Amended in Senate September 3, 2015

Amended in Senate September 1, 2015

Amended in Assembly June 1, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 801


Introduced by Assembly Member Bloom

February 26, 2015


An act to amend Sections 66025.9, 69514.5, 69561, and 76300 of, and to add Section 67003.5 to, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 801, as amended, Bloom. Postsecondary education: Success for Homeless Youth in Higher Education Act.

(1) Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. Among other things, the act requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority in that system for registration for enrollment to foster youth, as defined, or former foster youth, until the repeal of this provision on January 1, 2017.

This bill would enact the Success for Homeless Youth in Higher Education Act. The bill would extend the above-referenced priority requirement, with respect to the California State University and community college districts, and would extend the request for the granting of priority, with respect to the University of California, to include homeless youth and former homeless youth, as defined, and extend the operation of this provision until January 1, 2020. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(2) Existing provisions of the Donahoe Higher Education Act set forth various duties and responsibilities for state entities, such as the California State University, the California Community Colleges, the University of California, and the Treasurer, with respect to federal assistance to higher education. Existing provisions of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program set forth the requirements for status as a “qualifying institution,” whose students are eligible, if as individuals they meet pertinent program requirements, to receive Cal Grant awards.

This bill would require qualifying institutions, other than the University of California, which would be requested to do so, to designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as a Homeless and Foster Student Liaison, and to inform current and prospective students of the institution about student financial aid and other assistance available to homeless youth and current and former foster youth, as specified. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

(3) Existing law establishes the Student Aid Commission and assigns to it numerous duties with respect to student financial aid programs, including the Community College Student Financial Aid Outreach Program and the Student Opportunity and Access Program. Both of these programs include provisions addressing the needs of youth from low-income households, and specifically include low-income youth within the scope of the respective programs.

This bill would additionally place homeless youth and former homeless youth, as defined, within the scope of these programs.

(4) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the governing board of each community college district to charge an enrollment fee of $46 per unit per semester, but authorizes the waiver of this fee for students meeting specified requirements.

This bill would add persons who are, at the time of enrollment, homeless youths, as defined, to the groups of persons eligible for this fee waiver. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

begin insert

(5) This bill would incorporate additional changes to Section 76300 of the Education Code proposed by AB 573 that would become operative if this bill and AB 573 are both enacted and this bill is enacted last.

end insert
begin delete

(5)

end delete

begin insert(6)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Success for Homeless Youth in Higher Education Act.

3

SEC. 2.  

Section 66025.9 of the Education Code is amended to
4read:

5

66025.9.  

(a) The California State University and each
6community college district shall, and the University of California
7is requested to, with respect to each campus in their respective
8jurisdictions that administers a priority enrollment system, grant
9priority in that system for registration for enrollment to a foster
10youth or former foster youth or a homeless youth or former
11homeless youth.

12(b) For purposes of this section:

13(1) “Foster youth” means a person who is currently in foster
14care, and “former foster youth” means a person who is an
15emancipated foster youth and who is 24 years of age or younger.

16(2) (A) “Homeless” has the same meaning as defined in Section
17725 of the federal McKinney-Vento Homeless Assistance Act (42
18U.S.C. Sec. 11434a), as it read on December 31, 2015.

19(B) “Homeless youth” means a person who is 24 years of age
20or younger and who has been determined to be homeless at any
21time during the current calendar year, and “former homeless youth”
P4    1means a person who is 24 years of age or younger, and who, while
2not currently homeless, has been determined to be homeless, at
3any time in the immediately preceding six calendar years, by any
4of the following:

5(i) A homeless services provider, as that term is defined in
6paragraph (3) of subdivision (d) of Section 103577 of the Health
7and Safety Code.

8(ii) The director of a federal TRIO program or Gaining Early
9Awareness and Readiness for Undergraduate Programs program,
10or a designee of that director.

11(iii) A financial aid administrator for an institution of higher
12 education.

13(c) This section shall remain in effect only until January 1, 2020,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2020, deletes or extends that date.

16

SEC. 3.  

Section 67003.5 is added to the Education Code, to
17read:

18

67003.5.  

