Senate BillNo. 141


Introduced by Senator Correa

(Principal coauthor: Senator Leno)

(Coauthors: Senators Hernandez, Lara, Rubio, and Steinberg)

January 29, 2013


An act to amend Sections 66021.6, 68130.7, and 69508.5 of, and to add Section 68130.6 to, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 141, as introduced, Correa. Postsecondary education benefits: children of deported parents.

(1) The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California’s public segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. Existing law exempts specified students from paying nonresident tuition at the California Community Colleges and the California State University.

This bill would additionally exempt students who meet all of the following requirements from nonresident tuition at the California Community Colleges and the California State University: (A) having a parent who has been deported; (B) moving, and currently living, abroad as a result of that deportation; (C) being a United States citizen; and (D) being a California resident immediately prior to moving abroad. The bill would provide for equitable relief, limited as specified, if a state court finds that this exemption, or any similar provision adopted by the Regents, is unlawful.

(2) Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition pursuant to specified law to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law.

This bill would additionally require or, as to the University of California, request those institutions to establish those procedures and forms for persons who are exempt from nonresident tuition pursuant to the provisions of this bill.

(3) Existing law makes a student who meets the requirements for exemption from nonresident tuition pursuant to specified law eligible to apply for, and participate in, any student financial aid program administered by the state, as specified.

This bill would additionally make students who meet the requirements for exemption provided by this bill eligible to apply for, and participate in, any financial aid program administered by the state, as specified.

(4) To the extent the provisions of this bill would place additional requirements on community college districts regarding the provision of postsecondary education benefits to additional categories of students, the bill would impose 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 66021.6 of the Education Code is
2amended to read:

3

66021.6.  

(a) Notwithstanding any other law, and except as
4provided for in subdivision (b), the Trustees of the California State
5University and the Board of Governors of the California
6Community Colleges shall, and the Regents of the University of
P3    1California are requested to, establish procedures and forms that
2enable persons who are exempt from paying nonresident tuition
3under Section 68130.5begin insert or 68130.6end insert, or who meet equivalent
4requirements adopted by the regents, to apply for, and participate
5in, all student aid programs administered by these segments to the
6full extent permitted by federal law. The Legislature finds and
7declares that this section is a state law within the meaning of
8Section 1621(d) of Title 8 of the United States Code.

9(b) The number of financial aid awards received by California
10resident students from financial aid programs administered by the
11segments shall not be diminished as a result of the application of
12subdivision (a). The University of California is requested to comply
13with this subdivision.

14(c) This section shall become operative on January 1, 2013.

15

SEC. 2.  

Section 68130.6 is added to the Education Code, to
16read:

17

68130.6.  

(a) Notwithstanding any other law, a student who
18meets all of the following requirements shall be exempt from
19paying nonresident tuition at the California State University and
20the California Community Colleges:

21(1) Has a parent or guardian who has been deported.

22(2) Moved, and is currently living, abroad as a result of the
23deportation specified in paragraph (1).

24(3) Is a United States citizen.

25(4) Was a California resident immediately prior to moving
26abroad.

27(b) A student exempt from nonresident tuition under this section
28may be reported by a community college district as a full-time
29equivalent student for apportionment purposes.

30(c) The Board of Governors of the California Community
31Colleges and the Trustees of the California State University shall
32prescribe rules and regulations for the implementation of this
33section.

34

SEC. 3.  

Section 68130.7 of the Education Code is amended to
35read:

36

68130.7.  

If a state court finds that Section 66021.6, 66021.7,
37begin delete orend delete 68130.5,begin insert or 68130.6,end insert or any similar provision adopted by the
38Regents of the University of California, is unlawful, the court may
39order, as equitable relief, that the administering entity that is the
40subject of the lawsuit terminate any waiver awarded under that
P4    1statute or provision, but no money damages, tuition refund or
2waiver, or other retroactive relief, may be awarded. In any action
3in which the court finds that Section 66021.6, 66021.7,begin delete orend delete 68130.5,
4begin insert or 68130.6,end insert or any similar provision adopted by the Regents of
5the University of California, is unlawful, the California Community
6Colleges, the California State University, and the University of
7California are immune from the imposition of any award of money
8damages, tuition refund or waiver, or other retroactive relief.

9

SEC. 4.  

Section 69508.5 of the Education Code is amended to
10read:

11

69508.5.  

(a) Notwithstanding any other law, and except as
12provided for in subdivision (c), a student who meets the
13requirements of subdivision (a) of Section 68130.5begin insert or Section end insert
14begin insert68130.6end insert, or who meets equivalent requirements adopted by the
15Regents of the University of California, is eligible to apply for,
16and participate in, any student financial aid program administered
17by the State of California to the full extent permitted by federal
18law. The Legislature finds and declares that this section is a state
19law within the meaning of Section 1621(d) of Title 8 of the United
20States Code.

21(b) Notwithstanding any other law, the Student Aid Commission
22shall establish procedures and forms that enable students who are
23exempt from paying nonresident tuition under Section 68130.5begin insert or end insert
24begin insert68130.6end insert, or who meet equivalent requirements adopted by the
25regents, to apply for, and participate in, all student financial aid
26programs administered by the State of California to the full extent
27permitted by federal law.

28(c) A student who is exempt from paying nonresident tuition
29under Section 68130.5begin insert or 68130.6end insert shall not be eligible for
30Competitive Cal Grant A and B Awards unless funding remains
31available after all California students not exempt pursuant to
32Section 68130.5begin insert or 68130.6end insert have received Competitive Cal Grant
33A and B Awards for which they are eligible.

34(d) This section shall become operative on January 1, 2013.

35

SEC. 5.  

If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
P5    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



O

    99