2023 -- H 6189

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LC002468

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- TUITION WAIVER PROGRAM FOR CHILDREN IN

RHODE ISLAND FOSTER CARE

     Introduced By: Representatives Casimiro, Noret, Serpa, Spears, Roberts, Diaz, and
Morales

     Date Introduced: March 22, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 112

TUITION WAIVER PROGRAM FOR CHILDREN IN RHODE ISLAND FOSTER CARE

     16-112-1. Short title.

     This chapter shall be known and may be cited as the "Tuition Waiver Program for Children

in Rhode Island Foster Care."

     16-112-2. Legislative findings and purpose.

     (a) There are many children in the custody of the department of children, youth, and

families ("DCYF") who have been in DCYF custody for several years and who have no family

resources or whose families have limited ability to provide funds for post-secondary education.

These children often possess the academic ability and the interest to pursue higher educational

goals, but are precluded from doing so because of the lack of family resources to assist in funding.

     (b) The state has already invested considerable funds in children in DCYF custody through

the funding of residential placements, foster care, counseling services, and health care.

     (c) Children in the care of the state or aging out of foster care have poor educational

outcomes that have been documented, and few achieve college graduation without substantial

assistance. The purpose, and goal of this chapter is to improve outcomes for current and former

foster youth who need support to improve educational attainment. Investment in their education

will help to ensure a successful transition to adulthood free of dependence on government support.

     (d) To afford youth in foster care the opportunity comparable to children not in state

custody who often enjoy greater opportunities to draw from family and other resources, there is

hereby established the tuition waiver program for children in Rhode Island foster care.

     16-112-3. Establishment of tuition waiver program.

     Beginning with the high school graduating class of 2023, there is hereby established the

tuition waiver program for children in Rhode Island foster care. This program shall cover the costs

of mandatory fees and tuition to attain a degree or certificate at one of the state colleges or university

as defined in § 16-112-4. The general assembly shall annually appropriate the funds necessary to

implement the purposes of this chapter. Additional funds beyond the waivers may be appropriated

to support and advance the program. In addition to appropriation by the general assembly,

charitable donations may be accepted into the program.

     16-112-4. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) "Certificate" means any certificate program with labor market value as defined by the

postsecondary commissioner.

     (2) "Department" means the department of children, youth, and families.

     (3) "General education coursework" means the educational foundation of knowledge,

skills, and attitudes that prepare recipient students for success in their majors and their personal and

professional lives after graduation. It includes, but is not limited to, the required coursework of all

degrees developed by each state college and university that is approved by the council on

postsecondary education that is intended to ensure that all graduates of a state institution have a

balanced core of competencies and knowledge. This is not limited to coursework specifically

required for one’s major.

     (4) "Mandatory fees and tuition" means the costs that every student is required to pay in

order to enroll in classes, and does not include room and board, textbooks, program fees that may

exist in some majors, course fees that may exist for some specific courses, meal plans, or travel.

     (5) "On track to graduate on time" means the standards determined by the state colleges

and the state university in establishing the expectation of a student to graduate with an associate’s

degree within two (2) years, or a bachelor’s degree within four (4) years of enrollment, or the

prescribed completion time for a student completing a certificate, or the prescribed time for a

student to obtain the degree or certificate on a part-time basis. In promulgating this section, the

general assembly recognizes that some students, including, but not limited to, students who require

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developmental education, may require an extended time period for degree completion.

     (6) "Program" means the tuition waiver program for children in Rhode Island foster care

established in this chapter.

     (7) "Recipient student" means a student attending the community college of Rhode Island,

Rhode Island college, or the university of Rhode Island, who qualifies to receive the tuition waiver

pursuant to this chapter.

     (8) "State" means the State of Rhode Island.

     (9) "State colleges and university" means the community college of Rhode Island, Rhode

Island college, and the university of Rhode Island, as well as any other state colleges or university

subsequently established by the state, if any.

     16-112-5. Administration of scholarship program.