(a) A postsecondary educational institution that is a
19“qualifying institution,” as defined in Section 69432.7, shall do
20both of the following:

21(1) Designate a staff member who is employed within the
22financial aid office, or another appropriate office or department,
23of the institution to serve as the Homeless and Foster Student
24Liaison. The Homeless and Foster Student Liaison shall be
25responsible for understanding the provisions of the federal Higher
26Education Act pertaining to financial aid eligibility of current and
27former foster youth and unaccompanied homeless youth, and for
28identifying services available and appropriate for enrolled students
29who fall under one or more of these categories. The liaison shall
30assist these students in applying for and receiving federal and state
31financial aid and available services.

32(2) Inform current and prospective students of the institution
33about student financial aid and other assistance available to
34homeless youth and current and former foster youth, including
35their eligibility as independent students under Section 1087vv of
36the federal Higher Education Act, as that section read on December
3731, 2015.

38(b) The Regents of the University of California are requested
39to adopt policies that are, to the extent that is feasible, equivalent
40to the provisions of subdivision (a).

P5    1(c) The definitions of foster youth, former foster youth, and
2homeless youth in Section 66025.9 shall apply to this section.

3

SEC. 4.  

Section 69514.5 of the Education Code is amended to
4read:

5

69514.5.  

(a) The Community College Student Financial Aid
6Outreach Program is hereby established. The commission shall,
7in consultation with the office of the Chancellor of the California
8Community Colleges, develop and administer this program for the
9purpose of providing financial aid training to high school and
10community college counselors and advisers who work with students
11planning to attend or attending a community college. This training
12shall also address the specific needs of all of the following:

13(1) Community college students intending to transfer to a
14four-year institution of higher education.

15(2) Foster youth, as defined in Section 66025.9.

16(3) Homeless youth and former homeless youth, as defined in
17Section 66025.9.

18(4) Students with disabilities.

19(b) The program shall provide specialized information on
20financial aid opportunities available to community college students,
21with a particular focus on students who plan to transfer to a
22four-year college or university. The commission shall work in
23collaboration with the Chancellor of the California Community
24Colleges and other segments of higher education to develop and
25distribute this specialized information to assist community college
26students who are planning to transfer to a four-year college or
27university. Each year, the program shall offer financial aid
28 workshops for high school and community college counselors,
29targeted for students planning to attend a community college or to
30transfer from a community college to a four-year institution of
31higher education. The program shall assist community college
32counselors in conducting student and family workshops that
33provide general information about financial aid and technical
34assistance in completing financial aid forms.

35(c) The program shall concentrate its efforts on high schools
36and community colleges that are located in geographic areas that
37have a high percentage of low-income families.

38

SEC. 5.  

Section 69561 of the Education Code is amended to
39read:

P6    1

69561.  

(a) The Student Opportunity and Access Program is
2administered by the Student Aid Commission.

3(b) The Student Aid Commission may apportion funds on a
4progress payment schedule for the support of projects designed to
5increase the accessibility of postsecondary educational
6opportunities for any of the following elementary and secondary
7school pupils:

8(1) Pupils who are from low-income families.

9(2) Pupils who would be the first in their families to attend
10college.

11(3) Pupils who are from schools or geographic regions with
12documented low-eligibility or college participation rates.

13(4) Pupils who are homeless youth or former homeless youth,
14as defined in Section 66025.9.

15(c) These projects shall primarily do all of the following:

16(1) Increase the availability of information for these pupils on
17the existence of postsecondary schooling and work opportunities.

18(2) Raise the achievement levels of these pupils so as to increase
19the number of high school graduates eligible to pursue
20postsecondary learning opportunities.

21(d) Projects may assist community college students in
22transferring to four-year institutions, to the extent that project
23resources are available.

24(e) Projects may provide assistance to low-income fifth and
25sixth grade pupils and their parents in order to implement outreach
26efforts designed to use the future availability of financial assistance
27as a means of motivating pupils to stay in school and complete
28college preparatory courses.

