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SENATE AMENDED
PRIOR PRINTER'S NOS. 2342, 3744
PRINTER'S NO. 4143
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1745
Session of
2017
INTRODUCED BY HICKERNELL, BOBACK, CHARLTON, CUTLER, FEE,
HEFFLEY, PHILLIPS-HILL, MENTZER, MILLARD, MURT, RAPP,
ROEBUCK, SAYLOR, SCHWEYER, WARD, WATSON, ZIMMERMAN, TOOHIL,
J. HARRIS, MADDEN, TAI AND NELSON, AUGUST 24, 2017
SENATOR EICHELBERGER, EDUCATION, IN SENATE, AS AMENDED,
OCTOBER 2, 2018
AN ACT
Providing for a tuition and fee FOSTERING INDEPENDENCE waiver
program for youth who are or have been in substitute care.
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 an individual who has been in the
care and custody of a county agency and in substitute care.
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"County agency." The term as defined under 23 Pa.C.S. § 6303
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(relating to definitions).
"Dependent child." The term as defined under 42 Pa.C.S. §
6302 (relating to definitions).
"FOSTERING INDEPENDENCE WAIVER." A WAIVER OF TUITION AND
FEES, AND ROOM AND BOARD IF ROOM AND BOARD IS OFFERED TO
STUDENTS, AT A STATE POSTSECONDARY EDUCATIONAL INSTITUTION.
"Permanent legal custodian." A person to whom legal custody
of a 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).
"POC." The point of contact designated in section 5.
"Program." The tuition and fee FOSTERING INDEPENDENCE waiver
program established in section 3.
"State postsecondary educational institution." The term
includes any of the following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(2) A university within the State System of Higher
Education established under Article XX-A of the Public School
Code of 1949.
(3) The Pennsylvania State University.
(4) The University of Pittsburgh.
(5) Temple University.
(6) Lincoln University.
(7) The Thaddeus Stevens College of Technology.
(8) Any other institution designated as State-related by
the Commonwealth.
"Substitute care." The term includes any placement
authorized by a court for a dependent child or a child with
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shared case management in dependency and delinquency proceedings
under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
"SUBSTITUTE CARE." OUT-OF-HOME PLACEMENT IN A SETTING THAT
PROVIDES 24-HOUR CARE FOR A DEPENDENT CHILD AS DEFINED IN 42
PA.C.S. § 6302 MADE PURSUANT TO AN ORDER OF THE COURT.
Section 3. Tuition and fee FOSTERING INDEPENDENCE waiver
program.
(a) Establishment.--There is established a tuition and fee
FOSTERING INDEPENDENCE waiver program for individuals who
satisfy the eligibility requirements under subsection (c).
(b) Award.--Beginning with the semester starting in the fall
of 2019, each State postsecondary educational institution shall
award a tuition and fee FOSTERING INDEPENDENCE waiver for
undergraduate courses at the institution for each individual who
is eligible under subsection (c). The tuition and fee FOSTERING
INDEPENDENCE waiver shall be equal to the amount of the tuition
and all fees at the State postsecondary educational institution
the individual attends, minus HAVE SUBTRACTED FROM IT the amount
of any Federal grants, State grants or other scholarships or
grants the individual receives. An individual shall receive a
tuition and fee FOSTERING INDEPENDENCE waiver under this act for
five years, whether or not consecutive, or until the individual
reaches 26 years of age, whichever occurs first, as long as the
individual remains eligible under subsection (c).
(c) Eligibility.--In order to receive a tuition and fee
FOSTERING INDEPENDENCE waiver under this section, an individual
in substitute care under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) must meet all of the following requirements:
(1) Be at least 14 years of age but under 26 years of
age and be in or have been in substitute care IN THIS
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COMMONWEALTH for at least six months before, on or after the
effective date of this section, including any of the
following:
(i) Placement in substitute care as a dependent
child at any time while 14 years of age or older.
(ii) Placement in substitute care with shared case
management in dependency and delinquency proceedings
under 42 Pa.C.S. Ch. 63 at any time while 14 years of age
or older.
(iii) (II) Adoption at any time after reaching 14
years of age from substitute care as a dependent child.
(iv) (III) Placement with a permanent legal
custodian at any time after reaching 14 years of age from
substitute care as a dependent child.
(2) Have graduated from high school or received a
Commonwealth secondary school diploma or another equivalent
approved by the Department of Education.
