(1)The Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. The program prohibits a student who is incarcerated from being eligible to receive a Cal Grant award.

This bill would repeal that prohibition and make conforming changes.

(2)This bill would incorporate additional changes to Section 69433.9 of the Education Code proposed by SB 296 to be operative only if this bill and SB 296 are enacted and this bill is enacted last.

The Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. The program prohibits a student who is incarcerated from being eligible to receive a Cal Grant award.

This bill would repeal that prohibition and make conforming changes.

 VETO  

Bill No: SB 575

Author: Bradford (D), et al.

Amended: 9/5/19

Vote: 27

SENATE EDUCATION COMMITTEE: 6-0, 4/10/19

AYES: Leyva, Wilk, Durazo, Glazer, McGuire, Pan

NO VOTE RECORDED: Chang

SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/16/19

AYES: Portantino, Bradford, Hill, Jones, Wieckowski

NO VOTE RECORDED: Bates

SENATE FLOOR: 35-2, 5/21/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NOES: Morrell, Stone

NO VOTE RECORDED: Moorlach

SENATE FLOOR: 38-1, 9/11/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

NOES: Morrell

NO VOTE RECORDED: Moorlach

ASSEMBLY FLOOR: 65-5, 9/9/19 - See last page for vote

SUBJECT: Cal Grants: student eligibility

SOURCE: Author

DIGEST:

This bill deletes provisions that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.

ANALYSIS:

Existing law:

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission, to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs and eligibility is based upon financial need, GPA, California residency and other criteria. (Education Code § 69430 - 69433)
2. Establishes eligibility criteria for the Cal Grant program. Among other things, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements and not be incarcerated. In addition, the individual, at the time of high school graduation or its equivalent, is required to be a resident of California. (EC § 69433.9)
3. Provides that students who are incarcerated in a federal or state penal institution are not eligible to receive Federal Pell Grant funds. In 2015, under the experimental sites authority, the U.S. Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants. (Higher Education Act § 487A(b) and 401(b)(6))

This bill:

1. Deletes provisions that prohibits a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.
2. Adds double-jointing language to resolve chaptering issues with SB 296 (Allen, 2019), which was vetoed.

Comments

1. Need for the bill. According to the author, “Current law regarding Cal Grant eligibility is outdated as it automatically disqualifies a student who is incarcerated from accessing the program. Due to this, access to postsecondary education opportunities for incarcerated students are extremely limited. Correctional populations are over-represented with individuals having below average levels of educational attainment.”

“Expanding Cal Grant eligibility to those who are incarcerated affords them an opportunity to begin the reintegration process prior to community reentry.”

“Ultimately, this bill aligns with the state’s goal to improve rehabilitation and increase public safety, while also helping ensure that all students have equal access to post-secondary education. There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance.”

1. College students in Prison or jail. According to a report by Corrections to College California, “Don’t Stop Now,” face-to-face community college enrollment inside California Department of Corrections and Rehabilitation rose from zero in 2014 to 4,443 students in fall 2017. For face-to-face enrollment, that is more than any other state. California Community Colleges teach face-to-face transferable degree-building college courses in 34 of the state’s 35 prisons. Both California State University (CSU) and University of California have on-campus support programs for formerly incarcerated students and at least two CSU campuses offer face-to-face baccalaureate completion programs in the state prison system. Presumably, those enrolled in these programs could be eligible for the proposed financial benefit.
2. The Second Chance Pell (SCP) Experimental Sites Initiative. Under federal law, incarcerated individuals are eligible for federal financial aid under the second chance Pell pilot. The objective of the program is to examine how providing Pell Grants to incarcerated students influences their participation in educational opportunities and academic outcomes. For federal student aid purposes a penal institution is a facility that confines an individual as a result of being convicted for a crime. This pilot program was established in 2015 and of the 67 colleges originally selected for participation, three were California colleges—Cuesta College, Chaffey College and California State University, Los Angeles. Current award rules preclude students who are incarcerated in federal or state penal institutions from receiving Federal Pell Grants. Pell pilot waives the section of the Higher Education Act that prohibits otherwise eligible students from receiving a Pell Grant if they are incarcerated in a federal or state penal institution. The experiment does not waive any of the requirements for program eligibility determination. In addition to meeting requirements for Pell, a student must be eligible for release into the community and must be able to complete their program post release.

Under this bill, presumably an individual that is ineligible for release may access the Cal Grant program. Given that the federal pilot program limits Pell award eligible to those who are eligible for release into the community should a similar restriction be imposed for purposes of the Cal Grant program?

1. What would cost of attendance for an incarcerated student include? Considered in the computation for determining eligibility and award amounts for federal and state aid programs is one’s total cost of college attendance, which includes housing and transportation expenses. For purposes of the second chance Pell program, federal law provides that the cost of attendance for incarcerated students is limited to tuition and fees and, if required, books and supplies. Presumably, the same costs would be applied for the determination of the Cal Grant award for an incarcerated student.
2. General population and Cal Grant benefits. This bill establishes that incarcerated individuals would receive the outlined educational benefit to the same extent as the general population. Members of the general population would be eligible to apply for Cal Grants only to the extent that they meet statutory California residency requirements. Members of the general population are required to meet all deadlines and rules for financial aid as is required of the general student population. These same standard/requirements would apply to incarcerated students.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

• Unknown General Fund costs, potentially in the thousands to hundreds of thousands of dollars annually, to provide Cal Grant entitlement awards to incarcerated individuals attending college or university.
• Minor and absorbable General Fund costs to the CSAC to administer the Cal Grant program to incarcerated individuals

SUPPORT: (Verified 10/30/19)

A New Way of Life Re-Entry Project

American Academy Of Pediatrics, California

Anti-Recidivism Coalition

Compton College

Corrections to College California

Drug Policy Alliance

East Los Angeles College

Ella Baker Center for Human Rights

Fair Chance Project

GRIP Training Institute/Insight-Out

Imperial Valley College

National Association of Social Workers, California Chapter

Project Rebound Consortium, California State University, Fullerton

Riverside Community College District

San Jose Evergreen College

San Jose-Evergreen Community College District

Santiago Canyon College

South Orange County Community College District

University of California Student Association

West Hills College Coalinga

Western Center on Law and Poverty

OPPOSITION: (Verified 10/30/19)

None received

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 575 without my signature.