29(f) Projects may provide assistance to low-income middle and
30high school pupils and their parents in order to implement outreach
31efforts designed to use the future availability of financial assistance
32as a means of motivating pupils to stay in school by promoting
33career technical education public awareness. Projects shall promote
34the value of career technical education, available career programs
35 in public schools and postsecondary segments with sequenced
36courses beginning in high school and continuing into postsecondary
37education, and the resulting career opportunities.

38(g) Each project shall be proposed and operated through a
39consortium that involves at least one secondary school district
P7    1office, at least one four-year college or university, at least one
2community college, and at least one of the following agencies:

3(1) A nonprofit educational, counseling, or community agency.

4(2) A private vocational or technical school accredited by a
5national, state, or regional accrediting association recognized by
6the United States Department of Education.

7(h) The commission, in awarding initial project grants, shall
8give priority to proposals developed by more than three eligible
9agencies. Projects shall be located throughout the state in order to
10provide access to program services in rural, urban, and suburban
11areas.

12(i) The governing board of each project, comprising at least one
13representative from each entity in the consortium, shall establish
14management policy, provide direction to the project director, set
15priorities for budgetary decisions that reflect the specific needs of
16the project, and assume responsibility for maintaining the required
17level of matching funds, including solicitations from the private
18sector and corporate sources.

19(j) Prior to receiving a project grant, each consortium shall
20conduct a planning process and submit a comprehensive project
21proposal to include, but not be limited to, the following
22information:

23(1) The agencies participating in the project.

24(2) The pupils to be served by the project.

25(3) The ways in which the project will reduce duplication and
26related costs.

27(4) The methods for assessing the project’s impact.

28(k) Each project shall include the direct involvement of
29secondary school staff in the daily operations of the project, with
30preference in funding to those projects that effectively integrate
31the objectives of the Student Opportunity and Access Program
32with those of the school district in providing services that are
33essential to preparing pupils for postsecondary education.

34(l) Each project shall maintain within the project headquarters
35a comprehensive pupil-specific information system on pupils
36receiving services through the program in grades 11 and 12 at
37secondary schools within the participating districts. This
38information shall be maintained in a manner consistent with the
39law relating to pupil records.

P8    1(m)  At least 30 percent or the equivalent of each project grant
2shall be allocated for stipends to peer advisers and tutors who meet
3all of the following criteria:

4(1) Work with secondary school pupils.

5(2) Are currently enrolled in a college or other postsecondary
6school as an undergraduate or graduate student.

7(3) Have demonstrated financial need for the stipend.

8(n) Each project should work cooperatively with other projects
9in the program and with the commission to establish viable student
10services and sound administrative procedures and to ensure
11coordination of the activities of the project with existing
12educational opportunity programs. The Student Aid Commission
13may develop additional regulations regarding the awarding of
14project grants and criteria for evaluating the effectiveness of the
15individual projects.

16

SEC. 6.  

Section 76300 of the Education Code is amended to
17read:

18

76300.  

(a) The governing board of each community college
19district shall charge each student a fee pursuant to this section.

20(b) (1) The fee prescribed by this section shall be forty-six
21dollars ($46) per unit per semester, effective with the summer term
22of the 2012 calendar year.

23(2) The board of governors shall proportionately adjust the
24amount of the fee for term lengths based upon a quarter system,
25and also shall proportionately adjust the amount of the fee for
26summer sessions, intersessions, and other short-term courses. In
27making these adjustments, the board of governors may round the
28per unit fee and the per term or per session fee to the nearest dollar.

29(c) For the purposes of computing apportionments to community
30college districts pursuant to Section 84750.5, the board of
31governors shall subtract, from the total revenue owed to each
32district, 98 percent of the revenues received by districts from
33charging a fee pursuant to this section.

34(d) The board of governors shall reduce apportionments by up
35to 10 percent to any district that does not collect the fees prescribed
36by this section.

37(e) The fee requirement does not apply to any of the following:

38(1) Students enrolled in the noncredit courses designated by
39Section 84757.

P9    1(2) California State University or University of California
2students enrolled in remedial classes provided by a community
3 college district on a campus of the University of California or a
4campus of the California State University, for whom the district
5claims an attendance apportionment pursuant to an agreement
6between the district and the California State University or the
7University of California.

