BILL NUMBER: SB 1 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 12, 2007
PASSED THE ASSEMBLY SEPTEMBER 11, 2007
AMENDED IN ASSEMBLY SEPTEMBER 11, 2007
AMENDED IN ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY JULY 2, 2007
AMENDED IN SENATE MARCH 7, 2007
INTRODUCED BY Senator Cedillo
(Principal coauthor: Assembly Member Nunez)
(Coauthors: Senators Calderon, Ducheny, Oropeza, Padilla, Romero,
Wiggins, and Yee)
(Coauthors: Assembly Members Arambula, Brownley, Caballero, Coto,
De Leon, Eng, Hernandez, Jones, Leno, Mendoza, Parra, Saldana, Soto,
and Torrico)
DECEMBER 4, 2006
An act to add Sections 66021.6, 69508.5, and 76300.5 to the
Education Code, relating to student financial aid.
LEGISLATIVE COUNSEL'S DIGEST
SB 1, Cedillo. Student financial aid: eligibility: California
Dream Act.
(1) 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.
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 amend the Donahoe Higher Education Act to require
the Trustees of the California State University and the Board of
Governors of the California Community Colleges, and request the
Regents of the University of California, to establish procedures and
forms that enable persons who are exempt from paying nonresident
tuition under this provision, or who meet equivalent requirements
adopted by the regents, to be eligible to receive student aid awards
from private entities that are administered by these segments. The
bill would declare that this provision is a state law within the
meaning of a federal statute that permits a state to only provide an
alien who is not lawfully present in the United States with
eligibility for a state or local public benefit through the enactment
of a state law affirmatively providing for that eligibility. This
provision would apply to the University of California only if the
regents, by appropriate resolution, act to make it applicable.
This bill would also provide that persons who are exempt under
these requirements, or who meet equivalent requirements adopted by
the regents, are eligible to apply for, and participate in, any
student financial aid program administered by the State of
California, except the Competitive Cal Grant A and B award program.
The bill would declare that this provision is a state law within the
meaning of a federal statute that permits a state to only provide an
alien who is not lawfully present in the United States with
eligibility for a state or local public benefit through the enactment
of a state law affirmatively providing for that eligibility.
(2) 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 would require community college districts to waive the
fees of persons who are exempt from nonresident tuition under the
provision described in (1), 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.
(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, 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.
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.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) 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.
(2) The community college fee waiver standards are not competitive
grants and are based upon the federal income guidelines.
(3) Student aid pursuant to Sections 69434 and 69435 of the
Education Code is not competitive and allows academically and
financially eligible California high school graduates to apply for a
grant.
(4) Increased access to financial aid for all students in
California's universities and colleges increases the state's
collective productivity and economic growth.
(5) 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 that are deemed to be in financial need be eligible
for financial aid.
(6) It is the intent of the Legislature to fully utilize student
aid programs to encourage qualified California high school graduates
to attend a postsecondary institution.
(b) It is, therefore, the intent of the Legislature to address
these issues by enacting the California Dream Act.
SEC. 3. Section 66021.6 is added to the Education Code, to read:
66021.6. Notwithstanding any other law, 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 be eligible to receive student aid awards
from private entities that are administered by these segments. The
Legislature finds and declares that this section is a state law
within the meaning of Section 1621(d) of Title 8 of the United States
Code.
SEC. 4. Section 69508.5 is added to the Education Code, to read:
69508.5. Notwithstanding any other law, a person who is exempt
from paying nonresident tuition under Section 68130.5, or who meets
equivalent requirements adopted by the Regents of the University of
California, is eligible to apply for, and participate in, any student
financial aid program administered by the State of California,
except the Competitive Cal Grant A and B award program established
pursuant to Section 69437. The Legislature finds and declares that
this section is a state law within the meaning of Section 1621(d) of
Title 8 of the United States Code.
SEC. 5. Section 76300.5 is added to the Education Code, to read:
76300.5. 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 Section 1621(d) of Title 8 of the United States
Code.
SEC. 6. 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.