PRINTER'S NO. 532
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
453
Session of
2015
INTRODUCED BY HICKERNELL, COHEN, MENTZER, MURT, TOOHIL AND
ZIMMERMAN, FEBRUARY 17, 2015
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 17, 2015
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
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to enter and complete college than their peers.
(2) Nationally and in Pennsylvania, supporting
postsecondary aspirations of citizens results in a great
benefit to individuals 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
individuals with a bachelor's degree were unemployed and less
than 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. Each 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 necessary financial resources for
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
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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 postsecondary
education programs.
(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 postsecondary education. By
supporting 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 postsecondary programs, the General
Assembly declares that programs must be created to provide
targeted outreach to foster youth and youth adopted from the
foster care system to encourage college attendance, to assist
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them in applying for college admission, to assist in their
retention in college and to provide financial assistance to pay
for college.
(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." Adoption of youth who have been in the care and
custody of a county child welfare agency and in substitute care.
"Agency." The Pennsylvania Higher Education Assistance
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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).
"Permanent legal custodian." A person to whom legal custody
of the child has been given by order of a court pursuant to 42
Pa.C.S. § 6351(a)(2.1) (relating to disposition of dependent
child).
"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 a court for a dependent child or a child with
shared case management through 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 individuals under this
section.
(c) Eligibility.--In order to receive a tuition and fee
waiver under this section, an individual must meet all of the
following requirements:
(1) Be at least 16 years of age but under 23 years of
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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 systems.
(iii) Have been adopted from substitute care system
as a dependent child.
(iv) Have been placed with a permanent legal
custodian from substitute care as a dependent child.
(v) Is participating in the tuition and fee waiver
program on the individual's 21st birthday, until the
individual reaches 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 Human Services to ensure that eligible youth
access all available Federal and State grants.
Section 4. Outreach.
(a) Duties of Department of Human Services.--The Department
of Human Services, in conjunction with the Department of
Education, shall do all of the following:
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(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 section 1738-E of the
act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code.
(b) Duties of State postsecondary educational
institutions.--State postsecondary educational institutions
shall do all of the following:
(1) Assist the Department of Human Services 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.
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Section 6. Report.
In order to determine the effectiveness of this act, the
Department of Human Services, 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 7. Effective date.
This act shall take effect in 60 days.
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