8(3) Students enrolled in credit contract education courses
9pursuant to Section 78021, if the entire cost of the course, including
10administrative costs, is paid by the public or private agency,
11corporation, or association with which the district is contracting
12and if these students are not included in the calculation of the
13full-time equivalent students (FTES) of that district.

14(f) The governing board of a community college district may
15exempt special part-time students admitted pursuant to Section
1676001 from the fee requirement.

17(g) (1) The fee requirements of this section shall be waived for
18any student who meets all of the following requirements:

19(A) Meets minimum academic and progress standards adopted
20by the board of governors, which fulfill the requirements outlined
21in this paragraph and paragraphs (2) to (5), inclusive. Any
22minimum academic and progress standards adopted pursuant to
23this section shall be uniform across all community college districts
24and campuses. These standards shall not include a maximum unit
25cap, and community college districts and colleges shall not impose
26requirements for fee waiver eligibility other than the minimum
27academic and progress standards adopted by the board of governors
28and the requirements of subparagraph (B).

29(B) Meets one of the following criteria:

30(i) At the time of enrollment, is a recipient of benefits under the
31Temporary Assistance for Needy Families program, the
32Supplemental Security Income/State Supplementary Payment
33Program, or a general assistance program.

34(ii) Demonstrates eligibility according to income standards
35established by regulations of the board of governors.

36(iii) Demonstrates financial need in accordance with the
37methodology set forth in federal law or regulation for determining
38the expected family contribution of students seeking financial aid.

39(iv) At the time of enrollment, is a homeless youth as defined
40in Section 66025.9.

P10   1(2) (A) The board of governors, in consultation with students,
2faculty, and other key stakeholders, shall consider all of the
3following in the development and adoption of minimum academic
4and progress standards pursuant to subparagraph (A) of paragraph
5(1):

6(i) Minimum uniform academic and progress standards that do
7not unfairly disadvantage financially needy students in pursuing
8their education.

9(ii) Criteria for reviewing extenuating circumstances and
10granting appeals that, at a minimum, take into account and do not
11penalize a student for circumstances outside his or her control,
12such as reductions in student support services or changes to the
13economic situation of the student.

14(iii) A process for reestablishing fee waiver eligibility that
15provides a student with a reasonable opportunity to continue or
16resume his or her enrollment at a community college.

17(B) To ensure that students are not unfairly impacted by the
18requirements of subparagraph (A) of paragraph (1), the board of
19governors shall establish a reasonable implementation period that
20commences no sooner than one year from adoption of the minimum
21academic and progress standards, or any subsequent changes to
22these standards, pursuant to subparagraph (A) of paragraph (1)
23and that is phased in to provide students adequate notification of
24this requirement and information about available support resources.

25(3) It is the intent of the Legislature that minimum academic
26and progress standards adopted pursuant to subparagraph (A) of
27paragraph (1) be implemented only as campuses develop and
28implement the student support services and interventions necessary
29to ensure no disproportionate impact to students based on ethnicity,
30gender, disability, or socioeconomic status. The board of governors
31shall consider the ability of community college districts to meet
32the requirements of this paragraph before adopting minimum
33academic and progress standards, or any subsequent changes to
34these standards, pursuant to subparagraph (A) of paragraph (1).

35(4) It is the intent of the Legislature to ensure that a student shall
36not lose fee waiver eligibility without a community college campus
37first demonstrating a reasonable effort to provide a student with
38adequate notification and assistance in maintaining his or her fee
39waiver eligibility. The board of governors shall adopt regulations
40to implement this paragraph that ensure all of the following:

P11   1(A) Students are provided information about the available
2student support services to assist them in maintaining fee waiver
3eligibility.

4(B) Community college district policies and course catalogs
5reflect the minimum academic and progress standards adopted
6pursuant to subparagraph (A) of paragraph (1) and that appropriate
7notice is provided to students before the policies are put into effect.

8(C) A student does not lose fee waiver eligibility unless he or
9she has not met minimum academic and progress standards adopted
10pursuant to subparagraph (A) of paragraph (1) for a period of no
11less than two consecutive academic terms.