This bill would authorize incarcerated individuals to be eligible for Cal Grant awards for postsecondary education.

Expanding access to higher education for incarcerated students is the right thing to do. Currently, many incarcerated students currently receive higher education at no cost through the California Community Colleges. Only a very small population would benefit from this bill because of the limited amount of Cal Grant competitive awards available and the age cap on that program of twenty-eight.

I am committed to taking steps to substantially expand access to higher education opportunities for incarcerated students in a thoughtful and more universal way, and will consider options in the context of the budget process.

ASSEMBLY FLOOR: 65-5, 9/9/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooley, Daly, Eggman, Flora, Fong, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NOES: Bigelow, Cunningham, Diep, Melendez, Obernolte

NO VOTE RECORDED: Choi, Cooper, Frazier, Gallagher, Gipson, Maienschein, Patterson, Petrie-Norris, Ramos

Prepared by: Olgalilia Ramirez / ED. /

11/4/19 10:45:58

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 575

Author: Bradford (D), et al.

Amended: 9/5/19

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 4/10/19

AYES: Leyva, Wilk, Durazo, Glazer, McGuire, Pan

NO VOTE RECORDED: Chang

SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/16/19

AYES: Portantino, Bradford, Hill, Jones, Wieckowski

NO VOTE RECORDED: Bates

SENATE FLOOR: 35-2, 5/21/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NOES: Morrell, Stone

NO VOTE RECORDED: Moorlach

ASSEMBLY FLOOR: 65-5, 9/9/19 - See last page for vote

SUBJECT: Cal Grants: student eligibility

SOURCE: Author

DIGEST:

This bill deletes provisions that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.

Assembly Amendments

add double-jointing language to resolve chaptering issues with SB 296 (Allen).

ANALYSIS:

Existing law:

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission, to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs and eligibility is based upon financial need, GPA, California residency and other criteria. (Education Code § 69430 - 69433)
2. Establishes eligibility criteria for the Cal Grant program. Among other things, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements and not be incarcerated. In addition, the individual, at the time of high school graduation or its equivalent, is required to be a resident of California. (EC § 69433.9)
3. Provides that students who are incarcerated in a federal or state penal institution are not eligible to receive Federal Pell Grant funds. In 2015, under the experimental sites authority, the U.S. Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants. (Higher Education Act § 487A(b) and 401(b)(6))

This bill:

1. Deletes provisions that prohibits a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.
2. Adds double-jointing language to resolve chaptering issues with SB 296 (Allen).

Comments

1. Need for the bill. According to the author, “Current law regarding Cal Grant eligibility is outdated as it automatically disqualifies a student who is incarcerated from accessing the program. Due to this, access to postsecondary education opportunities for incarcerated students are extremely limited. Correctional populations are over-represented with individuals having below average levels of educational attainment.”

“Expanding Cal Grant eligibility to those who are incarcerated affords them an opportunity to begin the reintegration process prior to community reentry.”

“Ultimately, this bill aligns with the state’s goal to improve rehabilitation and increase public safety, while also helping ensure that all students have equal access to post-secondary education. There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance.”

1. College students in Prison or jail. According to a report by Corrections to College California, “Don’t Stop Now,” face-to-face community college enrollment inside California Department of Corrections and Rehabilitation rose from zero in 2014 to 4,443 students in fall 2017. For face-to-face enrollment, that is more than any other state. California Community Colleges teach face-to-face transferable degree-building college courses in 34 of the state’s 35 prisons. Both California State University (CSU) and University of California have on-campus support programs for formerly incarcerated students and at least two CSU campuses offer face-to-face baccalaureate completion programs in the state prison system. Presumably, those enrolled in these programs could be eligible for the proposed financial benefit.
2. The Second Chance Pell (SCP) Experimental Sites Initiative. Under federal law, incarcerated individuals are eligible for federal financial aid under the second chance Pell pilot. The objective of the program is to examine how providing Pell Grants to incarcerated students influences their participation in educational opportunities and academic outcomes. For federal student aid purposes a penal institution is a facility that confines an individual as a result of being convicted for a crime. This pilot program was established in 2015 and of the 67 colleges originally selected for participation, three were California colleges—Cuesta College, Chaffey College and California State University, Los Angeles. Current award rules preclude students who are incarcerated in federal or state penal institutions from receiving Federal Pell Grants. Pell pilot waives the section of the Higher Education Act that prohibits otherwise eligible students from receiving a Pell Grant if they are incarcerated in a federal or state penal institution. The experiment does not waive any of the requirements for program eligibility determination. In addition to meeting requirements for Pell, a student must be eligible for release into the community and must be able to complete their program post release.

Under this bill, presumably an individual that is ineligible for release may access the Cal Grant program. Given that the federal pilot program limits Pell award eligible to those who are eligible for release into the community should a similar restriction be imposed for purposes of the Cal Grant program?

