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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HICKERNELL, AUMENT, BISHOP, BOBACK, BOYD, CAUSER, CUTLER, DENLINGER, FLECK, GEIST, GINGRICH, HARHART, HENNESSEY, JOHNSON, MURT, O'NEILL, PICKETT, PYLE, RAPP, VULAKOVICH AND WAGNER, FEBRUARY 10, 2011 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 10, 2011 |
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| AN ACT |
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1 | Providing for financial assistance to foster youth and youth |
2 | adopted from the foster care system; reducing the long-term |
3 | costs for taxpayers by enhancing opportunities for youth who |
4 | are or have been in substitute care; assisting youth who are |
5 | and have been in substitute care by making college |
6 | accessible; and encouraging the adoption of youth from |
7 | substitute care by assisting families with the financing of |
8 | postsecondary education. |
9 | The General Assembly finds and declares as follows: |
10 | (a) Findings.--The General Assembly makes the following |
11 | findings and declarations: |
12 | (1) Children who live in substitute care are abused and |
13 | neglected individuals for whom the State has assumed parental |
14 | responsibility. Although foster care is designed to reunite |
15 | those children when appropriate with their parents, or place |
16 | those children with an adoptive family, many children are |
17 | neither reunited with their families nor adopted. Many of the |
18 | youth who grow up in the system leave unprepared to sustain |
19 | themselves independently. As a result, a disproportionate |
20 | number of former foster youth are homeless, dependent on |
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1 | public assistance and unemployed. They are much less likely |
2 | to enter and complete college than their peers. |
3 | (2) Nationally and in Pennsylvania, supporting |
4 | postsecondary aspirations of citizens results in a great |
5 | benefit to the individual and society. In this Commonwealth, |
6 | individuals who pursue postsecondary education on average |
7 | earn incomes that are two times that of a high school |
8 | graduate and over three times higher than an individual |
9 | without a high school diploma. In 2003, only 3.3% of the |
10 | individuals with a bachelor's degree were unemployed and |
11 | under 1% of these individuals relied on any form of public |
12 | assistance. |
13 | (3) In this Commonwealth, there are more than 22,000 |
14 | youth in foster care. Every year more than 1,000 age out of |
15 | foster care. |
16 | (4) Only 50% of foster youth graduate from high school, |
17 | compared to 70% of their peers. |
18 | (5) While more than 60% of high school graduates enter |
19 | college each year, less than 20% of foster youth in this |
20 | Commonwealth enroll in college. |
21 | (6) While the foster youth college enrollment rate is |
22 | extremely low, the college drop-out rate for foster youth is |
23 | extremely high. Studies show that while few former foster |
24 | youth enroll in college, even fewer go on to earn a degree. |
25 | One of the critical hurdles for this student population to |
26 | overcome is finding the financial resources to fund their |
27 | education. |
28 | (7) Emancipated foster youth, who do not have parents to |
29 | rely on for support and guidance, suffer unique disadvantages |
30 | compared with other students. While many students are |
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1 | preoccupied with academic pressures, the primary concerns |
2 | cited by foster youth are the absence of family support and |
3 | the fear of not having any place to go on holidays and school |
4 | breaks. Emancipated foster youth need emotional support and |
5 | specialized resources from sensitive university staff who |
6 | understand the circumstances and pressing needs of foster |
7 | youth so that they can successfully complete their education. |
8 | (8) In Pennsylvania in 2004, of the youth between the |
9 | ages of 16 and 21 who were discharged from the child welfare |
10 | system, only 77 were adopted. Approximately 4,000 youth in |
11 | the child welfare system are still waiting to be adopted. |
12 | Many families cite the loss of postsecondary educational |
13 | benefits to youth as a barrier to adoption. Youth who are |
14 | adopted out of the foster care system face many of the |
15 | challenges of emancipated foster youth. While they have found |
16 | permanency through a family, they struggle with barriers to |
17 | college enrollment and retention. These youth should not have |
18 | to choose between a family and a postsecondary education. By |
19 | supporting a youth adopted out of foster care in pursuing |
20 | postsecondary educational goals, we provide an incentive to |
21 | the adoption of youth from the foster care system. |
22 | (b) Declaration.--The General Assembly finds that youth |
23 | emancipated from foster care and adopted from the foster care |
24 | system face significant and unique barriers to pursuing higher |
25 | education and attaining their full educational capability. To |
26 | effectively combat the forces that prevent these youth from |
27 | pursuing and completing a postsecondary program, the General |
28 | Assembly declares that programs shall be created to provide |
29 | targeted outreach to foster youth to encourage college |
30 | attendance, assistance to them in applying for college, |
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1 | assistance to retain youth in college and financial assistance |
2 | to pay for college so that these youth have the opportunity. |
3 | (c) Intent.--The intent of this act is to do all of the |
4 | following: |
5 | (1) Provide financial assistance to foster youth and |
6 | youth adopted from the foster care system to overcome the |
7 | financial barriers related to higher education. |
8 | (2) Reduce the long-term costs for taxpayers by |
9 | enhancing opportunities for youth who are or have been in |
10 | substitute care. |
11 | (3) Assist youth who are and have been in substitute |
12 | care by making college accessible and thus contributing to |
13 | the likelihood of their educational success and economic |
14 | self-sufficiency. |