12(5) The board of governors shall provide notification of a
13proposed action to adopt regulations pursuant to this subdivision
14to the appropriate policy and fiscal committees of the Legislature
15in accordance with the requirements of paragraph (1) of subdivision
16(a) of Section 70901.5. This notification shall include, but not be
17limited to, all of the following:

18(A) The proposed minimum academic and progress standards
19and information detailing how the requirements of paragraphs (1)
20to (4), inclusive, have been or will be satisfied.

21(B) How many students may lose fee waiver eligibility by
22ethnicity, gender, disability, and, to the extent relevant data is
23available, by socioeconomic status.

24(C) The criteria for reviewing extenuating circumstances,
25granting appeals, and reestablishing fee waiver eligibility pursuant
26to paragraph (2).

27(h) The fee requirements of this section shall be waived for any
28student who, at the time of enrollment, is a dependent or surviving
29spouse who has not remarried, of any member of the California
30National Guard who, in the line of duty and while in the active
31service of the state, was killed, died of a disability resulting from
32an event that occurred while in the active service of the state, or
33is permanently disabled as a result of an event that occurred while
34in the active service of the state. “Active service of the state,” for
35the purposes of this subdivision, refers to a member of the
36California National Guard activated pursuant to Section 146 of
37the Military and Veterans Code.

38(i) The fee requirements of this section shall be waived for any
39student who is the surviving spouse or the child, natural or adopted,
P12   1of a deceased person who met all of the requirements of Section
268120.

3(j) The fee requirements of this section shall be waived for any
4student in an undergraduate program, including a student who has
5previously graduated from another undergraduate or graduate
6program, who is the dependent of any individual killed in the
7September 11, 2001, terrorist attacks on the World Trade Center
8and the Pentagon or the crash of United Airlines Flight 93 in
9southwestern Pennsylvania, if that dependent meets the financial
10need requirements set forth in Section 69432.7 for the Cal Grant
11A Program and either of the following applies:

12(1) The dependent was a resident of California on September
1311, 2001.

14(2) The individual killed in the attacks was a resident of
15California on September 11, 2001.

16(k) A determination of whether a person is a resident of
17California on September 11, 2001, for purposes of subdivision (j)
18shall be based on the criteria set forth in Chapter 1 (commencing
19with Section 68000) of Part 41 of Division 5 for determining
20nonresident and resident tuition.

21(l) (1) “Dependent,” for purposes of subdivision (j), is a person
22who, because of his or her relationship to an individual killed as
23a result of injuries sustained during the terrorist attacks of
24September 11, 2001, qualifies for compensation under the federal
25September 11th Victim Compensation Fund of 2001 (Title IV
26(commencing with Section 401) of Public Law 107-42).

27(2) A dependent who is the surviving spouse of an individual
28killed in the terrorist attacks of September 11, 2001, is entitled to
29the waivers provided in this section until January 1, 2013.

30(3) A dependent who is the surviving child, natural or adopted,
31of an individual killed in the terrorist attacks of September 11,
322001, is entitled to the waivers under subdivision (j) until that
33person attains 30 years of age.

34(4) A dependent of an individual killed in the terrorist attacks
35of September 11, 2001, who is determined to be eligible by the
36California Victim Compensation and Government Claims Board,
37is also entitled to the waivers provided in this section until January
381, 2013.

39(m) (1) It is the intent of the Legislature that sufficient funds
40be provided to support the provision of a fee waiver for every
P13   1student who demonstrates eligibility pursuant to subdivisions (g)
2to (j), inclusive.

3(2) From funds provided in the annual Budget Act, the board
4of governors shall allocate to community college districts, pursuant
5to this subdivision, an amount equal to 2 percent of the fees waived
6pursuant to subdivisions (g) to (j), inclusive. From funds provided
7in the annual Budget Act, the board of governors shall allocate to
8 community college districts, pursuant to this subdivision, an
9amount equal to ninety-one cents ($0.91) per credit unit waived
10pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
11Legislature that funds provided pursuant to this subdivision be
12used to support the determination of financial need and delivery
13of student financial aid services, on the basis of the number of
14students for whom fees are waived. It also is the intent of the
15Legislature that the funds provided pursuant to this subdivision
16directly offset mandated costs claimed by community college
17districts pursuant to Commission on State Mandates consolidated
18Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
19(Enrollment Fee Waivers). Funds allocated to a community college
20district for determination of financial need and delivery of student
21financial aid services shall supplement, and shall not supplant, the
22level of funds allocated for the administration of student financial
23aid programs during the 1992-93 fiscal year.

