BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, 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.