Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 22-0118.01 Conrad Imel x2313 SENATE BILL 22-008 Senate Committees House Committees Education Appropriations A BILL FOR AN ACT C ONCERNING POSTSECONDARY EDUCAT ION SUPPORT FOR CERTAIN101 STUDENTS WHO HAVE BEEN IN OUT -OF-HOME PLACEMENT , AND, 102 IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Colorado Youth Advisory Council Review Committee. The bill requires all public higher education institutions (institutions) in Colorado to waive undergraduate tuition and fees for Colorado resident students who have been in foster care or, following an adjudication as neglected or dependent, in noncertified kinship care in Colorado at any time on or SENATE Amended 2nd Reading March 24, 2022 SENATE SPONSORSHIP Zenzinger and Priola, Fenberg, Moreno HOUSE SPONSORSHIP McLachlan and McKean, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. after reaching the age of 13 (qualifying students). The institutions are required to designate an employee to serve as a liaison to qualifying or prospective qualifying students. Under existing law, school districts and the state charter school institute must designate an employee to act as the child welfare education liaison. The bill requires child welfare education liaisons to provide students in out-of-home placement with information and assistance regarding the tuition waiver for qualifying students. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add part 14 to article 2 3.3 of title 23 as follows:3 PART 144 FOSTER YOUTH FINANCIAL ASSISTANCE PROGRAM5 23-3.3-1401. Financial aid for students who have been in6 out-of-home placement - institution liaisons - regional navigators -7 definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT8 OTHERWISE REQUIRES:9 (a) "C HAFEE ETV GRANT" MEANS AN EDUCATIONAL AND TRAINING10 VOUCHERS PROGRAM GRANT MADE PURSUANT TO THE FEDERAL "JOHN H.11 C HAFEE FOSTER CARE PROGRAM FOR SUCCESSFUL TRANSITION TO12 A DULTHOOD", 42 U.S.C. SEC. 677.13 (b) "I NSTITUTION OF HIGHER EDUCATION " OR "INSTITUTION"14 MEANS A STATE INSTITUTION OF HIGHER EDUCATION , AS DEFINED IN15 SECTION 23-18-102 (10)(a); LOCAL DISTRICT COLLEGE, AS DEFINED IN16 SECTION 23-71-102; OR AREA TECHNICAL COLLEGE , AS DEFINED IN17 SECTION 23-60-103.18 (c) "Q UALIFYING STUDENT" MEANS A RESIDENT OF COLORADO19 WHO HAS BEEN ACCEPTED FOR ENROLLMENT AT AN INSTITUTION OF20 HIGHER EDUCATION WHO:21 008-2- (I) HAS BEEN PLACED IN FOSTER CARE, AS DEFINED IN SECTION1 19-1-103, IN COLORADO AT ANY TIME ON OR AFTER THE STUDENT 'S2 THIRTEENTH BIRTHDAY; OR3 (II) H AS BEEN IN NONCERTIFIED KINSHIP CARE , AS DEFINED IN4 SECTION 19-1-103, IN COLORADO AT ANY TIME ON OR AFTER THE5 STUDENT'S THIRTEENTH BIRTHDAY AND WAS, AT ANY TIME, ADJUDICATED6 NEGLECTED OR DEPENDENT PURSUANT TO ARTICLE 3 OF TITLE 19.7 (2) (a) B EGINNING IN THE 2022-23 ACADEMIC YEAR, EACH8 INSTITUTION OF HIGHER EDUCATION IN THE STATE SHALL PROVIDE 9 FINANCIAL ASSISTANCE TO A QUALIFYING STUDENT FOR THE REMAINING10 BALANCE OF THE STUDENT'S TOTAL COST OF ATTENDANCE IN EXCESS OF11 THE AMOUNT OF ANY PRIVATE, STATE, OR FEDERAL FINANCIAL ASSISTANCE12 RECEIVED BY THE STUDENT, REFERRED TO IN THIS SECTION AS "REMAINING13 BALANCE FINANCIAL ASSISTANCE ", DURING THE FIRST ONE HUNDRED14 THIRTY-TWO SEMESTER HOURS OR ONE HUNDRED NINETY -EIGHT QUARTER15 HOURS THAT THE STUDENT IS ENROLLED AT THE INSTITUTION . 