BILL NUMBER: SB 141 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 66021.6 of the Education Code is amended to
read:
66021.6. (a) Notwithstanding any other law, and except as
provided for in subdivision (b), the Trustees of the California State
University and the Board of Governors of the California Community
Colleges shall, and the Regents of the University of California are
requested to, establish procedures and forms that enable persons who
are exempt from paying nonresident tuition under Section 68130.5
or 68130.6 , or who meet equivalent requirements adopted by
the regents, to apply for, and participate in, all student aid
programs administered by these segments to the full extent permitted
by federal law. The Legislature finds and declares that this section
is a state law within the meaning of Section 1621(d) of Title 8 of
the United States Code.
(b) The number of financial aid awards received by California
resident students from financial aid programs administered by the
segments shall not be diminished as a result of the application of
subdivision (a). The University of California is requested to comply
with this subdivision.
(c) This section shall become operative on January 1, 2013.
SEC. 2. Section 68130.6 is added to the Education Code, to read:
68130.6. (a) Notwithstanding any other law, a student 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) Has a parent or guardian who has been deported.
(2) Moved, and is currently living, abroad as a result of the
deportation specified in paragraph (1).
(3) Is a United States citizen.
(4) Was a California resident immediately prior to moving abroad.
(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.
SEC. 3. Section 68130.7 of the Education Code is amended to read:
68130.7. If a state court finds that Section 66021.6, 66021.7,
or 68130.5, or 68130.6, or any similar
provision adopted by the Regents of the University of California, is
unlawful, the court may order, as equitable relief, that the
administering entity that is the subject of the lawsuit terminate any
waiver awarded under that statute or provision, but no money
damages, tuition refund or waiver, or other retroactive relief, may
be awarded. In any action in which the court finds that Section
66021.6, 66021.7, or 68130.5, or 68130.6,
or any similar provision adopted by the Regents of the
University of California, is unlawful, the California Community
Colleges, the California State University, and the University of
California are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.
SEC. 4. Section 69508.5 of the Education Code is amended to read:
69508.5. (a) Notwithstanding any other law, and except as
provided for in subdivision (c), a student who meets the requirements
of subdivision (a) of Section 68130.5 or Section 68130.6
, or who meets equivalent requirements adopted by the Regents of the
University of California, is eligible to apply for, and participate
in, any student financial aid program administered by the State of
California to the full extent permitted by federal law. The
Legislature finds and declares that this section is a state law
within the meaning of Section 1621(d) of Title 8 of the United States
Code.
(b) Notwithstanding any other law, the Student Aid Commission
shall establish procedures and forms that enable students who are
exempt from paying nonresident tuition under Section 68130.5 or
68130.6 , or who meet equivalent requirements adopted by the
regents, to apply for, and participate in, all student financial aid
programs administered by the State of California to the full extent
permitted by federal law.
(c) A student who is exempt from paying nonresident tuition under
Section 68130.5 or 68130.6 shall not be eligible for
Competitive Cal Grant A and B Awards unless funding remains available
after all California students not exempt pursuant to Section 68130.5
or 68130.6 have received Competitive Cal Grant A and B
Awards for which they are eligible.
(d) This section shall become operative on January 1, 2013.
SEC. 5. 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.