24(n) The board of governors shall adopt regulations implementing
25this section.

26(o) This section shall become operative on May 1, 2012, only
27if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
28operative.

29begin insert

begin insertSEC. 6.5. end insert  

end insert

begin insertSection 76300 of the end insertbegin insertEducation Codeend insertbegin insert is amended
30to read:end insert

31

76300.  

(a) The governing board of each community college
32district shall charge each student a fee pursuant to this section.

33(b) (1) The fee prescribed by this section shall be forty-six
34dollars ($46) per unit per semester, effective with the summer term
35of the 2012 calendar year.

36(2) The board of governors shall proportionately adjust the
37amount of the fee for term lengths based upon a quarter system,
38and also shall proportionately adjust the amount of the fee for
39summer sessions, intersessions, and other short-term courses. In
P14   1making these adjustments, the board of governors may round the
2per unit fee and the per term or per session fee to the nearest dollar.

3(c) For the purposes of computing apportionments to community
4college districts pursuant to Section 84750.5, the board of
5governors shall subtract, from the total revenue owed to each
6district, 98 percent of the revenues received by districts from
7charging a fee pursuant to this section.

8(d) The board of governors shall reduce apportionments by up
9to 10 percent to any district that does not collect the fees prescribed
10by this section.

11(e) The fee requirement does not apply to any of the following:

12(1) Students enrolled in the noncredit courses designated by
13Section 84757.

14(2) California State University or University of California
15students enrolled in remedial classes provided by a community
16 college district on a campus of the University of California or a
17campus of the California State University, for whom the district
18claims an attendance apportionment pursuant to an agreement
19between the district and the California State University or the
20University of California.

21(3) Students enrolled in credit contract education courses
22pursuant to Section 78021, if the entire cost of the course, including
23administrative costs, is paid by the public or private agency,
24corporation, or association with which the district is contracting
25and if these students are not included in the calculation of the
26full-time equivalent students (FTES) of that district.

27(f) The governing board of a community college district may
28exempt special part-time students admitted pursuant to Section
2976001 from the fee requirement.

30(g) (1) The fee requirements of this section shall be waived for
31any student who meets all of the following requirements:

32(A) Meets minimum academic and progress standards adopted
33by the board of governors, which fulfill the requirements outlined
34in this paragraph and paragraphs (2) to (5), inclusive. Any
35minimum academic and progress standards adopted pursuant to
36this section shall be uniform across all community college districts
37and campuses. These standards shall not include a maximum unit
38cap, and community college districts and colleges shall not impose
39requirements for fee waiver eligibility other than the minimum
P15   1academic and progress standards adopted by the board of governors
2and the requirements of subparagraph (B).

3(B) Meetsbegin insert at leastend insert one of the following criteria:

4(i) At the time of enrollment, is a recipient of benefits under the
5Temporary Assistance for Needy Families program, the
6Supplemental Security Income/State Supplementary Payment
7Program, or a general assistance program.

8(ii) Demonstrates eligibility according to income standards
9established by regulations of the board of governors.

10(iii) Demonstrates financial need in accordance with the
11methodology set forth in federal law or regulation for determining
12the expected family contribution of students seeking financial aid.

begin insert

13(iv) At the time of enrollment, is a homeless youth as defined in
14Section 66025.9.

end insert
begin insert

15(v) Was enrolled at a California campus of a Corinthian
16Colleges, Inc., institution, was unable to complete an education
17program offered by the campus due to the campus’s closure on
18April 27, 2015, and has demonstrated financial need, as determined
19by the enrolling campus. This clause shall become inoperative on
20July 1, 2018.