16 (b) I N ORDER TO RECEIVE REMAINING BALANCE FINANCIAL 17 ASSISTANCE, THE QUALIFYING STUDENT MUST:18 (I) C OMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID ,19 INCLUDING, IF APPLICABLE, ACKNOWLEDGING PAST OR CURRENT FOSTER20 CARE PLACEMENT;21 (II) I F ELIGIBLE, COMPLETE THE APPLICATION FOR A CHAFEE ETV22 GRANT;23 (III) B E ENROLLED IN COURSES LEADING TOWARD A BACHELOR 'S24 DEGREE, A POSTGRADUATE DEGREE , AN ASSOCIATE DEGREE , OR A25 CERTIFICATE OF COMPLETION AT AN INSTITUTION OF HIGHER EDUCATION ;26 (IV) R EQUEST THE FINANCIAL ASSISTANCE IN ACCORDANCE WITH27 008 -3- POLICIES SET FORTH BY THE INSTITUTION; AND1 (V) R EMAIN IN SATISFACTORY ACADEMIC STANDING IN2 ACCORDANCE WITH THE ACADEMIC POLICIES OF THE INSTITUTION AND BE3 MAKING PROGRESS TOWARD COMPLETION OF THE REQUIREMENTS OF THE4 EDUCATIONAL PROGRAM IN WHICH THE STUDENT IS ENROLLED .5 (3) T HE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE 6 COMMISSION TO COVER FIFTY PERCENT OF PROVIDING REMAINING7 BALANCE FINANCIAL ASSISTANCE TO QUALIFYING STUDENTS . SUBJECT TO8 AVAILABLE APPROPRIATIONS, THE COMMISSION SHALL PROVIDE FUNDING9 TO AN INSTITUTION EQUAL TO FIFTY PERCENT OF THE REMAINING BALANCE10 FINANCIAL ASSISTANCE PROVIDED BY THE INSTITUTION .11 (4) T HE COMMISSION SHALL PROMULGATE RULES NECESSARY FOR 12 THE ADMINISTRATION OF THIS SECTION.13 (5) (a) EACH INSTITUTION SHALL DESIGNATE ONE EMPLOYEE AS A14 LIAISON TO SERVE AS A DIRECT POINT OF CONTACT WITH THE INSTITUTION15 FOR QUALIFYING STUDENTS AND PROSPECTIVE QUALIFYING STUDENTS .16 T HE LIAISON MAY HAVE OTHER DUTIES UNRELATED TO WORK AS THE17 LIAISON. THE LIAISON SHALL PROVIDE QUALIFYING STUDENTS AND 18 PROSPECTIVE QUALIFYING STUDENTS WITH INFORMATION REGARDING19 APPLICATION ASSISTANCE, FINANCIAL ASSISTANCE, SUPPORT SERVICES,20 AND OTHER RESOURCES AND ASSISTANCE AVAILABLE TO QUALIFYING21 STUDENTS AND PROSPECTIVE QUALIFYING STUDENTS .22 (b) E ACH INSTITUTION SHALL PROVIDE THE FOSTER CARE STUDENT 23 NAVIGATOR OFFICE DESCRIBED SUBSECTION (4) OF THIS SECTION WITH THE24 CONTACT INFORMATION FOR THE LIAISON .25 (6) (a) T HE DEPARTMENT OF HIGHER EDUCATION SHALL ESTABLISH 26 THE FOSTER CARE STUDENT NAVIGATOR OFFICE TO ASSIST PROSPECTIVE27 008 -4- QUALIFYING STUDENTS IN APPLYING FOR AND ENROLLING IN INSTITUTIONS1 OF HIGHER EDUCATION.2 (b) T HE HEAD OF THE OFFICE IS THE DIRECTOR OF THE FOSTER 3 CARE STUDENT NAVIGATOR OFFICE . THE EXECUTIVE DIRECTOR OF THE4 C OLORADO COMMISSION ON HIGHER EDUCATION SHALL APPOINT THE 5 DIRECTOR. THE DIRECTOR SHALL HIRE STAFF NECESSARY TO CARRY OUT6 THE OFFICE'S RESPONSIBILITIES.7 (c) T HE DIRECTOR, AFTER CONSULTATION WITH THE COMMISSION , 8 SHALL DIVIDE THE STATE INTO FOUR REGIONS