SB 141, as amended, Correa. Postsecondary education benefits: children of deported or voluntarily departed 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 a student who meets all of the following requirements from nonresident tuition at the California Community Colleges and the California State University: (A) has a parent who has been deported orbegin delete voluntarily departed;end deletebegin insert
was permitted to depart voluntarily;end insert (B) moved abroadbegin delete and lost California residencyend delete as a result of that deportation or voluntary departure; (C) is a United States citizen; (D) lived in California immediately before moving abroad; and (E) attended an elementary or secondary school in the state for 3 or more years. 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 66021.6 of the Education Code is
2amended to read:
(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
7California are requested to, establish procedures and forms that
8enable persons who are exempt from paying nonresident tuition
9under Section 68130.5 or 68130.6, or who meet equivalent
10requirements adopted by the regents, to apply for, and participate
11in, all student aid programs administered by these segments to the
12full extent permitted by federal law. The Legislature finds and
13declares that this section is a state law within the meaning of
14Section 1621(d) of Title 8 of the United States Code.
15(b) The number of financial aid awards received by California
16resident students from financial aid programs administered by the
17segments shall not be diminished as a result of the application of
18subdivision (a). The University of California is requested to comply
19with this subdivision.
20(c) This section shall become operative on January 1, 2013.
Section 68130.6 is added to the Education Code, to
22read:
(a) Notwithstanding any other law, a student who
24meets all of the following requirements shall be exempt from
25paying nonresident tuition at the California State University and
26the California Community Colleges:
27(1) Has a parent or guardian who has been deported or
28begin delete voluntarily departed from the countryend deletebegin insert was permitted to depart
29voluntarily under the federal Immigration and Nationality Act in
30accordance with Section 1229c of Title 8 of the United States Codeend insert.
31The student shall provide documents from the
United States
32begin delete Immigration and Naturalization Serviceend deletebegin insert
Citizenship and
33Immigration Servicesend insert evidencing the deportation or voluntary
34departure of his or her parent or guardian.
35(2) Moved abroadbegin delete and lost California residencyend delete as a result of
36the deportation or voluntary departure specified in paragraph (1).
37(3) Is a United States citizen.
P4 1(4) Lived in California immediately before moving abroad. The
2student shall provide information and evidence that demonstrates
3the student previously lived in California.
4(5) Attended an elementary or secondary school in the state for
5three or more
years.
6(b) A student exempt from nonresident tuition under this section
7may be reported by a community college district as a full-time
8equivalent student for apportionment purposes.
9(c) The Board of Governors of the California Community
10Colleges and the Trustees of the California State University shall,
11and thebegin delete Requestsend deletebegin insert Regentsend insert of the University of California are
12requested to, prescribe rules and regulations for the implementation
13of this section.
Section 68130.7 of the Education Code is amended to
15read:
If a state court finds that Section 66021.6, 66021.7,
1768130.5, or 68130.6, or any similar provision adopted by the
18Regents of the University of California, is unlawful, the court may
19order, as equitable relief, that the administering entity that is the
20subject of the lawsuit terminate any waiver awarded under that
21statute or provision, but no money damages, tuition refund or
22waiver, or other retroactive relief, may be awarded. In any action
23in which the court finds that Section 66021.6, 66021.7, 68130.5,
24or 68130.6, or any similar provision adopted by the Regents of the
25University of California, is unlawful, the California Community
26Colleges, the California State University, and the University of
27California are immune from the imposition of any award of money
28damages,
tuition refund or waiver, or other retroactive relief.
Section 69508.5 of the Education Code is amended to
30read:
(a) Notwithstanding any other law, and except as
32provided for in subdivision (c), a student who meets the
33requirements of subdivision (a) of Section 68130.5 or Section
3468130.6, or who meets equivalent requirements adopted by the
35Regents of the University of California, is eligible to apply for,
36and participate in, any student financial aid program administered
37by the State of California to the full extent permitted by federal
38law. The Legislature finds and declares that this section is a state
39law within the meaning of Section 1621(d) of Title 8 of the United
40States Code.
P5 1(b) Notwithstanding any other law, the Student Aid Commission
2shall establish procedures and forms that
enable students who are
3exempt from paying nonresident tuition under Section 68130.5 or
468130.6, or who meet equivalent requirements adopted by the
5regents, to apply for, and participate in, all student financial aid
6programs administered by the State of California to the full extent
7permitted by federal law.
8(c) A student who is exempt from paying nonresident tuition
9under Section 68130.5 shall not be eligible for Competitive Cal
10Grant A and B Awards unless funding remains available after all
11California students not exempt pursuant to Section 68130.5 have
12received Competitive Cal Grant A and B Awards for which they
13are eligible.
14(d) This section shall become operative on January 1, 2013.
If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
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