1. What would cost of attendance for an incarcerated student include? Considered in the computation for determining eligibility and award amounts for federal and state aid programs is one’s total cost of college attendance, which includes housing and transportation expenses. For purposes of the second chance Pell program, federal law provides that the cost of attendance for incarcerated students is limited to tuition and fees and, if required, books and supplies. Presumably, the same costs would be applied for the determination of the Cal Grant award for an incarcerated student.
2. General population and Cal Grant benefits. This bill establishes that incarcerated individuals would receive the outlined educational benefit to the same extent as the general population. Members of the general population would be eligible to apply for Cal Grants only to the extent that they meet statutory California residency requirements. Members of the general population are required to meet all deadlines and rules for financial aid as is required of the general student population. These same standard/requirements would apply to incarcerated students.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

• Unknown General Fund costs, potentially in the thousands to hundreds of thousands of dollars annually, to provide Cal Grant entitlement awards to incarcerated individuals attending college or university.
• Minor and absorbable General Fund costs to the CSAC to administer the Cal Grant program to incarcerated individuals

SUPPORT: (Verified 9/9/19)

A New Way of Life Re-Entry Project

American Academy Of Pediatrics, California

Anti-Recidivism Coalition

Compton College

Corrections to College California

Drug Policy Alliance

East Los Angeles College

Ella Baker Center for Human Rights

Fair Chance Project

GRIP Training Institute/Insight-Out

Imperial Valley College

National Association of Social Workers, California Chapter

Project Rebound Consortium, California State University, Fullerton

Riverside Community College District

San Jose Evergreen College

San Jose-Evergreen Community College District

Santiago Canyon College

South Orange County Community College District

University of California Student Association

West Hills College Coalinga

Western Center on Law and Poverty

OPPOSITION: (Verified 9/9/19)

None received

ASSEMBLY FLOOR: 65-5, 9/9/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Chu, Cooley, Daly, Eggman, Flora, Fong, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NOES: Bigelow, Cunningham, Diep, Melendez, Obernolte

NO VOTE RECORDED: Choi, Cooper, Frazier, Gallagher, Gipson, Maienschein, Patterson, Petrie-Norris, Ramos

Prepared by: Olgalilia Ramirez / ED. /

9/9/19 23:16:45

**** END ****

SENATE THIRD READING

STR Bill Id:SB 575

Author:(Bradford)

As Introduced Ver:September 5, 2019

Majority vote

SUMMARY:

Deletes the provisions in law that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award, thereby extending eligibility to incarcerated persons to the same extent as the general population - assuming they meet statutory California residency requirements and meet all deadlines and rules for financial aid (as is required of the general student population).

EXISTING LAW:

Federal law. Provides that students who are incarcerated in a Federal or State penal institution are not eligible to receive Federal Pell Grant funds. However, under the experimental sites authority, the U.S. Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants (Higher Education Act (HEA) Sections 487A(b) and 401(b)(6)).

State law.

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs, and eligibility is based upon financial need, grade point average (GPA), California residency, and other criteria (Education Code (EC) Sections 69430 - 69433).
2. Establishes eligibility criteria for the Cal Grant program; specifying that, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements, not be incarcerated, and, at the time of high school graduation or its equivalent, is required to be a resident of California (EC Section 69433.9).

Major Provisions

1. Expands Cal Grant eligibility to incarcerated individuals.
2. Addresses potential chaptering out issues with SB 296 (Allen) of the current legislative session.

COMMENTS:

Background. According to the American Enterprise Institute (AEI), September 2017 report, The Second Chance Pell Pilot Program: A Historical Overview, under Title IV of the HEA of 1965, incarcerated individuals were eligible to receive a Pell Grant to pay for college courses. However, in the early 1990s, the "tough on crime" era overshadowed rehabilitation efforts in prisons, including education. According to AEI's report, in the wake of the "tough on crime" era, the passage of the Violent Crime Control and Law Enforcement Act of 1994 banned incarcerated individuals from receiving the Pell Grant.

To note, before the enactment of the 1994 Violent Crime Control and Law Enforcement Act, the federal government invested $56 million into Pell Grants that were used by 23,000 federal and state prisoners in 1993-94. The amount the federal government spent on Pell Grants for inmates was less than 1% of total Pell Grant spending.

Further, AEI's report cited a 2013 RAND Corporation report, which found that inmates who participated in correctional education (postsecondary and other) were 43% less likely to recidivate than those who did not.

Second chance Pell experimental sites initiative and participants. The Obama administration, in July 2015, announced that the Second Chance Pell Pilot Program was created in order to support postsecondary opportunities for individuals incarcerated in federal and state prisons. The Department of Education, in August 2015, invited higher education institutions to apply to participate in the pilot. To note, more than 200 postsecondary institutions applied; in June 2016, the Department announced that 67 colleges and universities across the nation (in 27 states) were selected (based on institutional diversity, including institution type, location, enrollment, and Title IV participation level) to work with more than 100 correctional facilities in order to enroll approximately 12,000 inmates in federal and state prisons.

According to the AEI report, California has five institutions of higher learning participating in the pilot: California State University, Los Angeles; Chaffey College; Columbia College; Cuesta College; and, Southwestern Community College.

According to the Author:

"Correctional populations are over-represented with individuals having below average levels of educational attainment". The author contends, "There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance."

Arguments in Support:

According to the National Association of Social Workers, California Chapter, "Face-to-face community college enrollment inside California Department of Corrections and Rehabilitation rose from zero in 2014 to 4,443 students in fall 2017. For face-to-face enrollment, that is more than any other state. California Community colleges teach face-to-face transferable degree-building college courses in 34 of the state's 35 prisons. Ultimately, this bill aligns with California's goal to improve rehabilitation, while also helping ensure that all students have equal access to the same education. There are many barriers to successful reentry of the formerly incarcerated that hamper justice and equity. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and continue to contribute to their communities in positive ways".

Arguments in Opposition:

There is no opposition on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Unknown General Fund costs, potentially in the thousands to hundreds of thousands of dollars annually, to provide Cal Grant entitlement awards to incarcerated individuals attending college or university.
2. Minor and absorbable General Fund costs to the CSAC to administer the Cal Grant program to incarcerated individuals.

