BILL NUMBER: SB 141 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 11, 2013
AMENDED IN SENATE MARCH 12, 2013
INTRODUCED BY Senator Correa
(Principal coauthor: Senator Leno)
(Coauthors: Senators Cannella, Hernandez, Lara, and Steinberg)
(Coauthors: Assembly Members Ammiano, Garcia, and Wieckowski)
JANUARY 29, 2013
An act to amend Sections 66021.6, 68130.7, and 69508.5
of, and to add Section 68130.6 to, 69508.5, 76140, and
89705 of the Education Code, relating to postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
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 establishes the California
Community Colleges, under the administration of the Board of
Governors of the California Community Colleges, the California State
University, under the administration of the Trustees of the
California State University, and the University of California, under
the administration of the Regents of the University of
California, as the 3 segments of public higher education in the
state. 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 is a United
States citizen who resides in a foreign country, and who meets
all of the following requirements , from nonresident
tuition at the California Community Colleges and the California State
University: (A) demonstrates financial need for the exemption;
(A) (B) has a parent who has been
deported or was permitted to depart voluntarily; (B)
(C) moved abroad 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
a secondary school in the state for 3 or more
years ; and (F) is in his or her first academic year as a
matriculated student in California public higher education, as
defined. The bill would request the regents to enact regulations and
procedures to exempt similarly situated students of the University of
California from nonresident tuition . 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)
( 2) 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)
( 3) 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. The Legislature finds and
declares all of the following:
(a) It is estimated that over 5 million children are currently
living in the United States with at least one undocumented immigrant
parent. Approximately 75 percent of these children are United States
citizens, and many of them are from California.
(b) When one or both parents are deported, these citizen children
often have no recourse but to leave the country. At no fault of their
own, these children lose their schools, friends, and the place they
have come to know as "home."
(c) As a result of moving abroad, there is a break in these
children's presence in California, affecting their ability in later
years to attend a California public college or university at the much
lower resident prices.
(d) Today, these children, who are American citizens, are growing
up outside the United States, yet their desire to return to their
birth home continues to live within them. These children lack many
basic services granted to most United States citizens.
(e) The State of California has an interest in ensuring that these
children can access and afford a high-quality education.
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 or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
(2) Moved abroad as a result of the deportation or voluntary
departure specified in paragraph (1).
(3) Is a United States citizen.
(4) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
(5) Attended an elementary or secondary school in the state for
three or more years.
(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, and the
Regents of the University of California are requested to, 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,
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, 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. SEC. 2. 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
, paragraph ( 4) of subdivision
(a) of Section 76140, or subdivision ( c)
of Section 89705 , 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 , paragraph (
4) of subdivision (a) of Section 76140, or
subdivision ( c) of Section 89705 , 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 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 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. 3. Section 76140 of the
Education Code , as added by Section 66 of Chapter 38 of
the Statutes of 2012, is amended to read:
76140. (a) A community college district may admit ,
and shall charge a tuition fee to , nonresident
students. The students, except as required by paragraph
(4). A community college district may exempt from all or parts
of the fee any person described in paragraph (1), (2), or
(3): (3), and shall exempt from all of the
fee any person described in paragraph (4):
(1) All nonresidents who enroll for six or fewer units. Exemptions
made pursuant to this paragraph shall not be made on an individual
basis.
(2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial need
for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
(3) (A) A student who, as of August 29, 2005, was enrolled, or
admitted with an intention to enroll, in the fall term of the 2005-06
academic year in a regionally accredited institution of higher
education in Alabama, Louisiana, or Mississippi, and who could not
continue his or her attendance at that institution as a direct
consequence of damage sustained by that institution as a result of
Hurricane Katrina.
(B) The chancellor shall develop guidelines for the implementation
of this paragraph. These guidelines shall include standards for
appropriate documentation of student eligibility to the extent
feasible.
(C) This paragraph shall apply only to the 2005-06 academic year.
(4) A nonresident student who is a United States citizen who
resides in a foreign country, if that nonresident meets all of the
following requirements:
(A) Demonstrates a financial need for the exemption.
(B) Has a parent or guardian who has been deported or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
(C) Moved abroad as a result of the deportation or voluntary
departure specified in subparagraph (B).
(D) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
(E) Attended a secondary school in the state for three or more
years.
(F) Is in his or her first academic year as a matriculated student
in California public higher education, as that term is defined in
subdivision (a) of Section 66010.
(b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s tuition fee.
(c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (j) or another statute, in which case a
nonresident tuition fee may not be charged.
