Amended in Assembly April 24, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2000


Introduced by Assembly Member Gomez

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(Coauthors: Assembly Members Fong and Quirk-Silva)

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(Coauthors: Senators Block and Padilla)

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February 20, 2014


An act to amend Section 68130.5 of the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

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

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

This bill would provide that a studentbegin delete couldend deletebegin insert mayend insert qualify for exemption from nonresident tuition pursuant to the above-referenced provision either by high school attendance in California for 3 or more years or by attainment ofbegin delete high schoolend delete creditsbegin insert from a California high schoolend insert equivalent to 3 or more years of full-time high school coursework, in addition to the other conditions referenced above.

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.

(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.

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:

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SECTION 1.  

Section 68130.5 of the Education Code is
2amended to read:

3

68130.5.  

Notwithstanding any otherbegin delete provision ofend delete law:

4(a) A student, other than a nonimmigrant alien within the
5meaning of paragraph (15) of subsection (a) of Section 1101 of
6Title 8 of the United States Code, who meets all of the following
7requirements shall be exempt from paying nonresident tuition at
8the California State University and the California Community
9Colleges:

10(1) High school attendance in California for three or more years,
11or attainment ofbegin delete high schoolend delete creditsbegin insert from a California high schoolend insert
12 equivalent to three or more years of full-time high school
13coursework.

14(2) Graduation from a California high school or attainment of
15the equivalent thereof.

16(3) Registration as an entering student at, or current enrollment
17at, an accredited institution of higher education in California not
18earlier than the fall semester or quarter of the 2001-02 academic
19year.

20(4) In the case of a person without lawful immigration status,
21the filing of an affidavit with the institution of higher education
22stating that the student has filed an application to legalize his or
P3    1her immigration status, or will file an application as soon as he or
2she is eligible to do so.

3(b) A student exempt from nonresident tuition under this section
4may be reported by a community college district as a full-time
5equivalent student for apportionment purposes.

6(c) The Board of Governors of the California Community
7Colleges and the Trustees of the California State University shall
8prescribe rules and regulations for the implementation of this
9section.

10(d) Student information obtained in the implementation of this
11section is confidential.

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SEC. 2.  

If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



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