BILL ANALYSIS Ó
AB 13
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Date of Hearing: March 3, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Medina, Chair
AB
13 (Chávez) - As Introduced December 1, 2014
SUBJECT: Public postsecondary education: community colleges:
exemptions from nonresident tuition.
SUMMARY: Requires a California Community College (CCC) to
exempt from nonresident tuition a nonresident student who is
using, or is intending to use, GI Bill educational benefits
while enrolled at a CCC. Defines "GI Bill educational benefits"
to mean any educational benefit administered by the US
Department of Veterans Affairs pursuant to Title 38 of the
United States Code that is designed to help eligible veterans or
other eligible persons with a relationship to a veteran to cover
the costs associated with enrollment as a CCC student. Provides
that these students may be reported as full-time equivalent
students for purposes of state apportionment.
EXISTING LAW:
1)Establishes uniform residency requirements for the purposes of
determining the amount of fees to be paid by students
attending public institutions of higher education in
California and requires CCC districts, California State
University (CSU) and University of California (UC) to charge a
tuition fee to nonresident students; and, provides for
specified exceptions to residence determination for current
and former members of the Armed Forces meeting specified
requirements.
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2)Requires the CCC, CSU, and requests UC, (the higher education
"segments") to update and adopt policies no later than July 1,
2015, regarding tuition rates for eligible veterans and their
eligible dependents to ensure conformity to, and compliance
with, the federal Veterans Access, Choice, and Accountability
Act of 2014 ("Choice Act", Public Law 113-143) and the
requirements of California law.
3)Exempts specified California nonresidents from paying
nonresident tuition if they attended a California high school
for three or more years (or equivalent), graduated from a
California high school (or equivalent degree), registered or
attended an accredited California higher education institution
not before the fall of the 2001-02 academic year, and filed an
affidavit, if 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
eligible to do so.
4)Authorizes CCC districts to admit a nonresident student and
requires that these students be charged a nonresident tuition
fee, with certain specific exemptions, including nonresidents
who enroll for six or fewer units; any nonresident who is both
a citizen and resident of a foreign country, if the
nonresident has demonstrated a financial need for the
exemption; and, a special part-time student admitted pursuant
to California statutes governing concurrent enrollment of
elementary and secondary school pupils;
5)Requires CCC districts to exempt from the nonresident fee a
nonresident student, under specified circumstances, a United
States citizen who moved abroad as a result of his/her
parent's deportation.
FISCAL EFFECT: Unknown.
COMMENTS: Background. According to the CCC Chancellor's Office
(CCCCO), an estimated 1.8 million veterans reside in California,
making California's veteran population the largest in the
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nation. The CCCCO notes that many of the veterans returning from
Iraq and Afghanistan will look to CCC as the most easily
accessible and affordable educational option available, and, in
fact, approximately 70,000 veterans and active duty service
members enrolled at a CCC in 2013-14. According to the CCCCO,
this is more than six times the combined number of veterans
attending UC and CSU.
Federal requirements. The U.S Department of Veterans Affairs
(VA) administers the federal G.I. Bill to provide education and
training benefits to eligible veterans and their eligible
dependents. The G.I. Bill specifically states that it will pay
all public school in-state tuition and fees. On August 7, 2014,
President Obama signed the Choice Act. Among the numerous
provisions, the law requires public institutions to provide
in-state tuition to specified veterans and eligible dependents
in order for the institution to remain eligible to receive G.I.
Bill education payments. The following "covered individuals"
are eligible for in-state tuition under the Choice Act:
?
1)A veteran who lives in the state (regardless of formal
in-state residence status) in which the higher education
institution is located and enrolls within three years of
discharge from a period of active duty service of 90 days or
more.
2)A spouse or child using transferred benefits who lives in the
state (regardless of formal in-state residence status) in
which the higher education institution is located and enrolls
within three years of the transferor's discharge from a period
of active duty service of 90 days or more.
3)A spouse or child using benefits under the Marine Gunnery
Sergeant John David Fry Scholarship who lives in the state
(regardless of formal in-state residence status) in which the
higher education institution is located and enrolls within
three years of the servicemember's death in the line of duty
following a period of active duty service of 90 days or more.
AB 13
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California response. In response to the enactment of the Choice
Act, AB 13 (Conway), Chapter 639, Statutes of 2014, required CSU
and CCC districts, and requested UC to update and adopt policies
no later than July 1, 2015, regarding tuition rates for eligible
veterans and their eligible dependents to ensure conformity to,
and compliance with, the Choice Act and the requirements of
California law. The Choice Act requires that public
institutions either comply with the nonresident tuition/fee
waiver or discontinue participation in the GI Bill educational
benefits programs. AB 13 (Conway, 2014) did not explicitly
require that the segments adopt policies that ensure continued
participation in GI Bill educational benefit programs.
Arguably, a segment could conform to AB 13 through discontinuing
participation in the federal program. Committee staff
understands, however, it is unlikely this approach would be used
to achieve compliance.
Purpose of this bill. According to the Author, notwithstanding
the enactment of AB 13, CCC districts do not currently have
appropriate authority to reduce tuition for nonresident veterans
in compliance with federal law. The author argues, if CCC
districts do not comply with the Choice Act not only will they
be barred from accepting new students using GI Bill educational
benefits, but current students will lose their federal GI Bill
educational tuition assistance and housing allowance.
CCC compliance options. Committee staff understands that
existing law does expressly authorize a CCC district to waive
nonresident tuition for an eligible veteran in compliance with
the Choice Act. According to information provided by the CCCCO,
at least two CCC districts have taken action to ensure
compliance with the Choice Act, but this action may be
noncompliant with existing law. Further, existing law does not
authorize a CCC district that chooses to provide nonresident
tuition waivers to eligible veterans to report the attendance
generated by the veterans for state apportionment funding
purposes. This bill would explicitly require CCC districts to
waive nonresident tuition for students using GI Bill educational
benefits, and authorizes claiming these students for state
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apportionment funding purposes.
Federal waiver. According to information provided by the VA,
the VA is in the process of developing waiver criteria for
States that are actively pursuing changes to comply with the
requirements of the Choice Act. More information regarding the
waiver criteria is expected to be released in the coming weeks
and will be included in a regulation published in the Federal
Register.
Related legislation. AB 27 (Chávez) would require CSU, and
request UC, exempt nonresident students using GI Bill education
benefits from paying nonresident tuition while enrolled as a
student of that segment. AB 27 is pending before the Assembly
Higher Education Committee.
Recommended amendments. The Committee may wish to consider the
following amendments:
1)To provide for consistency with the benefit required pursuant
to the Choice Act, the Committee may wish to amend Page 3,
lines 31 - 32, to read:
(6) A nonresident student who is a covered individual as
defined pursuant to section 702 of the federal Veterans
Access, Choice, and Accountability Act of 2014, Public Law
113-143 , who is using, or intending to use GI Bill education
benefits while living in California and enrolled at a
community college.
2)To allow for the nonresident tuition exemption authorized by
this bill to be in effect as soon as possible, the Author has
requested to add an urgency clause so that the provisions take
effect immediately upon the bill being chaptered.
REGISTERED SUPPORT / OPPOSITION:
Support
California Community College Chancellor's Office
California Catholic Conference, Inc.
AB 13
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Opposition
None on File
Analysis Prepared
by: Laura Metune/HIGHER ED./(916) 319-3960