I 

109TH CONGRESS 

1ST SESSION H. R. 2508

To amend the Higher Education Act of 1965 to improve the ability of 

foster care youths to attend and succeed in higher education. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005

Mr. GEORGE MILLER of California (for himself, Mr. DAVIS of Illinois, Mr. 

GRIJALVA, Mr. HOLT, Mr. VAN HOLLEN, Mr. PAYNE, Mrs. MCCARTHY, 

Mr. RYAN of Ohio, Mr. OWENS, Mr. HINOJOSA, Mr. KILDEE, Mr. STARK, 

Mr. KENNEDY of Rhode Island, Mr. CONYERS, Mr. WEXLER, and Ms. 

WOOLSEY) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL

To amend the Higher Education Act of 1965 to improve 

the ability of foster care youths to attend and succeed 

in higher education.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foster Opportunities 

5 for Success Through Higher Education Reform’’ or the 

6 ‘‘FOSTER Act’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 
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1 (1) Recent studies by the Center for the Study 

2 of Social Policy, Casey Family Programs, and the 

3 Packard Foundation demonstrate that many of the 

4 20,000 children aging out of foster care each year 

5 face unique challenges as they enter the adult world: 

6 a greater likelihood of becoming teen parents, de7 pendence on public assistance, participation in sub8 stance abuse, homelessness, and involvement with 

9 the criminal justice system compared to youth in the 

10 general population. 

11 (2) According to a study of foster care children 

12 in Washington State, a child who enters foster care 

13 is likely to have poorer academic outcomes than chil14 dren not in foster care, even after controlling for a 

15 variety of factors such as poverty. 

16 (3) A follow-up study in Wisconsin found that 

17 37 percent of youth had not completed their high 

18 school education when interviewed 12 to 18 months 

19 after discharge from foster care. 

20 (4) A study of African American males in the 

21 Ohio foster care system found that in the sixth 

22 grade, African American males in foster care had 

23 significantly lower scores than 1 or more of the 4 

24 comparison groups (all students, all African Amer-
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1 ican students, all male students, all African Amer2 ican male students). 

3 (5) By the ninth grade, the African American 

4 males in foster care had significantly lower scores 

5 than all of the comparison groups. 

6 (6) These youth in foster care are less likely to 

7 be enrolled in college preparatory classes and are 

8 more than twice as likely as non-foster care youth 

9 (37 percent vs. 16 percent) to have dropped out of 

10 high school. 

11 (7) A 2002 report issued by the Child Welfare 

12 League of America (CWLA) found that more than 

13 26 percent of foster children have repeated a grade 

14 at least once since the seventh grade; 60 percent 

15 have failed a class in the previous year; over a third 

16 were below grade level in written language, math 

17 and readings; foster youth have higher absentee and 

18 tardy rates than their non-foster peers. 

19 (8) A report from Casey Family Programs indi20 cated that, nationwide, fewer than 27 percent of fos21 ter youth who graduated high school went on to col22 lege as compared to 52 percent of the general popu23 lation. 

24 (9) A May 2002, report issued by the Univer25 sity of California at Berkeley found that of more 
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1 than 3200 foster care youth who attended a commu2 nity college from 1992 through 2000, 39 percent 

3 earned between 1 and 17 credits. Forty percent of 

4 the foster care youth earned no credits. Many did 

5 not attempt to take classes for credit, but rather 

6 were enrolled in remedial or other non-credit classes. 

7 SEC. 3. FOSTER CARE YOUTH OUTREACH AND HOUSING 

8 SERVICES. 

9 Subpart 2 of part A of title IV of the Higher Edu10 cation Act of 1965 is amended by adding at the end the 

11 following new chapter: 

12 ‘‘CHAPTER 4—FOSTER CARE YOUTH 

13 OUTREACH AND HOUSING SERVICES 

14 ‘‘SEC. 408A. TECHNICAL ASSISTANCE AND SUPPORT SERV15 ICES. 

16 ‘‘(a) PROGRAM AUTHORIZED.—From the amounts 

17 appropriated under section 408E(a), the Secretary shall 

18 provide competitive grants to public and private institu19 tions of higher education to provide technical assistance 

20 and supportive services to foster care youth who are pro21 spective students to prepare for, enter, and remain in such 

22 institutions. 

