Amended in Senate August 18, 2014

Amended in Senate June 18, 2014

Amended in Assembly May 23, 2014

Amended in Assembly May 5, 2014

Amended in Assembly April 10, 2014

Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2160


Introduced by Assembly Member Ting

(Principal coauthor: Senator Hill)

(Coauthors: Assembly Members Ammiano, Brown, Campos, Chávez, Gonzalez, and Maienschein)

(Coauthors: Senators Cannella,begin insert Correa,end insert Evans, and Padilla)

February 20, 2014


An act to amend Section 69432.9 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2160, as amended, Ting. Cal Grant Program: grade point average.

The Cal Grant Program establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Cal Grant Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions.

A provision of the program specifies that the commission shall require that a grade point average be submitted, as specified, to the commission for Cal Grant A and B applicants, except for those applicants permitted to provide test scores in lieu of a grade point average.

This bill would require that, except for pupils who opt out, as specified, each pupil enrolled in grade 12 be deemed a Cal Grant applicant. The bill wouldbegin delete require, except for pupils who have opted out, as specified,end deletebegin insert requireend insert that a grade point average bebegin insert submitted for all Cal Grant A and B applicants, andend insert submitted electronically for all grade 12 pupils at public schools, including charter schools, each academic year,begin delete and all other Cal Grant A and B applicants, except those permitted, at the discretion of the commission, to submit a grade point average in a nonelectronic format or to provide test scores in lieu of a grade point average, andend deletebegin insert except for pupils who have opted out, as specified, and wouldend insert provide that grade point averages submitted shall be subject to review by the commission or its designee. The bill would require the school district or charter school, no later than October 15 of a pupil’s grade 12 academic year, to notify, in writing,begin delete the parent or guardian of each grade 12 pupilend deletebegin insert each grade 12 pupil and his or her parent or guardianend insert that the pupil will be deemed a Cal Grant applicant unless the pupilbegin insert isend insertbegin delete optsend deletebegin insert optedend insert out, andbegin delete provide an opportunity for that pupil to opt outend deletebegin insert would specify a procedure for opting outend insert. To the extent that these provisions would impose new duties on local educational agencies and community college districts, they would constitute a state-mandated local program.

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:

P2    1

SECTION 1.  

Section 69432.9 of the Education Code is
2amended to read:

P3    1

69432.9.  

(a) A Cal Grant applicant shall submit a complete
2official financial aid application pursuant to Section 69433 and
3applicable regulations adopted by the commission. Each pupil
4enrolled in grade 12 in a California public school,begin insert including a
5charter school,end insert
other than pupils who opt out as provided in
6subdivision (d), shall be deemed to be a Cal Grant applicant.

7(b) Financial need shall be determined to establish an applicant’s
8initial eligibility for a Cal Grant award and a renewing recipient’s
9continued eligibility using the federal financial need methodology
10pursuant to subdivision (a) of Section 69506 and applicable
11regulations adopted by the commission, and as established by Title
12IV of the federal Higher Education Act of 1965, as amended (20
13U.S.C. Secs. 1070 et seq.).

14(1) “Expected family contribution,” with respect to an applicant
15or renewing recipient, shall be determined using the federal
16methodology pursuant to subdivision (a) of Section 69506 (as
17established by Title IV of the federal Higher Education Act of
181965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable
19rules and regulations adopted by the commission.

20(2) “Financial need” means the difference between the student’s
21cost of attendance as determined by the commission and the
22expected family contribution. The calculation of financial need
23shall be consistent with Title IV of the federal Higher Education
24Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.).

25(3) (A) The minimum financial need required for receipt of an
26initial and renewal Cal Grant A or C award shall be no less than
27the maximum annual award value for the applicable institution,
28plus an additional one thousand five hundred dollars ($1,500) of
29financial need.

