision (b) of Section 66025.9.
(v)At the time of enrollment, is a California resident who is a ward or former ward of the juvenile court, is or was placed in, or committed to, out-of-home care in connection with that status as a ward or former ward after reaching 16 years of age, and is no older than 25 years of age.
(vi)At the time of enrollment, is a foster youth or former foster youth, as defined in subdivision (b) of Section 66025.9.
(2)(A)The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i)Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii)Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside his or her control, such as reductions in student support services or changes to the economic situation of the student.
(iii)A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college.
(B)To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3)It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4)It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining his or her fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A)Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B)Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C)A student does not lose fee waiver eligibility unless he or she has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5)The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A)The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B)How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C)The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h)The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i)The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120.
(j)The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1)The dependent was a resident of California on September 11, 2001.
(2)The individual killed in the attacks was a resident of California on September 11, 2001.
(k)A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l)(1)Dependent, for purposes of subdivision (j), is a person who, because of his or her relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2)A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3)A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4)A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m)(1)It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2)From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.
(n)The board of governors shall adopt regulations implementing this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The governing board of each community college district shall charge each student a fee pursuant to this section.
(b)(1)The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year.
(2)The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar.
(c)For the purposes of computing apportionments to community college districts pursuant to Section 84750.5, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section.
(d)The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section.
(e)The fee requirement does not apply to any of the following:
(1)Students enrolled in the noncredit courses designated by Section 84757.
(2)California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California.
(3)Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district.
(f)The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement.
(g)(1)The fee requirements of this section shall be waived for any student who meets all both of the following requirements:
(A)Meets minimum academic and progress standards adopted by the board of governors, which fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B).
(B)Meets one of the following criteria:
(i)At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program.
(ii)Demonstrates eligibility according to income standards established by regulations of the board of governors.
(iii)Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid.
(iv)At the time of enrollment, is a homeless youth as defined in subdivision (b) of Section 66025.9.
(v)At the time of enrollment, is a California resident who is a ward or former ward of the juvenile court, is or was placed in, or committed to, out-of-home care in connection with that status as a ward or former ward after reaching 16 years of age, and is no older than 25 years of age.
(2)(A)The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1):
(i)Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education.
(ii)Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside his or her control, such as reductions in student support services or changes to the economic situation of the student.
(iii)A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume his or her enrollment at a community college.
(B)To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources.
(3)It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1).
(4)It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining his or her fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following:
(A)Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility.
(B)Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect.
(C)A student does not lose fee waiver eligibility unless he or she has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms.
(5)The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following:
(A)The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied.
(B)How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status.
(C)The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2).
(h)The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. Active service of the state, for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code.
(i)The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120.
(j)The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies:
(1)The dependent was a resident of California on September 11, 2001.
(2)The individual killed in the attacks was a resident of California on September 11, 2001.
(k)A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition.
(l)(1)Dependent, for purposes of subdivision (j), is a person who, because of his or her relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).
(2)A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.
(3)A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age.
(4)A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation and Government Claims Board, is also entitled to the waivers provided in this section until January 1, 2013.
(m)(1)It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive.
(2)From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 199293 fiscal year.
(n)The board of governors shall adopt regulations implementing this section.
(o)This section shall become operative on May 1, 2012, only if subdivision (b) of Section 3.94 of the Budget Act of 2011 is operative.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 66700 of the Education Code is amended to read:66700.The California Community Colleges are postsecondary schools and shall continue to be a part of the public school system of this state. The Board of Governors of the California Community Colleges shall prescribe minimum standards for the formation and operation of the California Community Colleges and shall exercise general supervision over the California Community Colleges.The California Community Colleges are postsecondary schools and shall continue to be a part of the public school system of this state. The Board of Governors of the California Community Colleges shall prescribe minimum standards for the formation and operation of the California Community Colleges and shall exercise general supervision over the California Community Colleges.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 26, 2017 | In committee: Held under submission. |
| May 17, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 25). Re-referred to Com. on APPR. |
| Apr 18, 2017 | Re-referred to Com. on HIGHER ED. |
| Apr 17, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 22, 2017 | Re-referred to Com. on HIGHER ED. |
| Mar 21, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 20, 2017 | Referred to Com. on HIGHER ED. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 25, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Children Now | ** Support | Apr 24, 2017 |
| Children's Defense Fund-California | ** Support | Apr 24, 2017 |
| Faculty Association Of California Community Colleges | ** Support | Apr 24, 2017 |
| John Burton Advocates for Youth | ** Support | Apr 24, 2017 |
| Legal Services for Children | ** Support | Apr 24, 2017 |
| National Center for Youth Law | ** Support | Apr 24, 2017 |
| Young Women's Freedom Center | ** Support | Apr 24, 2017 |
| Youth Law Center | * Support | Apr 25, 2017 |
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1058
Author:(Gipson) – As Amended Ver:April 17, 2017
Policy Committee: | Higher Education | Vote: | 9 - 3 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill waives the $46/unit California Community College (CCC) student fee—if the student also meets minimum academic and progress standards adopted by the CCC Board of Governors (BOG) pursuant to current law—for a foster youth or former foster youth students whose dependency was established or continued by the court on or after the youth’s 16th birthday and who is no older than 25 years, or for a California resident who is a ward or former ward of the juvenile court and who is or was placed in out-of-home care in connection with that status after age 16 and who is not older than age 25.
