BILL NUMBER: AB 801 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 9, 2016
AMENDED IN SENATE SEPTEMBER 3, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
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.
(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.
(6)
( 5) 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:
SECTION 1. This act shall be known, and may be cited, as the
Success for Homeless Youth in Higher Education Act.
SEC. 2. Section 66025.9 of the Education Code is amended to read:
66025.9. (a) The California State University and each community
college district shall, and the University of California is requested
to, with respect to each campus in their respective jurisdictions
that administers a priority enrollment system, grant priority in that
system for registration for enrollment to a foster youth or former
foster youth or a homeless youth or former homeless
youth.
(b) For purposes of this section:
(1) "Foster youth" means a person who is currently in foster care,
and "former foster youth" means a person who is an emancipated
foster youth and who is 24 years of age or younger.
(2) (A) "Homeless" has the same meaning as defined in Section 725
of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a), as it read on December 31, 2015.
(B) "Homeless youth" means a person who is 24 years of age or
younger and who has been determined to be homeless at any time during
the current calendar year, and "former homeless youth" means a
person who is 24 years of age or younger, and who, while not
currently homeless, has been determined to be homeless, at any time
in the immediately preceding six calendar years, by any of the
following:
(2) "Homeless youth" means a student under 25 years of age, who
has been verified at any time during the 24 months immediately
preceding the receipt of his or her application for admission by a
postsecondary educational institution that is a qualifying
institution pursuant to Section 69432.7, as a homeless child or
youth, as defined in subsection (2) of Section 725 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by
at least one of the following:
(i) A homeless services provider, as that term is defined in
paragraph (3) of subdivision (d) of Section 103577 of the Health and
Safety Code.
(ii) The director of a federal TRIO program or Gaining Early
Awareness and Readiness for Undergraduate Programs program, or a
designee of that director.
(iii) A financial aid administrator for an institution of higher
education.
(c) For purposes of this section, a student who is verified as a
homeless youth as defined in paragraph (2) of subdivision (b) shall
retain that status for a period of six years from the date of
admission to the postsecondary educational institution.
(c)
( d) This section shall remain in effect
only until January 1, 2020, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2020,
deletes or extends that date.
SEC. 3. Section 67003.5 is added to the Education Code, to read:
67003.5. (a) A postsecondary educational institution that is a
"qualifying institution," as defined in Section 69432.7, shall do
both of the following:
(1) Designate a staff member who is employed within the financial
aid office, or another appropriate office or department, of the
institution to serve as the Homeless and Foster Student Liaison. The
Homeless and Foster Student Liaison shall be responsible for
understanding the provisions of the federal Higher Education Act
pertaining to financial aid eligibility of current and former foster
youth and unaccompanied homeless youth,
including unaccompanied homeless youth, and for identifying
services available and appropriate for enrolled students who fall
under one or more of these categories. The liaison shall assist these
students in applying for and receiving federal and state financial
aid and available services.
(2) 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, including their
eligibility as independent students under Section 1087vv of the
federal Higher Education Act, as that section read on December 31,
2015.
(b) The Regents of the University of California are requested to
adopt policies that are, to the extent that is feasible, equivalent
to the provisions of subdivision (a).
(c) The definitions of foster youth, former foster youth, and
homeless youth in subdivision (b) of Section 66025.9 shall
apply to this section.
SEC. 4. Section 69514.5 of the Education Code is amended to read:
69514.5. (a) The Community College Student Financial Aid Outreach
Program is hereby established. The commission shall, in consultation
with the office of the Chancellor of the California Community
Colleges, develop and administer this program for the purpose of
providing financial aid training to high school and community college
counselors and advisers who work with students planning to attend or
attending a community college. This training shall also address the
specific needs of all of the following:
(1) Community college students intending to transfer to a
four-year institution of higher education.
(2) Foster youth and former foster youth, as defined in
subdivision (b) of Section 66025.9.
(3) Homeless youth and former homeless youth,
as defined in subdivision (b) of Section 66025.9.
(4) Students with disabilities.
