BILL ANALYSIS �
AB 131
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CONCURRENCE IN SENATE AMENDMENTS
AB 131 (Cedillo)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |50-27|(June 1, 2011) |SENATE: |23-11|(August 31, |
| | | | | |2011) |
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Original Committee Reference: HIGHER ED.
SUMMARY : Establishes the California Dream Act, expanding
eligibility for financial aid, beginning January 1, 2013, to
students who qualify the existing exemption from non-resident
tuition established by AB 540 (Firebaugh, Chapter 814, Statutes
of 2001). Specifically, this bill :
1) Requests the University of California (UC) and requires that
the California
State University (CSU) and the Board of Governors of the
California Community Colleges (CCC), and the California
Student Aid Commission, establish procedures and forms to
enable AB 540 students to be eligible to apply for and
participate in all student financial aid administered by
these segments.
2) Expands eligibility for state-administered student financial
aid programs to
include AB 540 students.
3) Requires the CCCs to waive the student fees of any AB 540
students who would otherwise qualify for such a waiver, as
specified.
The Senate amendments delay implementation from July 1, 2012, to
January 1, 2013, and delete language expanding the AB 540
exemption to students who graduate from technical schools and
adult schools.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Assembly.
FISCAL EFFECT : According to the Senate Appropriations
Committee, ongoing General Fund costs of $23-$40 million
AB 131
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annually. CCC costs will count toward meeting the Proposition
98 minimum guarantee.
COMMENTS : Current law (Education Code Section 68130,
established by AB 540) exempts specified California nonresidents
from paying nonresident tuition at UC, CSU and the CCCs if they
meet all of the following:
1) Attended a California high school for three or more years.
2) Graduated from a California high school or attained an
equivalent degree.
3) Registered or attended an accredited California higher
education institution not before fall of the 2001-02
academic year.
4) Filed an affidavit, if an alien without lawful immigration
status, stating that the student has filed an application
to legalize their immigration status or will file such an
application as soon as they are eligible to so do.
In general, these students are not currently eligible for
federal, state and/or campus-based financial aid.
The majority of student financial aid is provided through either
federal or state administered programs (e.g., Pell grants, which
is a federal program, or Cal Grants, which is a state program).
However, in addition to this aid, individual campuses also
directly administer some financial aid programs including
specialized grants, loans and work study as well as aid derived
from student fees (typically 20%- 30% of student fee revenue is
set aside for institutional financial aid at UC and CSU). This
bill would make AB 540 students eligible for Cal Grants,
institutional aid at the UC and CSU, Board of Governors fee
waivers at the community colleges, and any other state
administered programs.
This bill specifically provides that the number of awards
received by California residents through campus-administered
programs not be diminished as a result of expanding access to
these programs to include AB 540 students. While the number of
institutional aid awards cannot be diminished, the bill could
result in a change in the mix of recipients and a change in the
amounts received by students. This bill also makes provision
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for AB 540 students to be eligible for Competitive Cal Grant A
and B awards once all California students have received an
award. Given that demand for the Competitive Cal Grant far
exceeds the amount of funding typically provided it is unlikely
that AB 540 students would receive funds from this program.
Analysis prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0002437