Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2000

Introduced by Assembly Member Gomez

February 20, 2014

An act to begin delete add Section 68130.8 to end delete begin insert amend Section 68130.5 of end insert the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2000, as amended, Gomez. Public postsecondary education: exemption from nonresident tuition.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law begin delete requires end delete begin insert provides end insert 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 an affidavit as specified, is exempt from paying nonresident tuition at the California Community Colleges and the California State University.

This bill would provide that a begin delete student’s end delete begin insert student could end insert begin insert qualify for end insert exemption from nonresident tuition begin delete for an academic year end delete pursuant to the above-referenced provision begin delete is to be determined solely on the basis of the criteria in that provision and not affected by a change in that student’s immigration or residency status in a subsequent academic year. The bill would express a legislative finding and declaration that its provisions are declaratory of existing law. end delete begin insert either by high school attendance in California for 3 or more years or by attainment of high school credits equivalent to 3 or more years of full-time high school coursework, in addition to the other conditions referenced above. end insert

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Because this bill would require community college districts to determine whether students qualify for exemption from nonresident tuition, it would constitute a state-mandated local program.

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(2) 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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 68130.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin delete years. end delete
begin insert years, or attainment of high school credits equivalent to three or
more years of full-time high school coursework. end insert

(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.

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begin insert SEC. 2. end insert   

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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.

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SECTION 1.  

Section 68130.8 is added to the Education Code,
to read:

68130.8.  

A student’s exemption from nonresident tuition for
an academic year pursuant to Section 68130.5 shall be determined
solely on the basis of the criteria in Section 68130.5, and shall not
be affected by a change in that student’s immigration or residency
status in a subsequent academic year.

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SEC. 2.  

The Legislature finds and declares that Section 68130.8
of the Education Code, as added by Section 1 of this act, is
declaratory of existing law.

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