THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HICKERNELL, BISHOP, BOYD, CARROLL, CAUSER, CUTLER, DENLINGER, FLECK, GEIST, GINGRICH, HENNESSEY, MELIO, MILNE, MURT, MYERS, O'NEILL, PALLONE, PYLE, QUINN, RAPP, REICHLEY, ROCK, SIPTROTH, J. TAYLOR, TRUE, VULAKOVICH AND YOUNGBLOOD, FEBRUARY 27, 2009

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 27, 2009  

AN ACT

Providing for financial assistance to foster youth and youth

adopted from the foster care system; reducing the long-term

costs for taxpayers by enhancing opportunities for youth who

are or have been in substitute care; assisting youth who are

and have been in substitute care by making college

accessible; and encouraging the adoption of youth from

substitute care by assisting families with the financing of

postsecondary education.

The General Assembly finds and declares as follows:

(a)  Findings.--The General Assembly makes the following

findings and declarations:

(1)  Children who live in substitute care are abused and

neglected individuals for whom the State has assumed parental

responsibility. Although foster care is designed to reunite

those children when appropriate with their parents, or place

those children with an adoptive family, many children are

neither reunited with their families nor adopted. Many of the

youth who grow up in the system leave unprepared to sustain

themselves independently. As a result, a disproportionate

number of former foster youth are homeless, dependent on

public assistance and unemployed. They are much less likely

to enter and complete college than their peers.

(2)  Nationally and in Pennsylvania, supporting

postsecondary aspirations of citizens results in a great

benefit to the individual and society. In this Commonwealth,

individuals who pursue postsecondary education on average

earn incomes that are two times that of a high school

graduate and over three times higher than an individual

without a high school diploma. In 2003, only 3.3% of the

individuals with a bachelor's degree were unemployed and

under 1% of these individuals relied on any form of public

assistance.

(3)  In this Commonwealth, there are more than 22,000

youth in foster care. Every year more than 1,000 age out of

foster care.

(4)  Only 50% of foster youth graduate from high school,

compared to 70% of their peers.

(5)  While more than 60% of high school graduates enter

college each year, less than 20% of foster youth in this

Commonwealth enroll in college.

(6)  While the foster youth college enrollment rate is

extremely low, the college drop-out rate for foster youth is

extremely high. Studies show that while few former foster

youth enroll in college, even fewer go on to earn a degree.

One of the critical hurdles for this student population to

overcome is finding the financial resources to fund their

education.

(7)  Emancipated foster youth, who do not have parents to

rely on for support and guidance, suffer unique disadvantages

compared with other students. While many students are

preoccupied with academic pressures, the primary concerns

cited by foster youth are the absence of family support and

the fear of not having any place to go on holidays and school

breaks. Emancipated foster youth need emotional support and

specialized resources from sensitive university staff who

understand the circumstances and pressing needs of foster

youth so that they can successfully complete their education.

(8)  In Pennsylvania in 2004, of the youth between the

ages of 16 and 21 who were discharged from the child welfare

system, only 77 were adopted. Approximately 4,000 youth in

the child welfare system are still waiting to be adopted.

Many families cite the loss of postsecondary educational

benefits to youth as a barrier to adoption. Youth who are

adopted out of the foster care system face many of the

challenges of emancipated foster youth. While they have found

permanency through a family, they struggle with barriers to

college enrollment and retention. These youth should not have

to choose between a family and a postsecondary education. By

supporting a youth adopted out of foster care in pursuing

postsecondary educational goals, we provide an incentive to

the adoption of youth from the foster care system.

(b)  Declaration.--The General Assembly finds that youth

emancipated from foster care and adopted from the foster care

system face significant and unique barriers to pursuing higher

education and attaining their full educational capability. To

effectively combat the forces that prevent these youth from

pursuing and completing a postsecondary program, the General

Assembly declares that programs shall be created to provide

targeted outreach to foster youth to encourage college

attendance, assistance to them in applying for college,

assistance to retain youth in college and financial assistance

to pay for college so that these youth have the opportunity.

(c)  Intent.--The intent of this act is to do all of the

following:

(1)  Provide financial assistance to foster youth and

youth adopted from the foster care system to overcome the

financial barriers related to higher education.