AND ASSIGN A REGIONAL9 NAVIGATOR TO EACH REGION. EACH REGIONAL NAVIGATOR SHALL WORK10 WITH SCHOOL DISTRICT AND STATE CHARTER SCHOOL INSTITUTE CHILD11 WELFARE EDUCATION LIAISONS , DESCRIBED IN SECTION 22-32-138 (2),12 WITHIN THE NAVIGATOR'S REGION TO IDENTIFY PROSPECTIVE QUALIFYING13 STUDENTS. THE NAVIGATOR SHALL PROVIDE GUIDANCE TO PROSPECTIVE14 QUALIFYING STUDENTS WITH SELECTING INSTITUTIONS AND PROGRAMS IN15 WHICH THE STUDENT MAY WANT TO ENROLL . THE NAVIGATOR SHALL, AT16 THE REQUEST OF A STUDENT, ASSIST THE STUDENT WITH COMPLETING AN17 INSTITUTION'S APPLICATION FOR ADMISSION, THE FREE APPLICATION FOR18 FEDERAL STUDENT AID, AND, IF ELIGIBLE, THE APPLICATION FOR A CHAFEE19 ETV GRANT. 20 SECTION 2. In Colorado Revised Statutes, 22-32-138, amend21 (2)(b)(V) and (2)(b)(VI); and add (2)(b)(VII) as follows:22 22-32-138. Out-of-home placement students - school stability,23 transfer, and enrollment procedures - absences - exemptions -24 provision of academic supports - definitions. (2) (b) The child welfare25 education liaison shall be responsible for working with child placement26 agencies, county departments, and the state department of human services27 008 -5- to facilitate services to maintain students in out-of-home placement in1 their schools of origin or, if the county department determines that it is2 not in the students' best interests to remain in the school of origin,3 facilitate the prompt and appropriate placement, transfer, and enrollment4 in school of students in out-of-home placement within the school district5 or who are enrolled or enrolling in institute charter schools. The child6 welfare education liaison's specific duties include but need not be limited7 to:8 (V) Participating, or having his or her THE LIAISON'S designee9 participate, in any interagency collaboration teams or threat-assessment10 teams centered on students in out-of-home placement, which teams the11 education provider may develop or on which teams the education12 provider may be invited to participate; and13 (VI) Providing to the department of education, the department of14 human services, and the education committees of the house of15 representatives and the senate, or any successor committees, the16 information required pursuant to sections 22-2-139 and 26-1-138; AND17 (VII) P ROVIDING STUDENTS IN OUT-OF-HOME PLACEMENT WITH18 INFORMATION ABOUT THE FINANCIAL ASSISTANCE DESCRIBED IN SECTION 19 23-3.3-1401.20 SECTION 3. Appropriation. For the 2022-23 state fiscal year,21 $2,702,512 is appropriated to the department of higher education. This22 appropriation is from the general fund and is based on an assumption that23 the department will require an additional 4.6 FTE. To implement this act,24 the department may use this appropriation for the state aid for foster25 students program.26 SECTION 4. Safety clause. The general assembly hereby finds,27 008 -6- determines, and declares that this act is necessary for the immediate1 preservation of the public peace, health, or safety.2 008 -7-