BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 141
AUTHOR: Correa
AMENDED: April 25, 2013
FISCAL COMM: Yes HEARING DATE: May 1. 2013
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Children of deported parents.
SUMMARY
This bill requires that the California Community Colleges
(CCC) and the California State University (CSU), and
requests that the University of California (UC), exempt a
United States citizen who resides in a foreign country, and
is in their first year as a matriculated student, from
nonresident tuition if the student demonstrates financial
need, has a parent or guardian who was deported or
voluntarily departed from the US, lived in California
immediately before moving abroad and attended a secondary
school in California for at least three years; and further,
makes these students eligible for the same state financial
aid programs which would be available to AB 540 students,
except that these students, unlike AB 540 students, would
be eligible for the Competitive Cal Grant Program awards.
BACKGROUND
Current law, (established by AB 540, Chapter 814, Statutes
of 2001) exempts specified California nonresidents from
paying nonresident tuition at UC, CSU and the CCCs if they
meet all of the following:
1) Attended a California high school for three or more
years.
2) Graduated from a California high school or attained an
equivalent degree.
3) Registered or attended an accredited California higher
education institution not before fall of the 2001-02
academic year.
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4) Filed an affidavit, if an alien without lawful
immigration status, stating that the student has filed
an application to legalize their immigration status or
will file such an application as soon as they are
eligible to so do. (Education Code � 68130)
Current law provides for a variety of state student
financial aid programs including the Cal Grant programs,
the Community College Board of Governors (BOG) fee waiver,
a variety of systemwide and/or campus-specific grant and/or
loan programs and other state administered financial aid
programs. Participation in these programs is, among other
criteria, typically limited to California residents. AB 131
(Cedillo, Chapter 604, Statutes of 2012) expanded
eligibility for state administered financial aid benefits,
including institutional aid, Cal Grants, and Board of
Governors fee waivers at the community colleges, to all
students exempt from paying non-resident tuition under AB
540. However, AB 131 specifically provided that AB 540
student could only receive a Cal Grant under the
competitive program once all other eligible California
students had received a Competitive Cal Grant. (EC �
69508.5)
Current law authorizes a community college district to
admit nonresident students and requires that these students
be charged a nonresident tuition fee, with certain
specified exemptions. Among others, a community college
district is authorized to exempt from all or parts of the
nonresident tuition fee any nonresident who is both a
citizen and resident of a foreign country, if the
nonresident has demonstrated a financial need for the
exemption, up to a maximum of 10 percent of the nonresident
foreign students attending the community college district,
and authorizes these exemptions to be made on an individual
basis. (EC � 76140(a) (2))
Current law establishes uniform residency requirements for
purposes of ascertaining the amount of fees to be paid by
students at the University of California (UC), the
California State University (CSU), and CCC and establishes
various exceptions to these residency requirements.
Generally, military exemptions are only for the amount of
tuition and fees. Residency does not entitle these
students to participate in state financial aid programs.
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ANALYSIS
This bill expands existing exemptions from non-resident
tuition at the CCC, CSU and UC. Specifically it:
1) Requires that the CCC and the CSU exempt from
nonresident tuition a student who is a US citizen who
resides in a foreign country if the student meets all
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 from the US in accordance with
specified federal immigration laws, and requires
the student to provide specified documents as
evidence.
c) Moved abroad as a result of the deportation.
d) Lived in California immediately
before moving abroad and requires the student to
provide information and evidence of such.
e) Attended a secondary school in
California for at least three years.
f) Is in his/her first academic year
as a matriculated student at the UC, CSU, or CCC.
2) Requests the UC to prescribe rules and regulations for
implementing this exemption.
3) Requests the UC and requires the CSU and the Board of
Governors of the CCC to establish procedures and forms
to enable these students to apply for and participate
in all student aid programs administered by these
segments, to the full extent permitted by federal law.
4) Prohibits the number of financial aid awards received
by California resident students from financial aid
programs administered by the segments from being
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diminished as a result of making these students
eligible for financial aid.
5) Makes these students eligible to apply for and
participate in any state administered student
financial aid program to the full extent permitted by
federal law.
6) Requires the California Student Aid Commission to
establish procedures and forms that enable these
students to apply for and participate in all state
administered student financial aid programs to the
full extent permitted by federal law.
STAFF COMMENTS
1) Need for the bill . According to the author it is
estimated that over 5 million children are currently
living in the U.S. with at least one undocumented
parent, and at least 75% or these children are U.S.
citizens. When a parent is deported, the citizen
children are often forced to leave the country with
their families. As a result of moving abroad, these
children lose their state residency, and with it,
access to institutions of higher education and
financial aid.
2) Apples to oranges ? This bill makes the students that
meet its requirements eligible for state financial
aid, patterning this eligibility and related processes
on statute that established eligibility for financial
aid for AB 540 students. The logic for extending
financial aid to AB 540 students was, in part, an
acknowledgement that these students are ineligible for
federal financial aid, and, even with the extension of
the benefit of resident tuition, would still need
assistance to meet their educational costs.
Additionally, the immigration status of AB 540
students makes it impossible for them to establish
California residency in order to be eligible for state
administered benefits. A separate structure and
process had to be created in order to meet these
students' needs.
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The students intended to benefit from this bill's
provisions are
NOT AB 540 students and, as US citizens, have options
available to them that were not possible for AB 540
students. Specifically, they:
a) Are eligible to apply for and receive
federal financial aid to assist with their
education costs.
b) Are eligible for state administered
financial aid programs after taking steps to
establish residency in California (normally one
year). No separate process to enable their
eligibility for state aid is necessary.
Given that these students, like other US citizens, are
eligible for federal financial aid to meet their
educational costs, should state financial aid benefits
be extended before these individuals have taken steps
to establish California residency?
Staff recommends the bill be amended to delete the
current provisions extending eligibility for state
financial aid to these students.
3) Cost impacts ? Unknown. According to information
provided by the author's office, between July 1, 2010
and September 31, 2012, over 200,000 parents who had
at least one U.S. born child were deported and the
Immigration Customs Enforcement obtained over 90,000
final orders of deportation for undocumented parents
with at least one child who was an American citizen,
and 14853 of these deportation orders were in
California.
SUPPORT
California Catholic Conference, Inc.
California Federation of Teachers
OPPOSITION
None received.
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