(3) Have been accepted for admission to, or be currently
attending, a State postsecondary educational institution.
(4) For those individuals already attending a State
postsecondary educational institution when the tuition and
fee waiver is sought, have HAVE maintained satisfactory
progress AFTER ADMISSION as defined by the State
postsecondary educational institution attended.
(5) Have applied for all available Federal and State
grants.
(6) Currently reside RESIDES in this Commonwealth.
(d) Accessibility.--Each State postsecondary educational
institution, through the POC required under section 5, shall
work with the agency as well as the Department of Labor and
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Industry and the Department of Human Services to ensure that
individuals eligible for the program under subsection (c) apply
for 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:
(1) By December 1, 2018, prepare information to be
disseminated by county agencies, the Department of Education
and State postsecondary educational institutions that
describes the availability of the program established under
this act and explains how to participate in the program.
(2) Ensure that identified individuals who may be
eligible for services and programs under section 1738-E of
the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code, are informed of these services and programs.
(b) Duties of State postsecondary educational
institutions.--Each State postsecondary educational institution
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 and explains how to participate in the program
as required under subsection (a)(1).
(2) Through the POC required under section 5, provide
technical assistance to individuals who are eligible under
section 3(c) in completing admissions applications and
financial aid applications.
(3) Disseminate the information prepared under
subsection (a)(1) to all applicants for admission and to
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prospective applicants for admission. A State postsecondary
educational institution may comply with this paragraph by
including a paper or electronic copy of the information with
other information or notifications provided to the applicant
for admission and by posting the information prepared under
subsection (a)(1) on the institution's publicly accessible
Internet website.
(4) To improve retention, all of the following:
(i) Track the retention rates of students that
voluntarily disclose to the institution their eligibility
for the program.
(ii) Provide the Department of Education and the
Department of Human Services with recommendations on ways
in which to improve the delivery of services to students
who are eligible under section 3(c).
(iii) Annually review and identify impediments to
retaining students who are eligible under section 3(c).
(5) Report the information required under paragraph (4)
to the Department of Education and the Department of Human
Services by June 30, 2019, and by June 30 of each year
thereafter.
Section 5. Point of contact.
Each State postsecondary educational institution shall
designate an appropriate staff person or persons as the point of
contact for students eligible for the program. The POC may be
comprised of one or more qualified staff members to provide the
appropriate support or expertise required for the duties
specified in this section. The POC shall have or ensure the
delegation of the following duties:
(1) Assist students in obtaining verification of
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eligibility for the program from the courts, the county
agency or the Department of Human Services.
(2) Assist individuals who are eligible under section
3(c) in accessing available Federal and State financial aid
resources and in identifying further scholarship and grant
opportunities, in consultation with the institution's
financial aid department.
(3) Serve as the primary contact for all individuals
applying to or attending the institution who are eligible
under section 3(c).
(4) Provide all individuals applying to or attending the
institution who are eligible under section 3(c) with
information and referrals for on-campus support services and
resources, including admissions, housing, financial aid,
health, mental health, tutoring, career, academic advising
and other services.
(5) Provide all individuals applying to or attending the
institution who are eligible under section 3(c) with
information and referrals for off-campus support services,
including transitional housing and medical insurance and
services.
(6) Post POC contact information on the publicly
accessible Internet website of the State postsecondary
educational institution.
Section 6. Report.
In order to determine and maximize 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 under
section 4(b)(5) and prepare an anonymized report to be submitted
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by August 31, 2019, and by August 31 of each year thereafter, to
the chairperson and minority chairperson of the Education
Committee of the Senate, the chairperson and minority
chairperson of the Health and Human Services Committee of the
Senate, the chairperson and minority chairperson of the
Education Committee of the House of Representatives and the
chairperson and minority chairperson of the Children and Youth
Committee of the House of Representatives that contains all of
the following:
(1) Information relating to the participation of
students in the program.
(2) Retention rates of those students who are
participating in the program.
(3) Retention rates of those students who have
voluntarily disclosed to their State institution of higher
education their eligibility for the program under section
3(c) but who are not participating in the program.
(4) Identification of impediments to retaining students
who are eligible under section 3(c).
(5) Recommendations on ways in which to improve the
delivery of services to students who are eligible for the
program under section 3(c) and to address the impediments
identified under paragraph (4).
Section 7. Effective date.
This act shall take effect in 60 days.
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