(b) The program shall provide specialized information on financial
aid opportunities available to community college students, with a
particular focus on students who plan to transfer to a four-year
college or university. The commission shall work in collaboration
with the Chancellor of the California Community Colleges and other
segments of higher education to develop and distribute this
specialized information to assist community college students who are
planning to transfer to a four-year college or university. Each year,
the program shall offer financial aid workshops for high school and
community college counselors, targeted for students planning to
attend a community college or to transfer from a community college to
a four-year institution of higher education. The program shall
assist community college counselors in conducting student and family
workshops that provide general information about financial aid and
technical assistance in completing financial aid forms.
(c) The program shall concentrate its efforts on high schools and
community colleges that are located in geographic areas that have a
high percentage of low-income families.
SEC. 5. Section 69561 of the Education Code is amended to read:
69561. (a) The Student Opportunity and Access Program is
administered by the Student Aid Commission.
(b) The Student Aid Commission may apportion funds on a progress
payment schedule for the support of projects designed to increase the
accessibility of postsecondary educational opportunities for any of
the following elementary and secondary school pupils:
(1) Pupils who are from low-income families.
(2) Pupils who would be the first in their families to attend
college.
(3) Pupils who are from schools or geographic regions with
documented low-eligibility or college participation rates.
(4) Pupils who are homeless youth or former homeless
youth, as defined in subdivision (b) of Section
66025.9.
(c) These projects shall primarily do all of the following:
(1) Increase the availability of information for these pupils on
the existence of postsecondary schooling and work opportunities.
(2) Raise the achievement levels of these pupils so as to increase
the number of high school graduates eligible to pursue postsecondary
learning opportunities.
(d) Projects may assist community college students in transferring
to four-year institutions, to the extent that project resources are
available.
(e) Projects may provide assistance to low-income fifth and sixth
grade pupils and their parents in order to implement outreach efforts
designed to use the future availability of financial assistance as a
means of motivating pupils to stay in school and complete college
preparatory courses.
(f) Projects may provide assistance to low-income middle and high
school pupils and their parents in order to implement outreach
efforts designed to use the future availability of financial
assistance as a means of motivating pupils to stay in school by
promoting career technical education public awareness. Projects shall
promote the value of career technical education, available career
programs in public schools and postsecondary segments with sequenced
courses beginning in high school and continuing into postsecondary
education, and the resulting career opportunities.
(g) Each project shall be proposed and operated through a
consortium that involves at least one secondary school district
office, at least one four-year college or university, at least one
community college, and at least one of the following agencies:
(1) A nonprofit educational, counseling, or community agency.
(2) A private vocational or technical school accredited by a
national, state, or regional accrediting association recognized by
the United States Department of Education.
(h) The commission, in awarding initial project grants, shall give
priority to proposals developed by more than three eligible
agencies. Projects shall be located throughout the state in order to
provide access to program services in rural, urban, and suburban
areas.
(i) The governing board of each project, comprising at least one
representative from each entity in the consortium, shall establish
management policy, provide direction to the project director, set
priorities for budgetary decisions that reflect the specific needs of
the project, and assume responsibility for maintaining the required
level of matching funds, including solicitations from the private
sector and corporate sources.
(j) Prior to receiving a project grant, each consortium shall
conduct a planning process and submit a comprehensive project
proposal to include, but not be limited to, the following
information:
(1) The agencies participating in the project.
(2) The pupils to be served by the project.
(3) The ways in which the project will reduce duplication and
related costs.
(4) The methods for assessing the project's impact.
(k) Each project shall include the direct involvement of secondary
school staff in the daily operations of the project, with preference
in funding to those projects that effectively integrate the
objectives of the Student Opportunity and Access Program with those
of the school district in providing services that are essential to
preparing pupils for postsecondary education.
(l) Each project shall maintain within the project headquarters a
comprehensive pupil-specific information system on pupils receiving
services through the program in grades 11 and 12 at secondary schools
within the participating districts. This information shall be
maintained in a manner consistent with the law relating to pupil
records.
(m) At least 30 percent or the equivalent of each project grant
shall be allocated for stipends to peer advisers and tutors who meet
all of the following criteria:
(1) Work with secondary school pupils.
(2) Are currently enrolled in a college or other postsecondary
school as an undergraduate or graduate student.
