AB 130, as introduced, Cedillo. Student financial aid:
eligibility: California Dream Act of 2011.
(1) Existing law requires that a person, other than a nonimmigrant
alien, as defined, who has attended high school in California for 3
or more years, who has graduated from a California high school or
attained the equivalent thereof, who has registered at or attends an
accredited institution of higher education in California not earlier
than the fall semester or quarter of the 2001-02 academic year, and
who, if he or she is an alien without lawful immigration status, has
filed a prescribed affidavit, is exempt from paying nonresident
tuition at the California Community Colleges and the California State
University.
This bill would enact the California Dream Act of 2011. The bill,
as of July 1, 2011, would exempt a person who has attended, for 3 or
more years, at least one of which shall have been in a high school,
and graduated from, secondary school in California from paying
nonresident tuition at the California Community Colleges and the
California State University. Under the bill, persons attending and
graduating from California technical schools and adult schools, as
well as high schools, would be included within the scope of this
provision.
(2) The Donahoe Higher Education Act sets forth, among other
things, the missions and functions of California's public and
independent segments of higher education, and their respective
institutions of higher education. Provisions of the act apply to the
University of California only to the extent that the Regents of the
University of California, by appropriate resolution, act to make a
provision applicable.
In any action in which a state court finds that a specified law,
or any similar provision adopted by the regents, is unlawful,
existing law authorizes the court to order the administering entity
that is the subject of the lawsuit to terminate any waiver awarded
under that statute or action, as equitable relief, prohibits the
award of money damages, tuition refund or waiver, or other
retroactive relief, and provides that the California Community
Colleges, the California State University, and the University of
California are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief in a
lawsuit.
This bill would amend the Donahoe Higher Education Act, as of July
1, 2012, to require the Trustees of the California State University
and the Board of Governors of the California Community Colleges, and
to request the regents, to establish procedures and forms that enable
persons who are exempt from paying nonresident tuition under the
provision described in (1) above, or who meet equivalent requirements
adopted by the regents, to apply for, and participate in, all
student aid programs administered by these segments to the full
extent permitted by federal law, except as provided. This provision
would apply to the University of California only if the regents, by
appropriate resolution, act to make it applicable. If a state court
finds that this provision adopted by the regents, is unlawful, this
bill would provide that the same limitations described above would
apply.
This bill would further provide that, on and after January 1,
2012, a student attending the California State University, the
California Community Colleges, or the University of California who is
exempt from paying nonresident tuition under the provision described
above would be eligible to receive a scholarship derived from
nonstate funds received, for the purpose of scholarships, by the
segment at which he or she is a student.
Existing federal law requires that a state may provide that an
alien who is not lawfully present in the United States is eligible
for any state or local public benefit for which that alien would
otherwise be ineligible under a specified federal law only through
enactment of a state law that affirmatively provides for that
eligibility.
This bill would find and declare that the amendments to the
Donahoe Higher Education Act described above are state laws within
the meaning of this federal provision.
(3) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction, for prescribed fees, at community college campuses
throughout the state. Existing law authorizes the waiver of these
fees for, among others, students who are eligible under income
standards established by the board of governors.
This bill, as of July 1, 2012, would require community college
districts to waive the fees of persons who are exempt from
nonresident tuition under the provision described in (1) above, and
who otherwise qualify for a waiver under this provision, under
regulations and procedures adopted by the board of governors. Because
the bill would impose new duties on community college districts with
respect to determining eligibility for fee waivers, the bill would
constitute a state-mandated local program.
(4) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Dream Act of 2011.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) It is the intent of the Legislature that all students who are
exempt from nonresident tuition pursuant to Section 68130.5 of the
Education Code and that are deemed to be in financial need shall be
eligible for all financial aid.
(2) Section 66021.6 of the Education Code, as added by Section 3
of this act, does not grant these pupils any advantage over the
student population as a whole in determining who qualifies for, or
receives, financial aid.