VOTES:

SENATE FLOOR: 35-2-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NO: Morrell, Stone

ABS, ABST OR NV: Moorlach

ASM HIGHER EDUCATION: 11-0-1

YES: Medina, Choi, Arambula, Bloom, Gabriel, Irwin, Kiley, Levine, Low, Santiago, Weber

ABS, ABST OR NV: Patterson

ASM APPROPRIATIONS: 14-1-3

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Gabriel, Eduardo Garcia, Obernolte, Quirk, Robert Rivas

NO: Bigelow

ABS, ABST OR NV: Diep, Maienschein, Petrie-Norris

UPDATED:

VERSION: September 5, 2019

CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0001898

SENATE THIRD READING

STR Bill Id:SB 575

Author:(Bradford)

As Introduced Ver:February 22, 2019

Majority vote

SUMMARY:

Deletes the provisions in law that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award, thereby extending eligibility to incarcerated persons to the same extent as the general population - assuming they meet statutory California residency requirements and meet all deadlines and rules for financial aid (as is required of the general student population).

EXISTING LAW:

Federal law. Provides that students who are incarcerated in a Federal or State penal institution are not eligible to receive Federal Pell Grant funds. However, under the experimental sites authority, the United States (U.S.) Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants (Higher Education Act (HEA) Sections 487A(b) and 401(b)(6)).

State law.

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs, and eligibility is based upon financial need, grade point average (GPA), California residency, and other criteria (Education Code (EC) Sections 69430-69433).
2. Establishes eligibility criteria for the Cal Grant program; specifying that, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements, not be incarcerated, and, at the time of high school graduation or its equivalent, is required to be a resident of California (EC Section 69433.9).

Major Provisions

This measure expands Cal Grant eligibility to incarcerated individuals.

COMMENTS:

Background. According to the American Enterprise Institute (AEI), September 2017 report, The Second Chance Pell Pilot Program: A Historical Overview, under Title IV of the HEA of 1965, incarcerated individuals were eligible to receive a Pell Grant to pay for college courses. However, in the early 1990s, the "tough on crime" era overshadowed rehabilitation efforts in prisons, including education. According to AEI's report, in the wake of the "tough on crime" era, the passage of the Violent Crime Control and Law Enforcement Act of 1994 banned incarcerated individuals from receiving the Pell Grant.

To note, before the enactment of the 1994 Violent Crime Control and Law Enforcement Act, the federal government invested $56 million into Pell Grants that were used by 23,000 federal and state prisoners in 1993-94. The amount the federal government spent on Pell Grants for inmates was less than 1% of total Pell Grant spending.

Further, AEI's report cited a 2013 RAND Corporation report, which found that inmates who participated in correctional education (postsecondary and other) were 43% less likely to recidivate than those who did not.

Second chance Pell experimental sites initiative and participants. The Obama administration, in July 2015, announced that the Second Chance Pell Pilot Program was created in order to support postsecondary opportunities for individuals incarcerated in federal and state prisons. The Department of Education, in August 2015, invited higher education institutions to apply to participate in the pilot. To note, more than 200 postsecondary institutions applied; in June 2016, the Department announced that 67 colleges and universities across the nation (in 27 states) were selected (based on institutional diversity, including institution type, location, enrollment, and Title IV participation level) to work with more than 100 correctional facilities in order to enroll approximately 12,000 inmates in federal and state prisons.

According to the AEI report, California has five institutions of higher learning participating in the pilot: California State University, Los Angeles; Chaffey College; Columbia College; Cuesta College; and, Southwestern Community College.

According to the Author:

"Correctional populations are over-represented with individuals having below average levels of educational attainment". The author contends, "There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance."

Arguments in Support:

According to the National Association of Social Workers, California Chapter, "Face-to-face community college enrollment inside California Department of Corrections and Rehabilitation rose from zero in 2014 to 4,443 students in fall 2017. For face-to-face enrollment, that is more than any other state. California Community colleges teach face-to-face transferable degree-building college courses in 34 of the state's 35 prisons. Ultimately, this bill aligns with California's goal to improve rehabilitation, while also helping ensure that all students have equal access to the same education. There are many barriers to successful reentry of the formerly incarcerated that hamper justice and equity. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and continue to contribute to their communities in positive ways".

Arguments in Opposition:

There is no opposition on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Unknown General Fund costs, potentially in the thousands to hundreds of thousands of dollars annually, to provide Cal Grant entitlement awards to incarcerated individuals attending college or university.
2. Minor and absorbable General Fund costs to the CSAC to administer the Cal Grant program to incarcerated individuals.

VOTES:

SENATE FLOOR: 35-2-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NO: Morrell, Stone

ABS, ABST OR NV: Moorlach

ASM HIGHER EDUCATION: 11-0-1

YES: Medina, Choi, Arambula, Bloom, Gabriel, Irwin, Kiley, Levine, Low, Santiago, Weber

ABS, ABST OR NV: Patterson

ASM APPROPRIATIONS: 14-1-3

YES: Gonzalez, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Gabriel, Eduardo Garcia, Obernolte, Quirk, Robert Rivas

NO: Bigelow

ABS, ABST OR NV: Diep, Maienschein, Petrie-Norris

UPDATED:

VERSION: February 22, 2019

CONSULTANT: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0001680

Date of Hearing: July 10, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 575

Author:(Bradford) – As Introduced Ver:February 22, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill allows a student who is incarcerated to be eligible to receive a Cal Grant financial aid award to support their postsecondary studies.

FISCAL EFFECT:

1. Unknown General Fund costs, potentially in the thousands to hundreds of thousands of dollars annually, to provide Cal Grant entitlement awards to incarcerated individuals attending college or university. In total, at least 4,500 incarcerated individuals currently are enrolled in postsecondary education. However, it is unlikely that many of these students would qualify for a Cal Grant entitlement award (as described in more detail below).
2. Minor and absorbable General Fund costs to the California Student Aid Commission (CSAC) to administer the Cal Grant program to incarcerated individuals.