(3) Have demonstrated financial need for the stipend.
(n) Each project should work cooperatively with other projects in
the program and with the commission to establish viable student
services and sound administrative procedures and to ensure
coordination of the activities of the project with existing
educational opportunity programs. The Student Aid Commission may
develop additional regulations regarding the awarding of project
grants and criteria for evaluating the effectiveness of the
individual projects.
SEC. 6. Section 76300 of the Education Code is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included in the calculation
of the full-time equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the
board of governors, which fulfill the requirements outlined in this
paragraph and paragraphs (2) to (5), inclusive. Any minimum academic
and progress standards adopted pursuant to this section shall be
uniform across all community college districts and campuses. These
standards shall not include a maximum unit cap, and community college
districts and colleges shall not impose requirements for fee waiver
eligibility other than the minimum academic and progress standards
adopted by the board of governors and the requirements of
subparagraph (B).
(B) Meets one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance for Needy Families program, the Supplemental
Security Income/State Supplementary Payment Program, or a general
assistance program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(iv) At the time of enrollment, is a homeless youth as defined in
subdivision (b) of Section 66025.9.
(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic and
progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not
unfairly disadvantage financially needy students in pursuing their
education.
(ii) Criteria for reviewing extenuating circumstances and granting
appeals that, at a minimum, take into account and do not penalize a
student for circumstances outside his or her control, such as
reductions in student support services or changes to the economic
situation of the student.
(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to these
standards, pursuant to subparagraph (A) of paragraph (1) and that is
phased in to provide students adequate notification of this
requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and
progress standards adopted pursuant to subparagraph (A) of paragraph
(1) be implemented only as campuses develop and implement the student
support services and interventions necessary to ensure no
disproportionate impact to students based on ethnicity, gender,
disability, or socioeconomic status. The board of governors shall
consider the ability of community college districts to meet the
requirements of this paragraph before adopting minimum academic and
progress standards, or any subsequent changes to these standards,
pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student
shall not lose fee waiver eligibility without a community college
campus first demonstrating a reasonable effort to provide a student
with adequate notification and assistance in maintaining his or her
fee waiver eligibility. The board of governors shall adopt
regulations to implement this paragraph that ensure all of the
following:
(A) Students are provided information about the available student
support services to assist them in maintaining fee waiver
eligibility.
(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted pursuant
to subparagraph (A) of paragraph (1) and that appropriate notice is
provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no less
than two consecutive academic terms.
(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision to
the appropriate policy and fiscal committees of the Legislature in
accordance with the requirements of paragraph (1) of subdivision (a)
of Section 70901.5. This notification shall include, but not be
limited to, all of the following:
(A) The proposed minimum academic and progress standards and
information detailing how the requirements of paragraphs (1) to (4),
inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting
appeals, and reestablishing fee waiver eligibility pursuant to
paragraph (2).
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 6.5. Section 76300 of the Education Code
is amended to read:
76300. (a) The governing board of each community college district
shall charge each student a fee pursuant to this section.
(b) (1) The fee prescribed by this section shall be forty-six
dollars ($46) per unit per semester, effective with the summer term
of the 2012 calendar year.
(2) The board of governors shall proportionately adjust the amount
of the fee for term lengths based upon a quarter system, and also
shall proportionately adjust the amount of the fee for summer
sessions, intersessions, and other short-term courses. In making
these adjustments, the board of governors may round the per unit fee
and the per term or per session fee to the nearest dollar.
(c) For the purposes of computing apportionments to community
college districts pursuant to Section 84750.5, the board of governors
shall subtract, from the total revenue owed to each district, 98
percent of the revenues received by districts from charging a fee
pursuant to this section.
(d) The board of governors shall reduce apportionments by up to 10
percent to any district that does not collect the fees prescribed by
this section.
(e) The fee requirement does not apply to any of the following:
(1) Students enrolled in the noncredit courses designated by
Section 84757.
(2) California State University or University of California
students enrolled in remedial classes provided by a community college
district on a campus of the University of California or a campus of
the California State University, for whom the district claims an
attendance apportionment pursuant to an agreement between the
district and the California State University or the University of
California.