15 | (4) Encourage the adoption of youth from substitute care |
16 | by assisting families with the financing of postsecondary |
17 | education. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Short title. |
21 | This act shall be known and may be cited as the Fostering |
22 | Independence Through Education Act. |
23 | Section 2. Definitions. |
24 | The following words and phrases when used in this act shall |
25 | have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Adoption." Adoptions of youth who have been in the care and |
28 | custody of the county child welfare agency and in substitute |
29 | care. |
30 | "Agency." The Pennsylvania Higher Education Assistance |
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1 | Agency. |
2 | "County agency." The term as defined under 23 Pa.C.S. § 6303 |
3 | (relating to definitions). |
4 | "Dependent child." The term as defined under 42 Pa.C.S. § |
5 | 6302 (relating to definitions). |
6 | "State postsecondary educational institutions." All State- |
7 | owned universities, State-related and State-aided colleges and |
8 | universities, trade schools and community colleges. |
9 | "Substitute care." The term includes any placement |
10 | authorized by the court for a dependent child or a child with |
11 | dual case management from the dependency and delinquency |
12 | systems. |
13 | Section 3. Tuition waiver. |
14 | (a) Establishment.--There is established a tuition and fee |
15 | waiver program for youth in substitute care before, on or after |
16 | the effective date of this section. |
17 | (b) Award.--The governing bodies of all State postsecondary |
18 | educational institutions shall make provisions for institutions |
19 | under their respective jurisdictions to award a tuition and fee |
20 | waiver for undergraduate courses at State postsecondary |
21 | educational institutions for all eligible persons under this |
22 | section. |
23 | (c) Eligibility.--In order to receive a tuition and fee |
24 | waiver under this section, a person shall meet all of the |
25 | following requirements: |
26 | (1) Shall be at least 16 years of age but under 23 years |
27 | of age and be in or have been in substitute care for no less |
28 | than 30 days, including any of the following: |
29 | (i) Have been placed in substitute care as a |
30 | dependent child at any time while 16 years of age or |
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1 | older. |
2 | (ii) Have been placed in substitute care and had |
3 | shared case management through the dependency and |
4 | delinquency system. |
5 | (iii) Have been adopted from the substitute care |
6 | system as a dependent child. |
7 | (iv) Are participating in the tuition and fee waiver |
8 | program on their 21st birthday, until they reach 23 years |
9 | of age. |
10 | (2) Have graduated from high school or received a |
11 | general educational development diploma or the equivalent. |
12 | (3) Maintained satisfactory progress as defined by the |
13 | State postsecondary educational institution attended. |
14 | (4) Have first applied for all Federal and State grants |
15 | prior to having the remaining tuition and fees waived. |
16 | (d) Accessibility.--The governing bodies of all State |
17 | postsecondary educational institutions shall work with the |
18 | agency as well as the Department of Labor and Industry and the |
19 | Department of Public Welfare to ensure that eligible youth |
20 | access all available Federal and State grants. |
21 | Section 4. Outreach. |
22 | (a) Duties of Department of Public Welfare.--The Department |
23 | of Public Welfare, in conjunction with the Department of |
24 | Education, shall do all of the following: |
25 | (1) Prepare information to be disseminated by county |
26 | agencies and the Department of Education that describes the |
27 | availability of the program established under this act. |
28 | (2) Ensure that identified emancipated foster youth are |
29 | informed of services and programs under the act of August 31, |
30 | 1971 (P.L.423, No.101), known as the Higher Education Equal |
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1 | Opportunity Act. |
2 | (b) Duties of State postsecondary educational |
3 | institutions.--State postsecondary educational institutions |
4 | shall do all of the following: |
5 | (1) Assist the Department of Public Welfare and the |
6 | Department of Education in the preparation of information |
7 | that describes the availability of the program established |
8 | under this act. |
9 | (2) Provide technical assistance to prospective eligible |
10 | students in completing admissions applications and financial |
11 | aid applications. |
12 | Section 5. Retention. |
13 | To improve retention, the governing bodies of all State |
14 | postsecondary educational institutions shall do all of the |
15 | following: |
16 | (1) Track the retention rates of students that |
17 | voluntarily disclose to the State postsecondary educational |
18 | institution their status as a former foster youth. |
19 | (2) Provide technical assistance and advice on ways in |
20 | which to improve the delivery of services to eligible |
21 | students. |
22 | (3) Annually review and identify impediments to |
23 | retaining eligible students, including housing for those |
24 | emancipated youth living in college dormitories. |
25 | Section 6. Report. |
26 | In order to determine the effectiveness of this act, the |
27 | Department of Public Welfare, with the assistance of the |
28 | Department of Education, shall collect information obtained from |
29 | all State postsecondary educational institutions and prepare a |
30 | report to be submitted annually to the General Assembly that |
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1 | contains all of the following: |
2 | (1) Information relating to the participation of |
3 | qualified students under this act. |
4 | (2) Retention rates of those students who are |
5 | participating under this act. |
6 | (3) Identification of impediments to retaining eligible |
7 | students. |
8 | (4) Strategies to address the impediments identified |
9 | under paragraph (3). |
10 | Section 20. Effective date. |
11 | This act shall take effect in 60 days. |
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