23 ‘‘(b) AUTHORIZED SERVICES.—Funds provided 

24 under this section may be used to provide—

25 ‘‘(1) academic counseling; 
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1 ‘‘(2) college financial-aid counseling; and 

2 ‘‘(3) other appropriate support services in3 tended to improve the delivery of services to foster 

4 care youth. 

5 ‘‘(c) APPLICATIONS.—An institution seeking a grant 

6 under this section shall submit an application to the Sec7 retary. Such application shall—

8 ‘‘(1) contain assurances that the applicant 

9 will—

10 ‘‘(A) evaluate—

11 ‘‘(i) the extent to which the institu12 tion’s current programs are meeting the 

13 needs of foster care youth; and 

14 ‘‘(ii) how the institution’s outreach 

15 and retention services can be improved; 

16 ‘‘(B) report to the Secretary on current 

17 and expanded services and efforts to increase 

18 the number of foster care youth who attend the 

19 institution and remain in school to earn a de20 gree or certificate; 

21 ‘‘(C) expand representation on student 

22 body governing boards to include at least one 

23 former foster care youth that will serve to ad24 vise the institution on student life issues, with 

25 particular attention to the unique barriers for 
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1 foster care youth in accessing and completing 

2 postsecondary education; and 

3 ‘‘(D) coordinate with the State social serv4 ices and child welfare departments in order to 

5 facilitate the outreach and technical assistance 

6 efforts for prospective students who are foster 

7 care youth; and 

8 ‘‘(2) contain such additional information and 

9 assurances as the Secretary may require. 

10 ‘‘(d) SELECTION OF APPLICANTS.—The Secretary 

11 shall select institutions of higher education for the award 

12 of grants under this section on the basis of identifying 

13 those institutions that are most likely to be able to suc14 cessfully carry out the program under this section and 

15 serve the goal of expanding higher educational opportuni16 ties for foster care youth. 

17 ‘‘SEC. 408B. HOUSING FOR FOSTER CARE YOUTH. 

18 ‘‘(a) GRANTS AUTHORIZED.—From the amounts ap19 propriated under section 408E(b), the Secretary shall pro20 vide grants to institutions of higher education to ensure 

21 basic housing during the regular academic school year, in22 cluding interim housing during regular periods of dor23 mitory closing (excluding summer break), for those foster 

24 care youth living in college dormitories. 
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1 ‘‘(b) APPLICATIONS.—An institution seeking a grant 

2 under this section shall submit an application to the Sec3 retary containing such information as the Secretary may 

4 require. 

5 ‘‘(c) SELECTION OF APPLICANTS.—The Secretary 

6 shall select institutions of higher education for the award 

7 of grants under this section on the basis of identifying 

8 those institutions that are most likely to be able to suc9 cessfully carry out the program under this section and 

10 serve the goal of expanding higher educational opportuni11 ties for foster care youth. 

12 ‘‘SEC. 408C. COORDINATION. 

13 ‘‘(a) COORDINATION WITH THE JOHN H. CHAFEE

14 FOSTER CARE INDEPENDENCE PROGRAM.—The Sec15 retary shall ensure that activities under this chapter are 

16 coordinated with programs under section 477(i) of the So17 cial Security Act (42 U.S.C. 6383). 

18 ‘‘(b) COORDINATION WITH TRIO AND GEARUP.—

19 Each recipient of funds under the programs authorized 

20 by chapters 1 and 2 of this subpart shall identify services 

21 to foster care youth as a permissible service in those pro22 grams, and ensure that such youth receive supportive serv23 ices, including mentoring, tutoring, and other services pro24 vided by those programs. 
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1 ‘‘SEC. 408D. ELIGIBLE FOSTER CARE YOUTH. 

2 ‘‘(a) IN GENERAL.—An individual shall be treated as 

3 a foster care youth eligible for services and benefits under 

4 this chapter if such individual is—

5 ‘‘(1) a youth for whom the State or an entity 

6 licensed by the State has responsibility for place7 ment, care, or supervision, and includes youth in fos8 ter homes, group homes, or kinship care; or 

9 ‘‘(2) a high school senior or student currently 

10 enrolled in a postsecondary education program who 

11 is older than 18 years old and is no longer living 

12 with his or her foster family, as long as he or she 

13 was under State care until age 18. 