COMMENTS:

1. Cal Grant Program. Current law authorizes the Cal Grant program, administered by CSAC, to provide grants to students demonstrating financial need to attend a college or university. Among other things, to be eligible to receive a Cal Grant award, a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements and not be incarcerated.

Annually, CSAC administers over $2 billion General Fund in Cal Grant awards to California students. The grants may cover full tuition costs at the CSU ($5,742), the UC ($12,570) and some private institutions (up to $9,084). They also may cover some nontuition costs at California Community Colleges, CSU and UC of up to $1,672. Nontuition costs include housing, books and supplies and transportation expenses.

Students may receive a Cal Grant as an entitlement grant, whereby the state automatically funds students who qualify for an award, or as a competitive grant, whereby the state funds a set number of awards and applicants are competitively selected. Cal Grant entitlement awards are available only to students who have graduated high school in the last year and meet certain grade point requirements. In total, about 350,000 students receive a Cal Grant entitlement award annually. Competitive Cal Grant awards are available to students regardless of time from graduation. For the 2019-20 fiscal year, state law provides 55,750 competitive Cal Grant awards. CSAC estimates, however, that the program is oversubscribed by over 100,000 applicants.

This bill deletes the provision in law that prohibits a student who is incarcerated from receiving a Cal Grant award. As with the general population, an incarcerated individual would need to have graduated high school in the last year in order to receive a Cal Grant entitlement award. All other individuals would be required to apply for a competitive Cal Grant. Because state law sets a maximum number of competitive Cal Grant awards available annually, more applications does not result in additional state costs.

1. Postsecondary Education for Incarcerated Individuals. SB 1391 (Hancock), Chapter 695, Statutes of 2014, allowed community colleges to teach students face-to-face in California prisons. Currently, 34 of the state’s 35 prisons offer courses and about 4,500 students are enrolled. A portion of the state’s jail systems also have partnered with local community colleges to offer courses. In addition, the CSU, Los Angeles, offers a face-to-face baccalaureate program and serves between 10 and 15 students annually.
2. Federal Financial Aid Pilot. Under federal law, incarcerated individuals are not eligible for Pell Grants. Pell Grants are gift aid for low-income students to cover tuition or nontuition costs at colleges and universities. Annual awards can total up to $6,000, depending on a student’s financial need. The federal government established the Second Chance Pell pilot in 2015. In California, three colleges were selected to participate, thereby allowing incarcerated students to be eligible for Pell Grants if they attended courses offered by those institutions. These colleges are Cuesta College, Chaffey College and CSU, Los Angeles.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: June 25, 2019

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

SBPCA Bill Id:SB 575

Author:(Bradford) – As Introduced Ver:February 22, 2019

SENATE VOTE: 35-2

SUBJECT: Cal Grants: student eligibility.

SUMMARY: Deletes the provisions in law that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award, thereby extending eligibility to incarcerated persons to the same extent as the general population and assuming they meet statutory California residency requirements and meet all deadlines and rules for financial aid (as is required of the general student population).

EXISTING LAW:

Federal law. Provides that students who are incarcerated in a Federal or State penal institution are not eligible to receive Federal Pell Grant funds. However, under the experimental sites authority, the U.S. Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants (Higher Education Act (HEA) Sections 487A(b) and 401(b)(6)).

State law.

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs, and eligibility is based upon financial need, grade point average (GPA), California residency, and other criteria (Education Code (EC) Sections 69430 - 69433).
2. Establishes eligibility criteria for the Cal Grant program; specifying that, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements, not be incarcerated, and, at the time of high school graduation or its equivalent, is required to be a resident of California (EC Section 69433.9).

FISCAL EFFECT: According to the Senate Appropriations Committee, CSU, Los Angeles is the only CSU campus currently offering a face-to-face baccalaureate program within the state prison system. The program enrolls anywhere between 10-15 students each year. Assuming a Cal Grant A or B award covering tuition and fees only for a similar number of students, this bill could result in General Fund costs of between $60,000 to $120,000 each year. However, to the extent that this population of students expands or other CSU campuses begin to offer similar programs, these costs could be higher.

COMMENTS: Background. According to the American Enterprise Institute (AEI), September 2017 report, The Second Chance Pell Pilot Program: A Historical Overview, under Title IV of the HEA of 1965, incarcerated individuals were eligible to receive a Pell Grant to pay for college courses. However, in the early 1990s, the “tough on crime” era overshadowed rehabilitation efforts in prisons, including education. According to AEI’s report, in the wake of the “tough on crime” era, the passage of the Violent Crime Control and Law Enforcement Act of 1994 banned incarcerated individuals from receiving the Pell Grant.

To note, before the enactment of the 1994 Violent Crime Control and Law Enforcement Act, the federal government invested $56 million into Pell Grants that were used by 23,000 federal and state prisoners in 1993-94. The amount the federal government spent on Pell Grants for inmates was less than 1% of total Pell Grant spending.

Further, AEI’s report cited a 2013 RAND Corporation report, which found that inmates who participated in correctional education (postsecondary and other) were 43% less likely to recidivate than those who did not.

Second chance Pell experimental sites initiative and participants. The Obama administration, in July 2015, announced that the Second Chance Pell Pilot Program was created in order to support postsecondary opportunities for individuals incarcerated in federal and state prisons. The Department of Education, in August 2015, invited higher education institutions to apply to participate in the pilot. To note, more than 200 postsecondary institutions applied; in June 2016, the Department announced that 67 colleges and universities across the nation (in 27 states) were selected (based on institutional diversity, including institution type, location, enrollment, and Title IV participation level) to work with more than 100 correctional facilities in order to enroll approximately 12,000 inmates in federal and state prisons. According to the AEI report, California has five institutions of higher learning participating in the pilot: California State University, Los Angeles; Chaffey College; Columbia College; Cuesta College; and, Southwestern Community College.