FISCAL EFFECT:
- Approximately $1.9 million General Fund (GF)/Prop 98 to provide the fee waiver to foster youth and former foster youth who meet the parameters in this bill. While over 17,000 foster youth students are registered at CCC, the CCC Chancellor’s Office estimates a very small percentage of these students to qualify. Assuming only 10% of foster youth and former foster youth qualify, at an average of 24 units, cost could be $1.9 million. The number of wards and former wards that would be eligible for a CCC fee waiver under this bill is unknown.
- $50,000 one-time cost and $10,000 on-going in administrative costs to the CCC Chancellor’s Office. The CCC Chancellor’s Office will have to provide outreach and education about the grant to staff, counselors, administrators and students.
- This bill would also require additional data fields and forms to collect information to identify students. Updated systems for financial aid, cashiering, and accounting will be necessary. Costs to update CCC systems could be $2 million statewide.
COMMENTS:
- Background and Purpose. Most youth in the juvenile justice system in California, particularly those who are detained out-of-home, come into contact with the juvenile court school system. Youth may attend court schools while detained in a juvenile hall awaiting adjudication or disposition, after commitment to a local juvenile hall, camp or ranch facility, or while placed under the supervision of probation in the community in a group home or other placement. In 2014, California recorded 86,823 juvenile arrests, 51,645 juvenile court dispositions and 47,655 students enrolled in juvenile court schools. Juvenile court schools are operated by County Offices of Education (COEs) in juvenile halls, camps, ranches, large group homes and other settings to provide an educational placement for students in the juvenile court system.
Current state law provides a BOG fee waiver for homeless youth. Federal law also gives foster youth automatic independent status for purposes of qualifying for federal financial aid, and the same criteria is applied for eligibility for state financial aid, yet current state law does not provide a similar fee waiver opportunity for youth with juvenile justice system involvement who are equally vulnerable to poor long-term outcomes and who face similar barriers to higher education. In addition, although having automatic independent status for the purposes of qualifying for financial aid ensures fee waiver eligibility for most foster youth, it does not ensure this eligibility for all foster youth.
The number of wards and former wards that would be eligible for a CCC fee waiver under this bill is unknown. However, most youth within the juvenile justice system likely already qualify for CCC fee waivers based on established income standards, as more than 87% of students in juvenile justice court schools come from low socioeconomic backgrounds. Moreover, many wards and former wards are also foster youth, and some are homeless youth. There are currently over 3,000 probation-supervised foster youth (termed "dual-involved") in the state. As for foster youth, about 17,000 were enrolled at the CCC in the Fall 2016 semester, and the vast majority likely met the income test to qualify for a fee waiver.
According to the author, youth who attend juvenile justice court schools are far more likely to enter the adult criminal justice system than to enroll in college or to be gainfully employed as young adults—contrary to the rehabilitative goals of the juvenile justice system. In 2011-12, only 1.1% of youth who had attended juvenile justice court schools were accepted to or enrolled in postsecondary education within 30 days of release from detention, and only 7.4% were enrolled in a job training program in that period. Research shows, however, that enrollment in school and academic achievement are associated with lower rates of reoffending and better outcomes that last into adulthood.
- Related Legislation. AB 19 (Santiago) provides a fee waiver for every newly-enrolled CCC student for one academic year, providing they attend full time by taking at least 12 units per semester. The bill is currently in this Committee’s Suspense.
AB 1567 (Holden) requires the California State University and the CCC to provide information to identified current and former foster youth about available student assistance programs and financial aid. The bill is pending a hearing in this committee.
Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081
Date of Hearing: April 25, 2017
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 1058 (
Author:Gipson) – As Amended Ver:April 17, 2017
SUBJECT: Community colleges
SUMMARY: Waives the $46/unit California Community College (CCC) student fee—providing the student also meets minimum academic and progress standards adopted by the CCC Board of Governors (BOG) pursuant to current law—for a student, who at the time of enrollment is:
- A foster youth or former foster youth whose dependency was established or continued by the court on or after the youth’s 16th birthday and who is no older than 25 years of age at the commencement of the academic year, or
- A California resident who is a ward or former ward of the juvenile court and who is or was placed in out-of-home care in connection with that status after age 16 and who is no older than age 25.
EXISTING LAW:
- States, except as provided, any person who is under the age of 18 when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court. (Welfare & Institutions Code Section 602(a).)
- Establishes juvenile court schools, administered by county boards of education, to provide public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities or in any group home housing 25 or more youth. (Education Code (EC) Sect. 48645 et seq.)
- Establishes a $46/unit fee for students at the CCC. (EC Sect. 76300(b).)
