BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 141|
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UNFINISHED BUSINESS
Bill No: SB 141
Author: Correa (D), et al.
Amended: 9/6/13
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 5/1/13
AYES: Liu, Block, Correa, Hancock, Hueso, Huff, Jackson,
Monning
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 35-1, 05/28/13
AYES: Beall, Berryhill, Block, Calderon, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Pavley,
Price, Roth, Steinberg, Torres, Walters, Wright, Yee
NOES: Anderson
NO VOTE RECORDED: Padilla, Wolk, Wyland, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Postsecondary Education: children of deported
parents
SOURCE : Author
DIGEST : This bill requires the California State University
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(CSU) and California Community College (CCC) districts, and
requests the University of California (UC) exempt from
non-resident tuition charges, under specified circumstances, a
United States citizen who moved abroad as a result of his/her
parent's deportation
Assembly Amendments clarify that secondary school means a
California public or private school that meets the definition,
require the student to provide documents demonstrating his/her
secondary school attendance, require that upon enrollment, the
student will be in his/her first academic year as a matriculated
student in California higher education, will be living in
California, and will file an affidavit with the institution that
states he/she intends to establish residency in the state as
soon as possible, double-joint the bill with SB 150 (Lara), to
avoid chaptering out issues, and add a coauthor.
ANALYSIS :
Existing law:
1.Established by AB 540 (Firebaugh, 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:
A. Attended a California high school for three or more
years.
B. Graduated from a California high school or attained an
equivalent degree.
C. Registered or attended an accredited California higher
education institution not before fall of the 2001-02
academic year.
D. 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.
1.Provides for a variety of state student financial aid programs
including the Cal Grant programs, the Community College Board
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of Governors fee waiver, a variety of system-wide 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 an 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.
2.Authorizes a CCC district to admit nonresident students and
requires that these students be charged a nonresident tuition
fee, with certain specified exemptions. Among others, a CCC
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% of the nonresident foreign students attending
the CCC district, and authorizes these exemptions to be made
on an individual basis.
3.Establishes uniform residency requirements for purposes of
ascertaining the amount of fees to be paid by students at the
UC, the 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.
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 U.S. 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
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permitted to depart voluntarily from the U.S. 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, or
voluntary departure.
D. Lived in California immediately before moving abroad and
requires the student to provide information and evidence
that demonstrates the student lived in California.
E. Attended a secondary school in California for at least
three years. Require the student to provide documents that
demonstrate his/her secondary attendance.
F. Upon enrollment will be in his/her first academic year
as a matriculated student at the UC, CSU, or CCC, will be
living in California and will file an affidavit with the
institution stating that he/she intends to establish
residency in California as soon as possible.
1.Requests the UC to prescribe rules and regulations for
implementing this exemption.
2.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.
3.Prohibits the number of financial aid awards received by
California resident students from financial aid programs
administered by the segments from being diminished as a result
of making these students eligible for financial aid.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, 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.
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SUPPORT : (Verified 9/11/13)
American Federation of State, County and Municipal Employees
California Catholic Conference, Inc.
California Communities United Institute
California Community Colleges Chancellor's Office
California Federation of Teachers
California State Student Association
California Student Aid Commission
California Teachers Association
Community College League of California
Faculty Association of California Community Colleges
Los Angeles Community College District
Rancho Santiago Community College District
ARGUMENTS IN SUPPORT : According to the author's office, 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.
PQ:n:e 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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