Purpose of this measure. According to the author, “Correctional populations are over-represented with individuals having below average levels of educational attainment”. The author contends, “There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance”.

This measure expands Cal Grant eligibility to incarcerated individuals.

Related legislation. SB 296 (Allen), which is pending in the Assembly Appropriations Committee, extends eligibility for the Cal Grant program to students who are noncitizens that have filed a designated application for asylum to the same extent as citizens and other eligible noncitizens, as provided under existing law.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California
American Civil Liberties Union of California
Anti-Recidivism Coalition
California Community Colleges Chancellor's Office
California-Hawaii State Conference of the NAACP
Compton College

Corrections to College California

Drug Policy Alliance
East Los Angeles College
Ella Baker Center for Human Rights
Fair Chance Project 

Grip Training Institute/Insight-Out

Imperial Valley College
Kern Community College District

Merced College

National Association of Social Workers, California Chapter
Project Rebound, California State University, Fullerton

Project Rebound, Sacramento State University
Riverside Community College District

Root and Rebound Reentry Advocates

San José-Evergreen Community College District
San Diego City College

Santiago Canyon College

Shasta College

South Orange County Community College District
University of California Student Association

West Hills College Coalinga
Western Center on Law and Poverty

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960

 THIRD READING  

Bill No: SB 575

Author: Bradford (D)

Introduced: 2/22/19

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 4/10/19

AYES: Leyva, Wilk, Durazo, Glazer, McGuire, Pan

NO VOTE RECORDED: Chang

SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/16/19

AYES: Portantino, Bradford, Hill, Jones, Wieckowski

NO VOTE RECORDED: Bates

SUBJECT: Cal Grants: student eligibility

SOURCE: Author

DIGEST:

This bill deletes provisions that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.

ANALYSIS:

Existing law:

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission, to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs and eligibility is based upon financial need, GPA, California residency and other criteria. (Education Code § 69430 - 69433)
2. Establishes eligibility criteria for the Cal Grant program. Among other things, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements and not be incarcerated. In addition, the individual, at the time of high school graduation or its equivalent, is required to be a resident of California. (EC § 69433.9)
3. Provides that students who are incarcerated in a federal or state penal institution are not eligible to receive Federal Pell Grant funds. In 2015, under the experimental sites authority, the U.S. Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants. (Higher Education Act § 487A(b) and 401(b)(6))

This bill deletes provisions that prohibits a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.

Comments

1. Need for the bill. According to the author, “Current law regarding Cal Grant eligibility is outdated as it automatically disqualifies a student who is incarcerated from accessing the program. Due to this, access to postsecondary education opportunities for incarcerated students are extremely limited. Correctional populations are over-represented with individuals having below average levels of educational attainment.

“Expanding Cal Grant eligibility to those who are incarcerated affords them an opportunity to begin the reintegration process prior to community reentry.

“Ultimately, this bill aligns with the state’s goal to improve rehabilitation and increase public safety, while also helping ensure that all students have equal access to post-secondary education. There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance.”

1. College students in Prison or jail. According to a report by Corrections to College California, “Don’t Stop Now,” face-to-face community college enrollment inside California Department of Corrections and Rehabilitation rose from zero in 2014 to 4,443 students in fall 2017. For face-to-face enrollment, that is more than any other state. California Community Colleges teach face-to-face transferable degree-building college courses in 34 of the state’s 35 prisons. Both California State University (CSU) and University of California have on-campus support programs for formerly incarcerated students and at least two CSU campuses offer face-to-face baccalaureate completion programs in the state prison system. Presumably, those enrolled in these programs could be eligible for the proposed financial benefit.
2. The Second Chance Pell (SCP) Experimental Sites Initiative. Under federal law, incarcerated individuals are eligible for federal financial aid under the second chance Pell pilot. The objective of the program is to examine how providing Pell Grants to incarcerated students influences their participation in educational opportunities and academic outcomes. For federal student aid purposes a penal institution is a facility that confines an individual as a result of being convicted for a crime. This pilot program was established in 2015 and of the 67 colleges originally selected for participation, three were California colleges—Cuesta College, Chaffey College and California State University, Los Angeles. Current award rules preclude students who are incarcerated in federal or state penal institutions from receiving Federal Pell Grants. Pell pilot waives the section of the Higher Education Act that prohibits otherwise eligible students from receiving a Pell Grant if they are incarcerated in a federal or state penal institution. The experiment does not waive any of the requirements for program eligibility determination. In addition to meeting requirements for Pell, a student must be eligible for release into the community and must be able to complete their program post release.

Under this bill, presumably an individual that is ineligible for release may access the Cal Grant program. Given that the federal pilot program limits Pell award eligible to those who are eligible for release into the community should a similar restriction be imposed for purposes of the Cal Grant program?

1. What would cost of attendance for an incarcerated student include? Considered in the computation for determining eligibility and award amounts for federal and state aid programs is one’s total cost of college attendance, which includes housing and transportation expenses. For purposes of the second chance Pell program, federal law provides that the cost of attendance for incarcerated students is limited to tuition and fees and, if required, books and supplies. Presumably, the same costs would be applied for the determination of the Cal Grant award for an incarcerated student.
2. General population and Cal Grant benefits. This bill establishes that incarcerated individuals would receive the outlined educational benefit to the same extent as the general population. Members of the general population would be eligible to apply for Cal Grants only to the extent that they meet statutory California residency requirements. Members of the general population are required to meet all deadlines and rules for financial aid as is required of the general student population. These same standard/requirements would apply to incarcerated students.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, CSU, Los Angeles, is the only CSU campus currently offering a face-to-face baccalaureate program within the state prison system. The program enrolls anywhere between 10-15 students each year. Assuming a Cal Grant A or B award covering tuition and fees only for a similar number of students, this bill could result in General Fund costs between $60,000 to $120,000 each year. However, to the extent that this population of students expands or other CSU campuses begin to offer similar programs, these costs could be higher.