     (a) Each year the department shall identify and notify from among youth in its legal

custody, or who were in the department’s legal custody for a period of time between the ages of

fourteen (14) years and twenty-one (21) years, or participated in the voluntary extension of care,

pursuant to §14-1-6, between the ages of eighteen (18) years and twenty-one (21) years, and those

other youth and students identified in §16-112-6, as those students eligible for a tuition waiver

through this program. The department shall notify and inform the youth and the foster parent(s), if

applicable, of the existence of the program and of the student’s eligibility for a tuition waiver

pursuant to the program. Such notice may be provided in writing, virtually, by electronic mail, by

telephone, or any other means to ensure the youth and foster parent(s) of the program are notified

and informed. The youth or foster parent shall request that the department contact the admissions

office at any state college or university which the student wishes to attend. The financial aid office,

in conjunction with the admissions office, at each state college or university shall coordinate to

ensure the tuition waiver is applied to the eligible student in foster care to ensure that person

becomes a recipient student.

     (b) A waiver under the program may cover the cost of up to four (4) years of mandatory

fees and tuition for full-time attendance by the recipient student and for the recipient student to

complete general education coursework and be on track to graduate on time and obtain a certificate,

associate’s degree, or bachelor’s degree; provided, a state college or university may permit a

recipient student to attend classes on a part-time basis, and the waiver shall be in an amount up to

what it would have cost the recipient student to attend the state college or university as a full-time

student until attainment of their first certificate, associate degree, or bachelor’s degree, while

utilizing the waiver provided under this program.

     (c) The program is limited to one award per student per year, for up to four (4) years, unless

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the student is attending on a part-time basis, in which case the waiver shall be equal to the total cost

it would take for a student attending the state college or university to complete a program and obtain

a degree or a certificate if the recipient student was attending the state college or university on a

full-time basis.

     16-112-6. Eligibility.

     (a) Persons eligible to participate in this program as recipient students are as follows:

     (1) Children and youth who are currently or were in foster care for a substantial period of

time between the ages of fourteen (14) years and twenty-one (21) years;

     (2) Young adults who are eligible for or currently participating in the voluntary extension

of care, pursuant to § 14-1-6;

     (3) Youth who exited foster care between the ages of eighteen (18) years and twenty-one

(21) years, inclusive;

     (4) Youth who left foster care at age fourteen (14) years or older for guardianship or

adoption, until they reach age of twenty-six (26) years.

     (5) Youth who had been in foster care for a substantial period of time between the ages of

fourteen (14) years and twenty-one (21) years, or were participating in the voluntary extension of

care, pursuant to § 14-1-6, and left this status for some reason other than aging out of foster care,

kinship, guardianship or adoption;

     (6) Children likely to remain in foster care until age eighteen (18) years;

     (7) Youth in foster care who have graduated from high school or received the equivalent

of a high school diploma; and

     (8) Youth in foster care who have not reached their twenty-sixth birthday.

     16-112-7. Appropriation, regulation, and reporting.

     (a) The general assembly shall appropriate sufficient sums to implement the provisions of

this chapter. These monies are to be used exclusively to fund tuition waivers awards to recipient

students.

     (b) The department, in consultation with the state colleges and university, shall provide an

annual report to the governor and the general assembly by November 1, 2024, and annually by

November 1 thereafter, that accounts for the expenditures made pursuant to this chapter, including

the amounts awarded to each recipient student, each awardee’s unmet need, the total number of

waivers granted, and the number of recipient students per academic year who made satisfactory

progress towards completing their higher education degree or certificate, and are on track to

graduate on time, as reported to the department by the community college of Rhode Island, Rhode

Island college, and the university of Rhode Island.

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     (c) The department, in consultation with the state colleges and university, may promulgate

rules and regulations to implement the provisions of this chapter.

     SECTION 2. This act shall take effect on July 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- TUITION WAIVER PROGRAM FOR CHILDREN IN

RHODE ISLAND FOSTER CARE

***

     This act would establish the tuition waiver program for children in Rhode Island foster care

program. The purpose would be to increase the number of youths in foster care enrolling in and

obtaining degrees in a timely fashion from a state college or university. In addition, the act would

permit charitable donations to the scholarship program as well as an annual appropriation by the

general assembly.

     This act would take effect on July 1, 2023.

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