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 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 student may 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 bybegin insert either elementary or secondary school attendance, or both, in California for a total of 3 or more years andend insert attainment of credits earned in California from a California high school 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:
Section 68130.5 of the Education Code is
2amended to read:
Notwithstanding any other 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) Satisfaction of either of the following:
end insert11(1)
end delete
12begin insert(A)end insert High school attendance in California for three or morebegin delete years, begin insert years.end insert
13or attainmentend delete
14begin insert (B)end insertbegin insert end insertbegin insertAttainmentend insert of credits earned in California from a California
15high school equivalent to three or more years of full-time high
16school courseworkbegin insert and a total of three or more years of attendance
P3 1in California
elementary schools, California secondary schools,
2or a combination of those schoolsend insert.
3(2) Graduation from a California high school or attainment of
4the equivalent thereof.
5(3) Registration as an entering student at, or current enrollment
6at, an accredited institution of higher education in California not
7earlier than the fall semester or quarter of the 2001-02 academic
8year.
9(4) In the case of a person without lawful immigration status,
10the filing of an affidavit with the institution of higher education
11stating that the student has filed an application to legalize his or
12her immigration status, or will file an application as soon as he or
13she is eligible to do so.
14(b) A student exempt from nonresident tuition under this section
15may be reported by a community college district as a full-time
16equivalent student for apportionment purposes.
17(c) The Board of Governors of the California Community
18Colleges and the Trustees of the California State University shall
19prescribe rules and regulations for the implementation of this
20section.
21(d) Student information obtained in the implementation of this
22section is confidential.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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