SUPPORT: (Verified 5/16/19)

A New Way of Life Re-Entry Project

American Academy Of Pediatrics, California

Anti-Recidivism Coalition

Compton College

Corrections to College California

Drug Policy Alliance

East Los Angeles College

Ella Baker Center for Human Rights

Fair Chance Project

GRIP Training Institute/Insight-Out

Imperial Valley College

National Association of Social Workers, California Chapter

Project Rebound Consortium, California State University, Fullerton

Riverside Community College District

San Jose Evergreen College

San Jose-Evergreen Community College District

Santiago Canyon College

South Orange County Community College District

University of California Student Association

West Hills College Coalinga

Western Center on Law and Poverty

OPPOSITION: (Verified 5/16/19)

None received

Prepared by: Olgalilia Ramirez / ED. /

5/18/19 13:07:41

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 575 (Bradford) - Cal Grants: student eligibility

Bill Summary:

This bill would allow a student who is incarcerated to be eligible to receive a Cal Grant award.

Fiscal Impact:

California State University (CSU), Los Angeles is the only CSU campus currently offering a face-to-face baccalaureate program within the state prison system. The program enrolls anywhere between 10-15 students each year. Assuming a Cal Grant A or B award covering tuition and fees only for a similar number of students, this bill could result in General Fund costs of between $60,000 to $120,000 each year. However, to the extent that this population of students expands or other CSU campuses begin to offer similar programs, these costs could be higher.

Background:

Existing law authorizes the Cal Grant program, administered by the CSAC, to provide grants to financially needy students to attend a college or university. The Cal Grant program provides both entitlement and competitive awards through the Cal Grant A, Cal Grant B, and Cal Grant C programs. Among other things, to be eligible to receive a Cal Grant award, a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements and not be incarcerated. In addition, an individual, at the time of high school graduation or its equivalent, is required to be a resident of California.

Existing law establishes the Cal Grant A and B awards as an entitlement for California students meeting certain eligibility criteria, meaning the state automatically funds those students that qualify. An application must be submitted when the student is a high school senior or has graduated from high school within the last year. Eligible applicants who miss the application deadline or enroll well after they have graduated from high school may apply for a Competitive Cal Grant award.

However, the program prohibits an applicant from receiving one or a combination of program awards in excess of the amount equivalent to the award level for a total of a 4-year period of full-time attendance in an undergraduate program. Existing law authorizes an additional year of eligibility for students enrolled in an institutionally prescribed 5-year undergraduate program or students enrolled in professional teacher preparation program, as specified.

Cal Grant A provides full-tuition coverage for students enrolled at CSU and University of California (UC) and partial tuition at private colleges and universities. The Cal Grant B award comes with two payment components—access and tuition fees, in which the access portion covers non-tuition costs in the amount of $1,672. The Cal Grant B program provides full-tuition coverage except not in the first year of college for students enrolled at CSU and UC and partial tuition coverage for students enrolled at private colleges and universities.

California Community College (CCC) students primarily receive Cal Grant B access awards to cover non-tuition costs. These students also receive CCC fee waivers as the Cal Grant program does not cover community college fees. According to a related report by California College Pathways the majority of foster youth in postsecondary school in California attend community colleges and 80 percent of those students receive a California Community College fee waiver.

Existing law also establishes the Cal Grant Competitive Award program which provides 25,750 Cal Grant A and B awards to applicants who meet financial, academic and general program eligibility requirements. Half of these awards are reserved for students enrolled at a community college and who met the September 2 application deadline. According to the Commission’s website, eligibility for this program is geared toward nontraditional students, such as those who did not go to college right after high school, and takes into account not only GPA, but also time out of high school, family income, parents’ education levels, high school performance standards and other factors, such as whether the student comes from a single-parent household or was a foster youth. Currently, there are only 25,750 Competitive Cal Grant awards that are statutorily authorized each year. According to the CSAC, this program is oversubscribed with applicants that have failed to meet the entitlement programs. In any given year, there may be 300,000 to 350,000 applicants that compete for the 25,750 awards.

Proposed Law:

This bill deletes the provisions in law that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award, thereby extending eligibility to incarcerated persons to the same extent as the general population and assuming they meet statutory California residency requirements and meet all deadlines and rules for financial aid (as is required of the general student population).

Related Legislation:

SB 461 (Roth, 2019) would expand the total period of eligibility for Cal Grant A or Cal Grant B awards by establishing eligibility for an additional Summer Cal Grant award for purposes of timely completion of a baccalaureate degree program at a public postsecondary institution. SB 461 is currently on the Suspense file.

SB 296 (Allen, 2019) would extend eligibility for the Cal Grant program to students who are noncitizens that have filed the specified application for asylum. SB 296 is scheduled to be heard by this Committee on April 29, 2019.

AB 151 (Vopel, 2019) would raise the limit to 30 years of age or older for the transfer entitlement Cal Grant program. AB 151 is pending in the Assembly Committee on Higher Education.

Staff Comments:

The total cost of college attendance is considered in the computation for determining eligibility and award amounts for federal and state aid programs, including the cost for housing and transportation. For purposes of the second chance Pell program, federal law provides that the cost of attendance for incarcerated students is limited to tuition and fees and, if required, books and supplies. While not specified in the bill, the same costs may be applied for the determination of the Cal Grant award for an incarcerated student. Assuming a Cal Grant A or B award covering tuition and fees for between 10-20 students each year, this bill would result in additional General Fund costs of between $60,000 to $120,000. CSU Los Angeles is the only CSU that is currently offering a face-to-face baccalaureate program within the state prison system.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: SB 575 Hearing Date: April 10, 2019

Subject: Cal Grants: student eligibility.

SUMMARY

This bill deletes provisions that prohibit a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.

