BILL NUMBER: AB 131	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Cedillo
   (Principal coauthors: Assembly Members Alejo, Roger Hernández, and
Lara)
   (Principal coauthor: Senator De León)
   (Coauthors: Assembly Members Allen, Ammiano, Bonilla, Campos, Eng,
Fong,  Fuentes,  Furutani, Bonnie Lowenthal, Mendoza,
Monning,  John A. Pérez,  and Yamada)
   (Coauthors: Senators Hancock, Padilla, and Yee)

                        JANUARY 11, 2011

   An act to amend Sections 68130.5 and 68130.7 of, and to add
Sections 66021.6, 69508.5, and 76300.5 to, the Education Code,
relating to student financial aid.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 131, as amended, Cedillo. Student financial aid.
   (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  
student  , 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 exempt a student 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. The bill would include  persons
  students  attending and graduating from
California technical schools and adult schools, as well as high
schools.
   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   students  who are exempt from
paying nonresident tuition under the above-described provision, 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.
   This bill would provide that  persons  
students  who are exempt from paying nonresident tuition under
the above provision, 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
to the full extent permitted by federal law. This bill would require
the Student Aid Commission to establish procedures and forms that
enable those  persons   students  who are
exempt from paying nonresident tuition under the above provision to
apply for, and participate in, all student financial aid programs
administered by the State of California to the full extent permitted
by federal law. This bill would prohibit  persons 
 students  who are exempt from paying nonresident tuition
under the provision described above from being eligible for
Competitive Cal Grant A and B Awards unless specified conditions are
met. The bill would make these provisions operative as of July 1,
2012.
   (2) 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  
students  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.  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 Section 1621(d) 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. 2.  Section 68130.5 of the Education Code is amended 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 a 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 student without lawful immigration status,
the filing of an affidavit with the campus of the California State
University or the community college district 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.
  SEC. 3.  Section 68130.7 of the Education Code is amended to read:
   68130.7.  If a state court finds that  Sections 
 Section  66021.6, 66021.7, or 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 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 
Sections   Section  66021.6, 66021.7, or 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. 4.  Section 69508.5 is added to the Education Code, to read:
   69508.5.  (a) Notwithstanding any other law, and except as
provided for in subdivision (c), a  person  
student  who meets the requirements of subdivision (a) of
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 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) Notwithstanding any other law, the Student Aid Commission
shall establish procedures and forms that enable  persons
  students  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
financial aid programs administered by the State of California to
the full extent permitted by federal law.
   (c) A student who is exempt from paying nonresident tuition under
Section 68130.5 shall not be eligible for Competitive Cal Grant A and
B Awards unless funding remains available after all California
students not exempt pursuant to Section 68130.5 have received
Competitive Cal Grant A and B Awards that they are eligible for.
   (d) This section shall become operative on July 1, 2012.
  SEC. 5.  Section 76300.5 is added to the Education Code, to read:
   76300.5.  (a) A district shall waive the fees of a  person
  student  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.
   (b) This section shall become operative on July 1, 2012.
  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.