BILL ANALYSIS Ó
AB 27
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Date of Hearing: March 10, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Irwin, Chair
AB
27 (Chávez) - As Amended March 4, 2015
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. This bill 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. It
contains an urgency clause.
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.
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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.
FISCAL EFFECT: Unknown at this time.
COMMENTS: This bill is coming to the Veterans Affairs Committee
after first receiving a hearing in the Higher Education
Committee. Rather than focus on the issues pertaining to the
Higher Education aspects of this bill, for those issues have
been expertly analyzed in the Higher Education analysis, this
analysis will narrow in focus to the Veterans Affairs aspects of
this bill.
On signing the GI Bill in 1944, then President Franklin
Roosevelt said:
This bill, which I have signed today? gives servicemen and
women the opportunity of resuming their education or technical
training after discharge, or of taking a refresher or
retrainer course, not only without tuition charge up to $500
per school year, but with the right to receive a monthly
living allowance while pursuing their studies?
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With the signing of this bill a well-rounded program of
special veterans' benefits is nearly completed. It gives
emphatic notice to the men and women in our armed forces that
the American people do not intend to let them down.
?This bill therefore and the former legislation provide the
special benefits which are due to the members of our armed
forces -- for they "have been compelled to make greater
economic sacrifice and every other kind of sacrifice than the
rest of us, and are entitled to definite action to help take
care of their special problems." While further study and
experience may suggest some changes and improvements, the
Congress is to be congratulated on the prompt action it has
taken. [Emphasis added.]
These words ring true in 2015. Not unlike in 1944 our country
has been in a protracted military conflict. Many of the men and
women who have served in the armed forces interrupted their
civilian lives to serve and sacrifice for the country and are
now in transition back to civilian life.
Much has changed, however, since 1944. We are for the most part
a nation of mobile people, most Americans own cars, and air and
rail travel is relatively accessible and affordable. Air and
rail travel are well-developed and sophisticated, it is quite
possible to fly from Sacramento, California to Sydney, Australia
in less than 24 hours. We travel, we move, and often our
families are spread across the country. The kind of work and
jobs, indeed some entire large industries, are very different
today than they were back then. And, reviewing the $500 tuition
benefit in the GI Bill of 1944, the price of things has
certainly changed. For example, estimated tuition and fees at
the University of California system for 2015-16 are $14,500 for
residents and $38,024 for non-residents.
The GI Bill of today would pay, in the example above, the UC
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resident amount, but not anything more than that for a
non-resident GI Bill student. For many, this additional amount
is cost-prohibitive. California has several state laws that
permit some non-resident GI Bill students to receive the
resident rate. The Choice Act takes the step of saying that, in
general, schools that wish to continue receiving any GI Bill
benefits must no longer charge any GI Bill student non-resident
tuition if that student enrolls within three years of discharge
from the armed forces.
As stated by the Higher Education Committee analysis, "Arguably,
a segment could conform to ?[the Choice Act] 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.
According to the Committee on Higher Education:
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
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.
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From the veterans affairs perspective, regardless of whether
there is disagreement or clarity about the state of the existing
state law and whether this bill is legally essential for the CSU
and UC to comply, the scenario contemplated by the author should
be avoided. Unless we as a state intend to maintain our current
cost structure at the consequence of loss of GI Bill benefits
for current and future students, this bill does no harm and
resolves any risk that the CSU and UC might want to comply but
lack the legal authority under California law to do so.
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.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, Municipal Employees,
AFL-CIO
Associated Students of Humboldt State University
Opposition
None on File.
Analysis Prepared
by: John Spangler / V.A. / (916) 319-3550
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