- Provides for a waiver of fees for certain types of students, including (a) students enrolled in specified public benefit programs, (b) homeless students, (c) those with household incomes below certain thresholds established by the BOG or with demonstrated financial need, pursuant to federal law. Students described in one of (a) through (c) who fail to meet minimum academic and performance standards established by the BOG, for no less than two consecutive primary academic terms (fall and spring semesters or the equivalent), become ineligible for the fee waiver. (EC Sect. 76300(g).)
- Provides funding through state apportionments, pursuant to provisional language in the annual budget act, to offset districts' loss of fee revenue due to the BOG fee waiver.
- Requires the California State University (CSU) and each community college district, and requests the University of California, when administering a priority enrollment system, to grant priority in that system for registration for enrollment to a foster youth or former foster youth, defined as a person whose dependency was established or continued by the court on or after the youth's 16th birthday and who is no older than 25 years of age at the commencement of the academic year. (EC Sect. 66025.9.)
FISCAL EFFECT: Unknown.
COMMENTS:
Background. Most youth in the juvenile justice system in California, particularly those who are detained out-of-home, come into contact with the juvenile court school system. Youth may
attend court schools while detained in a juvenile hall awaiting adjudication or disposition, after commitment to a local juvenile hall, camp or ranch facility, or while placed under the supervision of probation in the community in a group home or other placement. In 2014, California recorded 86,823 juvenile arrests, 51,645 juvenile court dispositions and
47,655 students enrolled in juvenile court schools. Juvenile court schools are operated by County Offices of Education (COEs) in juvenile halls, camps, ranches, large group homes
and other settings to provide an educational placement for students in the juvenile court system.
Purpose. According to the author, youth who attend juvenile justice court schools are far more likely to enter the adult criminal justice system than to enroll in college or to be gainfully employed as young adults—contrary to the rehabilitative goals of the juvenile justice system. In 2011-12, only 1.1% of youth who had attended juvenile justice court schools were accepted to or enrolled in postsecondary education within 30 days of release from detention, and only 7.4% were enrolled in a job training program in that period. Research shows, however, that enrollment in school and academic achievement are associated with lower rates of reoffending and better outcomes that last into adulthood.
Current state law provides a BOG fee waiver for homeless youth. Federal law also gives foster youth automatic independent status for purposes of qualifying for federal financial aid, and the same criteria is applied for eligibility for state financial aid, yet current state law does not provide a similar fee waiver opportunity for youth with juvenile justice system involvement who are equally vulnerable to poor long-term outcomes and who face similar barriers to higher education. In addition, although having automatic independent status, for the purposes of qualifying for financial aid, ensures fee waiver eligibility for most foster youth, it does not ensure this eligibility for all foster youth.
The number of wards and former wards that would be eligible for a CCC fee waiver under this bill is unknown. (Based on information from the Attorney General's report "Juvenile Justice in California, 2015," about 5,000 wards age 16 and older were placed in an out-of-home facility during that year.) However, most youth within the juvenile justice system likely already qualify for CCC fee waivers based on established income standards, as more than 87% of students in juvenile justice court schools come from low socioeconomic backgrounds. Moreover, many wards and former wards are also foster youth, and some are homeless youth. There are currently over 3,000 probation-supervised foster youth (termed "dual-involved") in the state. As for foster youth, about 17,000 were enrolled at the CCC in the Fall 2016 semester, and the vast majority likely met the income test to qualify for a fee waiver.
AB 1299 eliminates one potential administrative barrier to these students between ages 16 and 25, simply by making their status as wards/former wards or current or former foster youth an eligibility criterion for BOG fee waivers.
This bill is sponsored by the Youth Law Center and has no known opposition.
Related Legislation.
- AB 19 (Santiago), pending in Assembly Appropriations, provides a fee waiver for every newly-enrolled CCC student for one academic year, providing they attend full time by taking at least 12 units per semester.
- AB 1567 (Holden), pending in Assembly Human Services, requires CSU and the CCC to provide information to identified current and former foster youth about available student assistance programs and financial aid.
Prior Legislation.
- AB 801 (Bloom), Chapter 432, Statutes of 2016, provided a BOG fee waiver to homeless youth, as defined.
- SB 1023 (Liu), Chapter 771, Statutes of 2014, authorized the CCC Chancellor’s Office to enter into agreements with up to 10 CCC districts to establish the Cooperating Agencies Foster Youth Educational Support program in order to provide additional funds for services in support of postsecondary education for foster youth. The 2015-16 Budget Act provided up to $15 million for this purpose.
REGISTERED SUPPORT / OPPOSITION:
Support
Associated Students Inc., San Fransciso State University: Project Rebound
Children Now
Children's Defense Fund-California
Faculty Association of California Community Colleges
John Burton Advocates for Youth
Legal Services for Children
National Center for Youth Law
Youth Law Center (Sponsor)
Young Women's Freedom Center
Opposition
None on file.
Analysis Prepared by: Chuck Nicol / HIGHER ED. / (916) 319-3960
Discussed in Hearing
1H
Assembly Standing Committee on Appropriations
11MIN
Assembly Standing Committee on Higher Education
11MIN
Assembly Standing Committee on Higher Education
Bill Author
Bill Co-Author(s):