(d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
(e) (1) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year one
or more of the following:
(A) The amount that was expended by the district for the expense
of education as defined by the California Community College Budget
and Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year. However, if for the district's preceding fiscal year
FTES of all students attending in the district in noncredit courses
is equal to, or greater than, 10 percent of the district's total FTES
attending in the district, the district may substitute the data for
expense of education in grades 13 and 14 and FTES in grades 13 and 14
attending in the district.
(B) The expense of education in the preceding fiscal year of all
districts increased by the projected percent increase in the United
States Consumer Price Index as determined by the Department of
Finance for the fiscal year and succeeding fiscal year and divided by
the FTES (including nonresident students) attending all districts
during the preceding fiscal year. However, if the amount calculated
under this paragraph for the succeeding fiscal year is less than the
amount established for the current fiscal year or for any of the past
four fiscal years, the district may set the nonresident tuition fee
at the greater of the current or any of the past four-year amounts.
(C) An amount not to exceed the fee established by the governing
board of any contiguous district.
(D) An amount not to exceed the amount that was expended by the
district for the expense of education, but in no case less than the
statewide average as set forth in subparagraph (B).
(E) An amount no greater than the average of the nonresident
tuition fees of public community colleges of no less than 12 states
that are comparable to California in cost of living. The
determination of comparable states shall be based on a composite
cost-of-living index as determined by the United States Department of
Labor or a cooperating government agency.
(2) The additional revenue generated by the increased nonresident
tuition permitted under the amendments made to this subdivision
during the 2009-10 Regular Session shall be used to expand and
enhance services to resident students. In no event shall the
admission of nonresident students come at the expense of resident
enrollment.
(f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
(g) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
(h) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
(i) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
(j) The attendance of nonresident students who are exempted
pursuant to subdivision (h) or (i), or pursuant to paragraph (3)
or (4) of subdivision (a), from the mandatory fee requirement
described in subdivision (a) for nonresident students may be reported
as resident FTES for state apportionment purposes. Any nonresident
student reported as resident FTES for state apportionment purposes
pursuant to subdivision (h) or (i) shall pay a per unit fee that is
three times the amount of the fee established for residents pursuant
to Section 76300. That fee is to be included in the FTES adjustments
described in Section 76330 for purposes of computing apportionments.
(k) This section shall become operative on July 1, 2013.
SEC. 4. Section 89705 of the Education
Code is amended to read:
89705. (a) Except as provided in subdivision (c), and
as otherwise specially provided, an admission fee and rate of tuition
fixed by the trustees shall be required of each nonresident student.
The rate of tuition to be paid by each nonresident student, as
defined in Section 68018, shall not be less than three hundred sixty
dollars ($360) per year. The rate of tuition paid by each nonresident
student who is a citizen and resident of a foreign country and not a
citizen of the United States, except as otherwise specifically
provided, shall be fixed by the trustees and shall not be less than
three hundred sixty dollars ($360) per year.
(b) The trustees may waive entirely, or reduce below the rate, or
the minimum rate, fixed by this section, the tuition fee of a
nonresident student who is a citizen and resident of a foreign
country and not a citizen of the United States and who attends a
state university or college under an agreement entered into by a
governmental agency or a nonprofit corporation or organization with a
similar agency, or corporation or association, domiciled in and
organized under laws of a foreign country, where a principal purpose
of the agreement is to encourage the exchange of students with the
view of enhancing international good will and understanding. The
trustees shall, in each instance, determine whether the conditions
for this exemption from fees exist and may prescribe appropriate
procedures to be complied with in obtaining the exemption.
(c) The trustees shall waive entirely the admission fee and rate
of tuition fixed under this section for a nonresident student who is
a United States citizen who resides in a foreign country, if that
nonresident meets all of the following requirements:
(1) Demonstrates a financial need for the exemption.
(2) Has a parent or guardian who has been deported or was
permitted to depart voluntarily under the federal Immigration and
Nationality Act in accordance with Section 1229c of Title 8 of the
United States Code. The student shall provide documents from the
United States Citizenship and Immigration Services evidencing the
deportation or voluntary departure of his or her parent or guardian.
(3) Moved abroad as a result of the deportation or voluntary
departure specified in paragraph (2).
(4) Lived in California immediately before moving abroad. The
student shall provide information and evidence that demonstrates the
student previously lived in California.
(5) Attended a secondary school in the state for three or more
years.
(6) Is in his or her first academic year as a matriculated student
in California public higher education, as that term is defined in
subdivision (a) of Section 66010.
SEC. 5. The Legislature requests the Regents of
the University of California to enact regulations and procedures that
exempt from nonresident tuition students of that university who meet
the requirements applicable to students of the California Community
Colleges and the California State University, respectively, in
paragraph (4) of subdivision (a) of Section 76140, and subdivision
(c) of Section 89705, of the Education Code.
SEC. 5. SEC. 6. 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.