30(B) The minimum financial need required for receipt of an initial
31and renewal Cal Grant B award shall be no less than seven hundred
32dollars ($700).

begin delete

33(c) (1) Except for pupils who have opted out as provided in
34subdivision (d), the commission shall require that a grade point
35average be submitted electronically for all grade 12 pupils at public
36schools, including charter schools, each academic year, and for all
37other Cal Grant A and B applicants, except those permitted, at the
38discretion of the commission, to submit a grade point average in
39a nonelectronic format or to provide test scores in lieu of a grade
40point average.

end delete
begin delete

P4    1(2) The commission shall require that each report of a grade
2point average be submitted by a school or school district official,
3with a certification by a school official, under penalty of perjury,
4that the grade point average reported is accurately reported. A
5submitted grade point average shall be subject to review by the
6commission or its designee.

end delete
begin delete

7(3) The commission shall adopt regulations that establish a grace
8period for receipt of the grade point average and any appropriate
9corrections, and that set forth the circumstances under which a
10student may submit a specified test score designated by the
11commission, by regulation, in lieu of submitting a qualifying grade
12point average. It is the intent of the Legislature that high schools
13and institutions of higher education certify the grade point averages
14of their students in time to meet the application deadlines imposed
15by this chapter.

end delete
begin delete

16(d) The school district or charter school shall, no later than
17October 15 of a pupil’s grade 12 academic year, notify, in writing,
18the parent or guardian of each grade 12 pupil that, pursuant to
19subdivision (a), the pupil will be deemed a Cal Grant applicant
20unless the pupil opts out, and provide an opportunity for that pupil
21to opt out of being automatically deemed a Cal Grant applicant.

end delete
begin insert

22(c) (1) The commission shall require that a grade point average
23be submitted to it for all Cal Grant A and B applicants, except for
24those permitted to provide test scores in lieu of a grade point
25average.

end insert
begin insert

26(2) The commission shall require that a grade point average be
27submitted to it electronically for all grade 12 pupils at public
28schools, including charter schools, each academic year, except
29for pupils who have opted out as provided in subdivision (d). Social
30security numbers shall not be included in the information submitted
31to the commission. However, if the commission determines that a
32social security number is required to complete the application for
33financial aid, the school, school district, or charter school may
34obtain permission from the parent or guardian of the pupil, or the
35pupil, if he or she is 18 years of age, to submit the pupil’s social
36security number to the commission.

end insert
begin insert

37(3) The commission shall require that each report of a grade
38point average include a certification, executed under penalty of
39perjury, by a school official, that the grade point average reported
P5    1is accurately reported. The certification shall include a statement
2that it is subject to review by the commission or its designee.

end insert
begin insert

3(4) The commission shall adopt regulations that establish a
4grace period for receipt of the grade point average and any
5appropriate corrections, and that set forth the circumstances under
6which a student may submit a specified test score designated by
7the commission, by regulation, in lieu of submitting a qualifying
8grade point average.

end insert
begin insert

9(5) It is the intent of the Legislature that high schools and
10institutions of higher education certify the grade point averages
11of their students in time to meet the application deadlines imposed
12by this chapter.

end insert
begin insert

13(d) (1) The school district or charter school shall, no later than
14October 15 of a pupil’s grade 12 academic year, notify, in writing,
15each grade 12 pupil and, for a pupil under 18 years of age, his or
16her parent or guardian that, pursuant to subdivision (a), the pupil
17will be deemed a Cal Grant applicant unless the pupil opts out
18within a period of time specified in the notice, which shall not be
19less than 30 days. The required notice shall indicate when the
20school will first send grade point averages to the commission. The
21school district or charter school shall provide an opportunity for
22the pupil to opt out of being automatically deemed a Cal Grant
23applicant.

end insert
begin insert

24(2) (A) Until a pupil turns 18 years of age, only a parent or
25guardian may opt the pupil out. Once a pupil turns 18 years of
26age, only the pupil may opt himself or herself out and, if prior to
27the conclusion of the notice period, the pupil may opt in over the
28prior decision of a parent or guardian to opt out.

end insert
29

SEC. 2.  

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.



O

    93