(2)  Reduce the long-term costs for taxpayers by

enhancing opportunities for youth who are or have been in

substitute care.

(3)  Assist youth who are and have been in substitute

care by making college accessible and thus contributing to

the likelihood of their educational success and economic

self-sufficiency.

(4)  Encourage the adoption of youth from substitute care

by assisting families with the financing of postsecondary

education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Fostering

Independence Through Education Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Adoption."  Adoptions of youth who have been in the care and

custody of the county child welfare agency and in substitute

care.

"Agency."  The Pennsylvania Higher Education Assistance

Agency.

"County agency."  The term as defined under 23 Pa.C.S. § 6303 

(relating to definitions).

"Dependent child."  The term as defined under 42 Pa.C.S. §

6302 (relating to definitions).

"State postsecondary educational institutions."  All State-

owned universities, State-related and State-aided colleges and

universities, trade schools and community colleges.

"Substitute care."  The term includes any placement

authorized by the court for a dependent child or a child with

dual case management from the dependency and delinquency

systems.

Section 3.  Tuition waiver.

(a)  Establishment.--There is established a tuition and fee

waiver program for youth in substitute care before, on or after

the effective date of this section.

(b)  Award.--The governing bodies of all State postsecondary

educational institutions shall make provisions for institutions

under their respective jurisdictions to award a tuition and fee

waiver for undergraduate courses at State postsecondary

educational institutions for all eligible persons under this

section.

(c)  Eligibility.--In order to receive a tuition and fee

waiver under this section, a person shall meet all of the

following requirements:

(1)  Shall be at least 16 years of age but under 23 years

of age and be in or have been in substitute care for no less

than 30 days, including any of the following:

(i)  Have been placed in substitute care as a

dependent child at any time while 16 years of age or

older.

(ii)  Have been placed in substitute care and had

shared case management through the dependency and

delinquency system.

(iii)  Have been adopted from the substitute care

system as a dependent child.

(iv)  Are participating in the tuition and fee waiver

program on their 21st birthday, until they reach 23 years

of age.

(2)  Have graduated from high school or received a

general educational development diploma or the equivalent.

(3)  Maintained satisfactory progress as defined by the

State postsecondary educational institution attended.

(4)  Have first applied for all Federal and State grants

prior to having the remaining tuition and fees waived.

(d)  Accessibility.--The governing bodies of all State

postsecondary educational institutions shall work with the

agency as well as the Department of Labor and Industry and the

Department of Public Welfare to ensure that eligible youth

access all available Federal and State grants.

Section 4.  Outreach.

(a)  Duties of Department of Public Welfare.--The Department

of Public Welfare, in conjunction with the Department of

Education, shall do all of the following:

(1)  Prepare information to be disseminated by county

agencies and the Department of Education that describes the

availability of the program established under this act.

(2)  Ensure that identified emancipated foster youth are

informed of services and programs under the act of August 31,

1971 (P.L.423, No.101), known as the Higher Education Equal

Opportunity Act.

(b)  Duties of State postsecondary educational

institutions.--State postsecondary educational institutions

shall do all of the following:

(1)  Assist the Department of Public Welfare and the

Department of Education in the preparation of information

that describes the availability of the program established

under this act.

(2)  Provide technical assistance to prospective eligible

students in completing admissions applications and financial

aid applications.

Section 5.  Retention.

To improve retention, the governing bodies of all State

postsecondary educational institutions shall do all of the

following:

(1)  Track the retention rates of students that

voluntarily disclose to the State postsecondary educational

institution their status as a former foster youth.

(2)  Provide technical assistance and advice on ways in

which to improve the delivery of services to eligible

students.

(3)  Annually review and identify impediments to

retaining eligible students, including housing for those

emancipated youth living in college dormitories.

Section 6.  Report.

In order to determine the effectiveness of this act, the

Department of Public Welfare, with the assistance of the

Department of Education, shall collect information obtained from

all State postsecondary educational institutions and prepare a

report to be submitted annually to the General Assembly that

contains all of the following:

(1)  Information relating to the participation of

qualified students under this act.

(2)  Retention rates of those students who are

participating under this act.

(3)  Identification of impediments to retaining eligible

students.

(4)  Strategies to address the impediments identified

under paragraph (3).

Section 20.  Effective date.

This act shall take effect in 60 days.