BILL NUMBER: AB 131	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 30, 2011
	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   Lara,   and V. Manuel Pérez
 )
   (Principal  coauthor:   Senator 
 De León   coauthors:   Senators 
 Alquist,   Calderon,   and De León  )
   (Coauthors: Assembly Members Allen, Ammiano,  Atkins, 
 Beall,   Block,   Blumenfield,  Bonilla,
 Bradford,   Brownley,   Charles M. Calderon,
 Campos,  Davis,  Eng, Fong, Fuentes, Furutani, 
Gordon,   Hueso,  Bonnie Lowenthal, Mendoza, 
Mitchell,  Monning,  Pan,   Perea,   John A.
Pérez,  Portantino,  Solorio,   Wieckowski,
  Williams,  and Yamada)
   (Coauthors: Senators  Correa,   Evans,  Hancock,
 Hernandez,   Lowenthal,  Padilla,  Price,
 and Yee)

                        JANUARY 11, 2011

   An act to amend  Sections 68130.5 and  
Section  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 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 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   January 1, 2013  , 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 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 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 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 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   January 1, 2013  .
   (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   January 1,
2013  , would require community college districts to waive the
fees of 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
  January 1, 2013  . 
  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.   SEC. 2.   Section 68130.7 of
the Education Code is amended to read:
   68130.7.  If a state court finds that 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 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.   SEC. 3.   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 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 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
  January 1, 2013  .
   SEC. 5.   SEC. 4.   Section 76300.5 is
added to the Education Code, to read:
   76300.5.  (a) A district shall waive the fees of a 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
  January 1, 2013  .
   SEC. 6.   SEC. 5.   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.