BACKGROUND

Existing law:

1. Authorizes the Cal Grant program, administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students to attend a college or university. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs and eligibility is based upon financial need, GPA, California residency and other criteria. (Education Code § 69430 - 69433)
2. Establishes eligibility criteria for the Cal Grant program. Among other things, to be eligible to receive a Cal Grant award a student is required to be a citizen of the United States, or an eligible noncitizen as defined, be in compliance with all applicable Selective Service registration requirements and not be incarcerated. In addition, the individual, at the time of high school graduation or its equivalent, is required to be a resident of California. (EC § 69433.9)
3. Federal law, provides that students who are incarcerated in a Federal or State penal institution are not eligible to receive Federal Pell Grant funds. In 2015, under the experimental sites authority, the U.S. Department of Education waived this section for the Second Chance Pell Experimental Sites Initiative participants. (Higher Education Act § 487A(b) and 401(b)(6))

ANALYSIS

This bill deletes provisions that prohibits a student who is incarcerated from being eligible to receive a Cal Grant award thereby extending eligibility to incarcerated persons to the same extent as the general population.

STAFF COMMENTS

1. Need for the bill. According to the author, “Current law regarding Cal Grant eligibility is outdated as it automatically disqualifies a student who is incarcerated from accessing the program. Due to this, access to postsecondary education opportunities for incarcerated students are extremely limited. Correctional populations are over-represented with individuals having below average levels of educational attainment.

Expanding Cal Grant eligibility to those who are incarcerated affords them an opportunity to begin the reintegration process prior to community reentry.

Ultimately, this bill aligns with the state’s goal to improve rehabilitation and increase public safety, while also helping ensure that all students have equal access to post-secondary education. There are many barriers to successful re-entry of the formerly incarcerated that hamper justice and fairness. Providing appropriate funding for correctional education empowers individuals to put their lives back on track and earn their second chance.”

1. College students in Prison or jail. According to a report by Corrections to College California, “Don’t Stop Now,” face-to-face community college enrollment inside California Department of Corrections and Rehabilitation rose from zero in 2014 to 4,443 students in fall 2017. For face-to-face enrollment, that is more than any other state. California Community colleges teach face-to-face transferable degree-building college courses in 34 of the state’s 35 prisons. Both California State University (CSU) and University of California have on-campus support programs for formerly incarcerated students and at least two CSU campuses offer face-to-face baccalaureate completion programs in the state prison system. Presumably, those enrolled in these programs could be eligible for the proposed financial benefit.
2. The Second Chance Pell (SCP) Experimental Sites Initiative. Under federal law, incarcerated individuals are eligible for federal financial aid under the second chance Pell pilot. The objective of the program is to examine how providing Pell Grants to incarcerated students influences their participation in educational opportunities and academic outcomes. For Federal student aid purposes a penal institution is a facility that confines an individual as a result of being convicted for a crime. This pilot program was established in 2015 and of the 67 colleges originally selected for participation, three were California colleges—Cuesta College, Chaffey College and California State University, Los Angeles. Current award rules preclude students who are incarcerated in federal or state penal institutions from receiving Federal Pell Grants. Pell pilot waives the section of the Higher Education Act that prohibits otherwise eligible students from receiving a Pell Grant if they are incarcerated in a federal or state penal institution. The experiment does not waive any of the requirements for program eligibility determination. In addition to meeting requirements for Pell, a student must be eligible for release into the community and must be able to complete their program post release.

Under this measure, presumably an individual that is ineligible for release may access the Cal Grant program. Given that the federal pilot program limits Pell award eligible to those who are eligible for release into the community should a similar restriction be imposed for purposes of the Cal Grant program?

1. What would cost of attendance for an incarcerated student include? Considered in the computation for determining eligibility and award amounts for federal and state aid programs is one’s total cost of college attendance, which includes housing and transportation expenses. For purposes of the second chance Pell program, federal law provides that the cost of attendance for incarcerated students is limited to tuition and fees and, if required, books and supplies. Presumably, the same costs would be applied for the determination of the Cal Grant award for an incarcerated student.
2. General population and Cal Grant benefits. This bill establishes that incarcerated individuals would receive the outlined educational benefit to the same extent as the general population. Members of the general population would be eligible to apply for Cal Grants only to the extent that they meet statutory California residency requirements. Members of the general population are required to meet all deadlines and rules for financial aid as is required of the general student population. These same standard/requirements would apply to incarcerated students.
3. Related legislation. Several bills have been introduced in an effort to expand eligibility for the Cal Grant program to students who are currently ineligible. These include the following:

SB 461 (Roth, 2019) expands the total period of eligibility for Cal Grant A or Cal Grant B awards by establishing eligibility for an additional Summer Cal Grant award for purposes of timely completion of a baccalaureate degree program at a public postsecondary institution. SB 461 was approved by this committee on April 3, 2019.

SB 296 (Allen, 2019) extends eligibility for the Cal Grant program to students who are noncitizens that have filed the specified application for asylum to the same extent as citizens and other eligible noncitizens, as provided under current law. SB 296 was approved by this committee on April 3, 2019.

AB 151 (Vopel, 2019) would raise that limit to 30 years of age or older for the transfer entitlement Cal Grant program. AB 151 has been referred to the Assembly Committee on Higher Education.

SUPPORT

A New Way of Life Re-Entry Project

American Academy Of Pediatrics, California

Anti-Recidivism Coalition

Compton College

Corrections to College California

Drug Policy Alliance

East Los Angeles College

Ella Baker Center for Human Rights

Fair Chance Project

GRIP Training Institute/Insight-Out

Imperial Valley College

Project Rebound Consortium, California State University, Fullerton

Riverside Community College District

San Jose Evergreen College

San Jose-Evergreen Community College District

Santiago Canyon College

University of California Student Association

West Hills College Coalinga

Western Center on Law and Poverty

OPPOSITION

None received

-- END --