(3) Increased access to financial aid for all students in
California's universities and colleges increases the state's
collective productivity and economic growth.
(b) It is, therefore, the intent of the Legislature to address
these issues by enacting the California Dream Act of 2011.
SEC. 3. Section 66021.6 is added to the Education Code, to read:
66021.6. (a) Notwithstanding any other law, and except as
provided for in subdivision (b), the Trustees of the California State
University and the Board of Governors of the California Community
Colleges shall, and the Regents of the University of California are
requested to, establish procedures and forms that enable persons who
are exempt from paying nonresident tuition under Section 68130.5, or
who meet equivalent requirements adopted by the regents, to apply
for, and participate in, all student aid programs administered by
these segments to the full extent permitted by federal law. The
Legislature finds and declares that this section is a state law
within the meaning of subsection (d) of Section 1621 of Title 8 of
the United States Code.
(b) The number of financial aid awards received by California
resident students from financial aid programs administered by the
segments shall not be diminished as a result of the application of
subdivision (a). The University of California is requested to comply
with this subdivision.
(c) This section shall become operative on July 1, 2012.
SEC. 4. Section 66021.7 is added to the Education Code, to read:
66021.7. Notwithstanding any other law, on and after January 1,
2012, a student attending the California State University, the
California Community Colleges, or the University of California who is
exempt from paying nonresident tuition under Section 68130.5 shall
be eligible to receive a scholarship that is derived from nonstate
funds received, for the purpose of scholarships, by the segment at
which he or she is a student. The Legislature finds and declares that
this section is a state law within the meaning of subsection (d) of
Section 1621 of Title 8 of the United States Code.
SEC. 5. Section 68130.5 of the Education Code is amended to read:
68130.5. Notwithstanding any other provision of
law:
(a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
(1) High school attendance in California for three or more years.
(2) Graduation from a California high school or attainment of the
equivalent thereof.
(3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
(4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
(b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
(d) Student information obtained in the implementation of this
section is confidential.
(e) This section shall remain in effect only until July 1, 2012,
and as of that date is replealed, unless a later enacted statute,
that is enacted before July 1, 2012, deletes or extends that date.
SEC. 6. Section 68130.5 is added to the Education Code, to read:
68130.5. Notwithstanding any other law:
(a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
(1) Secondary school attendance in California for three or more
years, at least one year of which shall have been at high school.
(2) Graduation from a California secondary school or attainment of
the equivalent thereof.
(3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
(4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
(b) A student exempt from nonresident tuition under this section
may be reported by a community college district as a full-time
equivalent student for apportionment purposes.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
(d) Student information obtained in the implementation of this
section is confidential.
(e) This section shall become operative on July 1, 2012.
SEC. 7. Section 68130.7 of the Education Code is amended to read:
68130.7. If a state court finds that Section
Sections 66021.6 and 68130.5, or any similar provision
adopted by the Regents of the University of California, is unlawful,
the court may order, as equitable relief, that the administering
entity that is the subject of the lawsuit terminate any waiver
or eligibility awarded under that statute or provision, but no
money damages, tuition refund or waiver, or other retroactive relief,
may be awarded. In any action in which the court finds that
Section Sections 66021.6 and 68130.5, or any
similar provision adopted by the Regents of the University of
California, is unlawful, the California Community Colleges, the
California State University, and the University of California are
immune from the imposition of any award of money damages, tuition
refund or waiver, or other retroactive relief.
SEC. 8. Section 76300.5 is added to the Education Code, to read:
76300.5. (a) A district shall waive the fees of a person who is
exempt from paying nonresident tuition under Section 68130.5, and who
otherwise qualifies for a waiver under Section 76300, under
regulations and procedures adopted by the board of governors. The
Legislature finds and declares that this section is a state law
within the meaning of subsection (d) of Section 1621 of Title 8 of
the United States Code.
(b) This section shall become operative on July 1, 2012.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
|
03-07-2011, 08:11 AM
DREAM Act Bills In Committe 3-15-11 (Cedillo)
Linear Mode
