BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 141 (Correa) - Postsecondary Education: Children of Deported
Parents
Amended: May 8, 2013 Policy Vote: Education 8-0
Urgency: No Mandate: Yes
Hearing Date: May 20, 2013 Consultant: Jacqueline
Wong-Hernandez
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 141 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
his/her 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.
Fiscal Impact: The number of students who would be eligible for
in-state tuition under this bill is unknown.
CCC: Potentially substantial fee revenue loss.
CSU and UC: Potentially substantial fee revenue loss.
Background: Existing law, (established by AB 540, Ch.814/2001)
exempts specified California nonresidents from paying
nonresident tuition at UC, CSU and the CCCs if they: 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 the 2001-02 academic year; and,
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)
Existing law authorizes a community college district (CCD) to
admit nonresident students and requires that these students be
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charged a nonresident tuition fee, with certain specified
exemptions. Among others, a CCD 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 demonstrates a financial need for the exemption, up
to a maximum of 10% of the nonresident foreign students
attending the CCD, and authorizes these exemptions to be made on
an individual basis. (EC � 76140(a) (2))
Proposed Law: SB 141 expands existing exemptions from
non-resident tuition, by requiring 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; and, f)
Is in his/her first academic year as a matriculated student at
the CSU or CCC. This bill requests that the UC implement this
exemption.
Staff Comments: This bill exempts a likely small subset of US
citizens living abroad from having to pay nonresident tuition to
attend a CCC or CSU, or UC, if UC complies with its request. The
exemption would only apply to a student who meets all of the
aforementioned conditions including, most notably, that the
student completed at least 3 years of high school in California
and provides evidence that he or she moved abroad as a result of
a parent deportation or voluntary departure in accordance with
specified immigration laws. The exemption provided by this bill
is unlikely to apply to a large number of students, but it is
not known how many such students attend (or would attend, under
this nonresident tuition exemption) the CCC, CSU, or UC.
Each eligible student enrolling as an undergraduate in the CSU
would be eligible to pay $5,472 per year, instead of $5,472 +
$372 per unit (which would be an additional $11,160 per year for
two 15-unit course load semesters). Each eligible student
enrolling as an undergraduate in the UC would be eligible to pay
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$12,192 instead of $35,070, a difference of $22,878. Each
eligible CCC student would pay pay $46 per unit, rather than
$244 per unit. For each full time student (enrolled in 30 units
per academic year), the CCC would lose $5,920 in fee revenue. If
even a small number of students benefit from this bill, the
resulting fee revenue loss would meet the criteria for referral
to the Suspense File.