(3) Students enrolled in credit contract education courses
pursuant to Section 78021, if the entire cost of the course,
including administrative costs, is paid by the public or private
agency, corporation, or association with which the district is
contracting and if these students are not included
in the calculation of the full-time
equivalent students (FTES) of that district.
(f) The governing board of a community college district may exempt
special part-time students admitted pursuant to Section 76001 from
the fee requirement.
(g) (1) The fee requirements of this section shall be waived for
any student who meets all of the following requirements:
(A) Meets minimum academic and progress standards adopted by the
board of governors, which fulfill the requirements outlined in this
paragraph and paragraphs (2) to (5), inclusive. Any minimum academic
and progress standards adopted pursuant to this section shall be
uniform across all community college districts and campuses. These
standards shall not include a maximum unit cap, and community college
districts and colleges shall not impose requirements for fee waiver
eligibility other than the minimum academic and progress standards
adopted by the board of governors and the requirements of
subparagraph (B).
(B) Meets at least one of the following criteria:
(i) At the time of enrollment, is a recipient of benefits under
the Temporary Assistance for Needy Families program, the Supplemental
Security Income/State Supplementary Payment Program, or a general
assistance program.
(ii) Demonstrates eligibility according to income standards
established by regulations of the board of governors.
(iii) Demonstrates financial need in accordance with the
methodology set forth in federal law or regulation for determining
the expected family contribution of students seeking financial aid.
(iv) At the time of enrollment, is a homeless youth as defined in
Section 66025.9.
(v) Was enrolled at a California campus of a Corinthian Colleges,
Inc., institution, was unable to complete an education program
offered by the campus due to the campus's closure on April 27, 2015,
and has demonstrated financial need, as determined by the enrolling
campus. This clause shall become inoperative on July 1, 2018.
(vi) Was enrolled at a California campus of a Corinthian Colleges,
Inc., institution, withdrew from an education program offered by the
campus after the earlier of either (1) 120 days before the April 27,
2015, closure, or an earlier date as may be determined by the Bureau
for Private Postsecondary Education pursuant to Section 94923, or
(2) the date set by the United States Department of Education for
closed school loan discharge eligibility, and has demonstrated
financial need, as determined by the enrolling campus. This clause
shall become inoperative on July 1, 2018.
(2) (A) The board of governors, in consultation with students,
faculty, and other key stakeholders, shall consider all of the
following in the development and adoption of minimum academic and
progress standards pursuant to subparagraph (A) of paragraph (1):
(i) Minimum uniform academic and progress standards that do not
unfairly disadvantage financially needy students in pursuing their
education.
(ii) Criteria for reviewing extenuating circumstances and granting
appeals that, at a minimum, take into account and do not penalize a
student for circumstances outside his or her control, such as
reductions in student support services or changes to the economic
situation of the student.
(iii) A process for reestablishing fee waiver eligibility that
provides a student with a reasonable opportunity to continue or
resume his or her enrollment at a community college.
(B) To ensure that students are not unfairly impacted by the
requirements of subparagraph (A) of paragraph (1), the board of
governors shall establish a reasonable implementation period that
commences no sooner than one year from adoption of the minimum
academic and progress standards, or any subsequent changes to these
standards, pursuant to subparagraph (A) of paragraph (1) and that is
phased in to provide students adequate notification of this
requirement and information about available support resources.
(3) It is the intent of the Legislature that minimum academic and
progress standards adopted pursuant to subparagraph (A) of paragraph
(1) be implemented only as campuses develop and implement the student
support services and interventions necessary to ensure no
disproportionate impact to students based on ethnicity, gender,
disability, or socioeconomic status. The board of governors shall
consider the ability of community college districts to meet the
requirements of this paragraph before adopting minimum academic and
progress standards, or any subsequent changes to these standards,
pursuant to subparagraph (A) of paragraph (1).
(4) It is the intent of the Legislature to ensure that a student
shall not lose fee waiver eligibility without a community college
campus first demonstrating a reasonable effort to provide a student
with adequate notification and assistance in maintaining his or her
fee waiver eligibility. The board of governors shall adopt
regulations to implement this paragraph that ensure all of the
following:
(A) Students are provided information about the available student
support services to assist them in maintaining fee waiver
eligibility.