end insert
begin insert

21(vi) Was enrolled at a California campus of a Corinthian
22Colleges, Inc., institution, withdrew from an education program
23offered by the campus after the earlier of either (1) 120 days before
24the April 27, 2015, closure, or an earlier date as may be
25determined by the Bureau for Private Postsecondary Education
26pursuant to Section 94923, or (2) the date set by the United States
27Department of Education for closed school loan discharge
28eligibility, and has demonstrated financial need, as determined by
29the enrolling campus. This clause shall become inoperative on
30July 1, 2018.

end insert

31(2) (A) The board of governors, in consultation with students,
32faculty, and other key stakeholders, shall consider all of the
33following in the development and adoption of minimum academic
34and progress standards pursuant to subparagraph (A) of paragraph
35(1):

36(i) Minimum uniform academic and progress standards that do
37not unfairly disadvantage financially needy students in pursuing
38their education.

39(ii) Criteria for reviewing extenuating circumstances and
40granting appeals that, at a minimum, take into account and do not
P16   1penalize a student for circumstances outside his or her control,
2such as reductions in student support services or changes to the
3 economic situation of the student.

4(iii) A process for reestablishing fee waiver eligibility that
5provides a student with a reasonable opportunity to continue or
6resume his or her enrollment at a community college.

7(B) To ensure that students are not unfairly impacted by the
8requirements of subparagraph (A) of paragraph (1), the board of
9governors shall establish a reasonable implementation period that
10commences no sooner than one year from adoption of the minimum
11academic and progress standards, or any subsequent changes to
12these standards, pursuant to subparagraph (A) of paragraph (1)
13and that is phased in to provide students adequate notification of
14this requirement and information about available support resources.

15(3) It is the intent of the Legislature that minimum academic
16and progress standards adopted pursuant to subparagraph (A) of
17paragraph (1) be implemented only as campuses develop and
18implement the student support services and interventions necessary
19to ensure no disproportionate impact to students based on ethnicity,
20gender, disability, or socioeconomic status. The board of governors
21shall consider the ability of community college districts to meet
22the requirements of this paragraph before adopting minimum
23academic and progress standards, or any subsequent changes to
24these standards, pursuant to subparagraph (A) of paragraph (1).

25(4) It is the intent of the Legislature to ensure that a student shall
26not lose fee waiver eligibility without a community college campus
27first demonstrating a reasonable effort to provide a student with
28adequate notification and assistance in maintaining his or her fee
29waiver eligibility. The board of governors shall adopt regulations
30to implement this paragraph that ensure all of the following:

31(A) Students are provided information about the available
32student support services to assist them in maintaining fee waiver
33eligibility.

34(B) Community college district policies and course catalogs
35reflect the minimum academic and progress standards adopted
36pursuant to subparagraph (A) of paragraph (1) and that appropriate
37notice is provided to students before the policies are put into effect.

38(C) A student does not lose fee waiver eligibility unless he or
39she has not met minimum academic and progress standards adopted
P17   1pursuant to subparagraph (A) of paragraph (1) for a period of no
2less than two consecutive academic terms.

3(5) The board of governors shall provide notification of a
4proposed action to adopt regulations pursuant to this subdivision
5to the appropriate policy and fiscal committees of the Legislature
6in accordance with the requirements of paragraph (1) of subdivision
7(a) of Section 70901.5. This notification shall include, but not be
8limited to, all of the following:

9(A) The proposed minimum academic and progress standards
10and information detailing how the requirements of paragraphs (1)
11to (4), inclusive, have been or will be satisfied.

12(B) How many students may lose fee waiver eligibility by
13ethnicity, gender, disability, and, to the extent relevant data is
14available, by socioeconomic status.

15(C) The criteria for reviewing extenuating circumstances,
16granting appeals, and reestablishing fee waiver eligibility pursuant
17to paragraph (2).

18(h) The fee requirements of this section shall be waived for any
19student who, at the time of enrollment, is a dependent or surviving
20spouse who has not remarried, of any member of the California
21National Guard who, in the line of duty and while in the active
22service of the state, was killed, died of a disability resulting from
23an event that occurred while in the active service of the state, or
24is permanently disabled as a result of an event that occurred while
25in the active service of the state. “Active service of the state,” for
26the purposes of this subdivision, refers to a member of the
27California National Guard activated pursuant to Section 146 of
28the Military and Veterans Code.

