BILL ANALYSIS Ó
AB 27
Page 1
Date of Hearing: March 3, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Medina, Chair
AB
27 (Chávez) - As Introduced December 1, 2014
SUBJECT: Public postsecondary education: exemption from
nonresident tuition
SUMMARY: Requires the California State University (CSU), and
requests the University of California (UC) to exempt from
nonresident tuition a nonresident student who is using, or is
intending to use, GI Bill educational benefits while enrolled at
a CSU or UC. 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 CSU or UC student.
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 California Community College (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.
2)Requires the CCC, CSU, and requests UC, (the higher education
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"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.
FISCAL EFFECT: Unknown.
COMMENTS: Background. 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
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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.
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, currently the
Education Code does not include a waiver to reduce tuition for
nonresidents who attend college using G.I. Bill education
benefits. If the segments do not comply with the requirements
of the Choice Act, not only will they be barred from accepting
new students using G.I. Bill educational benefits, but current
students will lose their veterans tuition and housing
assistance.
UC and CSU compliance. UC indicates that it is prepared to
admit veterans and their dependents per the new federal law by
the July 1, 2015 Choice Act deadline. UC reports that it is on
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track to identify and document eligibility for new exemptions;
and has been fielding inquiries from non-resident undergraduate
applicants who have any indication of a link to the military and
is reviewing applicants for eligibility under the terms of the
federal law. UC has also updated its webpage to reflect the new
eligibility for veterans under the Choice Act. Committee staff
understands that CSU intends to comply with the requirements of
the Choice Act. However, CSU has not yet formally outlined how
the segment plans to achieve compliance.
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 13 (Chávez) requires a 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 and provides that these students may be reported as
full-time equivalent students for purposes of state
apportionment. AB 13 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, to
strike lines 19-24, and amend lines 11-18, to read:
(c) (1) Notwithstanding any other law, the California
Community Colleges and the California State University shall,
and the University of California is requested to, update and
adopt policies no later than July 1, 2015, regarding tuition
rates for eligible veterans and their eligible dependents to
ensure continued participation in GI Bill educational benefits
programs, and conformity to, and compliance with, the federal
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Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146) and the requirements of this section.
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 Catholic Conference, Inc.
California Community Colleges, Chancellor's Office
Opposition
None on File
Analysis Prepared
by: Laura Metune/HIGHER ED./(916) 319-3960