AB 243: Postsecondary education: student financial aid dependency status: juveniles.

(1) The Donahoe Higher Education Act establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. A provision of the act requires the California State University, and requests the University of California, to annually report, on or before March 31, to the Legislature on their respective institutional financial aid programs. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable.

Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education.

For purposes of making an unusual circumstances adjustment regarding the dependency status of student financial aid and institutional financial aid applicants attending, or applying to attend, a California State University, California Community College, or University of California campus, this bill would require a financial aid administrator of the segment or the commission, as applicable, to accept a sworn statement containing information signed under penalty of perjury by an authorized representative of a local educational agency, county child welfare department, or probation department as sufficient documentation, as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

(2) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, a local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders and members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.

This bill would, in order to support a person who is or was previously adjudged a dependent or ward of the juvenile court, placed in foster care or on probation, or taken into the custody of the county probation department, in attending an institution of higher education, as specified, authorize personnel at a county child welfare department, county probation department, or local educational agency to provide, upon request of the person, the institution of higher education, as defined, with specified information, including the sworn statement described in paragraph (1) above. The bill would require all information received by the institution of higher education under these provisions to be confidential and used for certain limited purposes, and would make an intentional violation of this confidentiality provision a misdemeanor. By creating a crime, the bill would impose a state-mandated local program.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.