29(i) The fee requirements of this section shall be waived for any
30student who is the surviving spouse or the child, natural or adopted,
31of a deceased person who met all of the requirements of Section
3268120.

33(j) The fee requirements of this section shall be waived for any
34student in an undergraduate program, including a student who has
35previously graduated from another undergraduate or graduate
36program, who is the dependent of any individual killed in the
37September 11, 2001, terrorist attacks on the World Trade Center
38and the Pentagon or the crash of United Airlines Flight 93 in
39southwestern Pennsylvania, if that dependent meets the financial
P18   1need requirements set forth in Section 69432.7 for the Cal Grant
2A Program and either of the following applies:

3(1) The dependent was a resident of California on September
411, 2001.

5(2) The individual killed in the attacks was a resident of
6California on September 11, 2001.

7(k) A determination of whether a person is a resident of
8California on September 11, 2001, for purposes of subdivision (j)
9shall be based on the criteria set forth in Chapter 1 (commencing
10with Section 68000) of Part 41 of Division 5 for determining
11nonresident and resident tuition.

12(l) (1) “Dependent,” for purposes of subdivision (j), is a person
13who, because of his or her relationship to an individual killed as
14a result of injuries sustained during the terrorist attacks of
15September 11, 2001, qualifies for compensation under the federal
16September 11th Victim Compensation Fund of 2001 (Title IV
17(commencing with Section 401) of Public Law 107-42).

18(2) A dependent who is the surviving spouse of an individual
19killed in the terrorist attacks of September 11, 2001, is entitled to
20the waivers provided in this section until January 1, 2013.

21(3) A dependent who is the surviving child, natural or adopted,
22of an individual killed in the terrorist attacks of September 11,
232001, is entitled to the waivers under subdivision (j) until that
24person attains 30 years of age.

25(4) A dependent of an individual killed in the terrorist attacks
26of September 11, 2001, who is determined to be eligible by the
27California Victim Compensation and Government Claims Board,
28is also entitled to the waivers provided in this section until January
291, 2013.

30(m) (1) It is the intent of the Legislature that sufficient funds
31be provided to support the provision of a fee waiver for every
32student who demonstrates eligibility pursuant to subdivisions (g)
33to (j), inclusive.

34(2) From funds provided in the annual Budget Act, the board
35of governors shall allocate to community college districts, pursuant
36to this subdivision, an amount equal to 2 percent of the fees waived
37pursuant to subdivisions (g) to (j), inclusive. From funds provided
38in the annual Budget Act, the board of governors shall allocate to
39community college districts, pursuant to this subdivision, an
40amount equal to ninety-one cents ($0.91) per credit unit waived
P19   1pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
2Legislature that funds provided pursuant to this subdivision be
3used to support the determination of financial need and delivery
4of student financial aid services, on the basis of the number of
5students for whom fees are waived. It also is the intent of the
6Legislature that the funds provided pursuant to this subdivision
7directly offset mandated costs claimed by community college
8districts pursuant to Commission on State Mandates consolidated
9Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
10(Enrollment Fee Waivers). Funds allocated to a community college
11district for determination of financial need and delivery of student
12financial aid services shall supplement, and shall not supplant, the
13level of funds allocated for the administration of student financial
14aid programs during the 1992-93 fiscal year.

15(n) The board of governors shall adopt regulations implementing
16this section.

17(o) This section shall become operative on May 1, 2012, only
18if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
19operative.

20begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

Section 6.5 of this bill incorporates amendments to
21Section 76300 of the Education Code proposed by both this bill
22and Assembly Bill 573. It shall only become operative if (1) both
23bills are enacted and become effective on or before January 1,
242016, (2) each bill amends Section 76300 of the Education Code,
25and (3) this bill is enacted after Assembly Bill 573, in which case
26Section 6 of this bill shall not become operative.

end insert
27

begin deleteSEC. 7.end delete
28begin insertSEC. 8.end insert  

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.



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