Existing Laws & Regulations
California has been a leader in adopting policies to help support foster youth to achieve their educational goals.
Below is an overview of the laws that support foster youth to be successful in college. Laws and policies change as new policies are enacted by the legislature each year. Be sure to sign up for email advisories from JBAY to stay up to date on the latest policies and practices related to higher education and foster youth.
Financial Aid
The 2023/2024 budget bill included increased funding for financial aid for foster youth across all three public postsecondary systems.
The 2021/2022 budget included an increase for foster youth to the CalGrant access award for non-tuition costs to up to $6000 per year. This is available for foster youth attending CCCs, CSUs, and UCs.
Requires colleges to consider homelessness as an extenuating circumstance when evaluating appeals for the loss of financial aid due to a student not meeting Satisfactory Academic Progress (SAP) requirements.
Allows foster youth to receive a Chafee grant for up to two years before losing access due to academic progress. Authorizes CSAC to over-award the number of Chafee grants in order to facilitate quicker disbursement.
Expanded access to financial aid by extending the eligibility for a Cal Grant by enabling foster youth to qualify for a Cal Grant entitlement award up to age 26; extending the deadline for foster youth attending community college to apply for a Cal Grant to September 2; and allowing foster youth to receive the grant for up to eight years. An additional $4 million was allocated to the state budget for this purpose.
Expanded access to Chafee ETV grants to students up to age 26 and imposes new reporting requirements regarding the program. An additional $4 million was allocated to the state budget for this purpose.
This bill enacted a very limited tuition waiver for foster youth at CSUs. While the waiver is not available under most circumstances, it has been utilized to cover summer tuition costs in some circumstances.
Requires county child welfare social workers to identify a person to assist each foster youth with applications for postsecondary education and financial aid; streamlines the financial aid verification process for foster youth who apply through FAFSA; and expanded CAFYES from 10 community college districts to up to 20 districts.
Restricts the use of Chafee ETV funds at schools that do not meet certain graduation and loan default criteria. In addition, an additional $3 million was allocated by the state legislature to supplement funding for the Chafee Education and Training Voucher program.
Exempts foster youth from the loss of the Promise Grant fee waiver as a result of not making Satisfactory Academic Progress.
Priority Registration
Removed sunset for priority registration for homeless students and extends the definition to include currently homeless students in addition to formerly homeless students
Expanded priority registration and various other benefits received by foster youth to homeless youth as well and mandated the designation of a foster and homeless youth liaison at public college and university campuses.
Removed the sunset clause from priority registration for foster youth (the original bill was scheduled to sunset on Jan 1, 2017) and expanded eligibility to include all foster youth who were in foster care after their 16th birthday under the age of 26.
Requires all students who are otherwise eligible for priority enrollment (including foster youth) to complete orientation, assessment, and an educational plan in order to gain access to priority enrollment.
Provides for priority registration at community colleges, California State Universities, and University of California campuses for current and former foster youth.
Student Housing Options
Allows minors to be placed in a supervised independent living (SILP) setting in a college or university dormitory or other college or university designated housing.
Modified the provisions of AB 1393 to provide similar priority to homeless youth and to require that CSUs and UCs allow foster youth and homeless youth to remain in housing that is available during academic breaks at no extra charge.
Allows counties to elect to provide THP-Plus for up to 36 months (instead of 24) for former foster youth enrolled in school. Youth enrolled in school may also participate up to age 25, instead of the current upper age limit of 24.
Requires CSUs and requests UCs to give foster youth priority for on-campus housing. California community colleges are requested to give priority to foster youth. In addition, CSUs that have student housing open during school breaks are required to give first priority to current and former foster youth.
Extended Foster Care, Verification of Status, and Resident Status
The California Fostering Connections to Success Act, extended foster care to age 21 in California.
Allows colleges and universities to grant resident status to foster youth under the age of 19 who are currently residing in California and are a current dependent or ward under California’s child welfare system or emancipated after age 18, who otherwise would not qualify for residency status. This includes a student who was residing out of state prior to returning to California.
College and University Supports
This budget trailer bill made additional changes to NextUp eligibility including allowing students to continue in the program after turning 26 and ensuring that programs do not impose additional eligibility requirements beyond those specified in statute.
The Budget Act of 2022 (AB 178) authorized $12 million of ongoing funding for the California State University (CSU) system and $6 million of ongoing funding for the University of California system in support of foster youth programs. The bill also added $30 million in additional funding for NextUp and made changes to NextUp eligibility including eliminating the requirement that students be enrolled in 9 units.
Removes barriers to accessing the NextUp program for foster youth at community colleges, including expanding eligibility to youth in foster care after age 13.
Requires all Community Colleges to create a basic needs center and have a basic needs coordinator using a $30 million annual budget allocation.
Mandates the designation of a foster and homeless youth liaison at public college and university campuses. The bill also expanded priority registration and various other benefits received by foster youth to homeless youth.
Created the Cooperating Agencies Foster Youth Educational Support (CAFYES) Program. In order to qualify, students must be under age 26, in foster care on or after their 16th birthday, and enrolled in at least 9 units. This was funded by an initial budget allocation of $15 million, subsequently increased to $20 million in 2017, bring the total number of programs to 45.
Requires the California State University and the California Community Colleges systems to expand outreach services to emancipated foster youth and track retention rates of foster youth.
K-12 Laws That Improve Postsecondary Education Options
Requires county Foster Youth Services Coordinating Programs to coordinate efforts to support foster youth to complete the FAFSA and report on FAFSA completion rates.
Explicitly added support for post-secondary matriculation to the responsibilities of the Foster Youth Services Coordinating Programs housing within County Offices of Education.
For information regarding laws that impact K-12 education, including educational stability, educational decision making, early care and education, special education, school discipline, and graduation requirements, the California Foster Youth Education Task Force has prepared a set of Fact Sheets that provide an overview.