14 ‘‘(b) KINSHIP CARE.—For a youth to be eligible as 

15 receiving kinship care, the State or an entity licensed by 

16 the State must have intervened on the youth’s behalf and 

17 a court of competent jurisdiction must have issued a court 

18 order of dependency and the court order or the State or 

19 the entity licensed by the State must have placed the 

20 youth in legal kinship care. A youth who is residing with 

21 his or her relatives in any other type of situation is not 

22 eligible as receiving kinship care. 

23 ‘‘SEC. 408E. AUTHORIZATION. 

24 ‘‘(a) TECHNICAL ASSISTANCE AND OUTREACH SERV25 ICES.—There are authorized to be appropriated for grants 

26 under section 408A, such sums as may be necessary for 
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1 fiscal year 2006 and for each of the 5 succeeding fiscal 

2 years. 

3 ‘‘(b) HOUSING FOR FOSTER CARE YOUTH.—There 

4 are authorized to be appropriated for grants under section 

5 408B, such sums as may be necessary for fiscal year 2006 

6 and for each of the 5 succeeding fiscal years.’’. 

7 SEC. 4. FAIR TREATMENT FOR FOSTER CARE YOUTH IN FI8 NANCIAL NEED ANALYSIS. 

9 (a) SIMPLIFYING FOR STUDENTS WITH SPECIAL

10 CIRCUMSTANCES.—Section 480 of the Higher Education 

11 Act of 1965 (20 U.S.C. 1087vv) is amended by striking 

12 subsection (d) and inserting the following: 

13 ‘‘(d) INDEPENDENT STUDENT.—

14 ‘‘(1) DEFINITION.—The term ‘‘independent’’, 

15 when used with respect to a student, means any in16 dividual who—

17 ‘‘(A) is 24 years of age or older by Decem18 ber 31 of the award year; 

19 ‘‘(B) is an orphan, in foster care, or a 

20 ward of the court, or was in foster care or a 

21 ward of the court until the individual reached 

22 the age of 18; 

23 ‘‘(C) is an emancipated youth as defined 

24 by his or her state of legal residence or is in 
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1 legal guardianship as defined by section 475(7) 

2 of the Social Security Act; 

3 ‘‘(D) is a veteran of the Armed Forces of 

4 the United States (as defined in subsection 

5 (c)(1)); 

6 ‘‘(E) is a graduate or professional student; 

7 ‘‘(F) is a married individual; 

8 ‘‘(G) has legal dependents other than a 

9 spouse; or 

10 ‘‘(H) is a student for whom a financial aid 

11 administrator makes a documented determina12 tion of independence by reason of unusual cir13 cumstances. 

14 ‘‘(2) SIMPLIFYING THE DEPENDENCY OVER15 RIDE PROCESS.—Nothing in this subsection shall 

16 prohibit a financial aid administrator to make a de17 termination of independence under paragraph 

18 (1)(H) based upon a documented determination of 

19 independence under such paragraph previously made 

20 by another financial aid administrator in the same 

21 application year.’’. 

22 (b) TAILORING ELECTRONIC APPLICATIONS FOR

23 STUDENTS WITH SPECIAL CIRCUMSTANCES.—Section 

24 483(a) of the Higher Education Act (20 U.S.C. 1090(a)) 
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1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(8) APPLICATIONS FOR STUDENTS SEEKING A

4 DOCUMENTED DETERMINATION OF INDEPEND5 ENCE.—In the case of dependent students seeking a 

6 documented determination of independence by a fi7 nancial aid administrator, as defined by section 

8 480(d), nothing in this section shall prohibit the 

9 Secretary from —

10 ‘‘(A) allowing such students to indicate 

11 their special circumstance on an electronic form 

12 developed pursuant for this section; 

13 ‘‘(B) collecting and processing on a pre14 liminary basis data provided by such students 

15 using the electronic forms developed pursuant 

16 for this section; and 

17 ‘‘(C) distributing such data to institutions 

18 of higher education, guaranty agencies, and 

19 States for the purposes of processing loan appli20 cations and determining need and eligibility for 

21 institutional and State financial aid awards on 

22 a preliminary basis, pending a documented de23 termination of independence by a financial aid 

24 administrator.’’.

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