(B) Community college district policies and course catalogs
reflect the minimum academic and progress standards adopted pursuant
to subparagraph (A) of paragraph (1) and that appropriate notice is
provided to students before the policies are put into effect.
(C) A student does not lose fee waiver eligibility unless he or
she has not met minimum academic and progress standards adopted
pursuant to subparagraph (A) of paragraph (1) for a period of no less
than two consecutive academic terms.
(5) The board of governors shall provide notification of a
proposed action to adopt regulations pursuant to this subdivision to
the appropriate policy and fiscal committees of the Legislature in
accordance with the requirements of paragraph (1) of subdivision (a)
of Section 70901.5. This notification shall include, but not be
limited to, all of the following:
(A) The proposed minimum academic and progress standards and
information detailing how the requirements of paragraphs (1) to (4),
inclusive, have been or will be satisfied.
(B) How many students may lose fee waiver eligibility by
ethnicity, gender, disability, and, to the extent relevant data is
available, by socioeconomic status.
(C) The criteria for reviewing extenuating circumstances, granting
appeals, and reestablishing fee waiver eligibility pursuant to
paragraph (2).
(h) The fee requirements of this section shall be waived for any
student who, at the time of enrollment, is a dependent or surviving
spouse who has not remarried, of any member of the California
National Guard who, in the line of duty and while in the active
service of the state, was killed, died of a disability resulting from
an event that occurred while in the active service of the state, or
is permanently disabled as a result of an event that occurred while
in the active service of the state. "Active service of the state,"
for the purposes of this subdivision, refers to a member of the
California National Guard activated pursuant to Section 146 of the
Military and Veterans Code.
(i) The fee requirements of this section shall be waived for any
student who is the surviving spouse or the child, natural or adopted,
of a deceased person who met all of the requirements of Section
68120.
(j) The fee requirements of this section shall be waived for any
student in an undergraduate program, including a student who has
previously graduated from another undergraduate or graduate program,
who is the dependent of any individual killed in the September 11,
2001, terrorist attacks on the World Trade Center and the Pentagon or
the crash of United Airlines Flight 93 in southwestern Pennsylvania,
if that dependent meets the financial need requirements set forth in
Section 69432.7 for the Cal Grant A Program and either of the
following applies:
(1) The dependent was a resident of California on September 11,
2001.
(2) The individual killed in the attacks was a resident of
California on September 11, 2001.
(k) A determination of whether a person is a resident of
California on September 11, 2001, for purposes of subdivision (j)
shall be based on the criteria set forth in Chapter 1 (commencing
with Section 68000) of Part 41 of Division 5 for determining
nonresident and resident tuition.
(l) (1) "Dependent," for purposes of subdivision (j), is a person
who, because of his or her relationship to an individual killed as a
result of injuries sustained during the terrorist attacks of
September 11, 2001, qualifies for compensation under the federal
September 11th Victim Compensation Fund of 2001 (Title IV (commencing
with Section 401) of Public Law 107-42).
(2) A dependent who is the surviving spouse of an individual
killed in the terrorist attacks of September 11, 2001, is entitled to
the waivers provided in this section until January 1, 2013.
(3) A dependent who is the surviving child, natural or adopted, of
an individual killed in the terrorist attacks of September 11, 2001,
is entitled to the waivers under subdivision (j) until that person
attains 30 years of age.
(4) A dependent of an individual killed in the terrorist attacks
of September 11, 2001, who is determined to be eligible by the
California Victim Compensation and Government Claims Board, is also
entitled to the waivers provided in this section until January 1,
2013.
(m) (1) It is the intent of the Legislature that sufficient funds
be provided to support the provision of a fee waiver for every
student who demonstrates eligibility pursuant to subdivisions (g) to
(j), inclusive.
(2) From funds provided in the annual Budget Act, the board of
governors shall allocate to community college districts, pursuant to
this subdivision, an amount equal to 2 percent of the fees waived
pursuant to subdivisions (g) to (j), inclusive. From funds provided
in the annual Budget Act, the board of governors shall allocate to
community college districts, pursuant to this subdivision, an amount
equal to ninety-one cents ($0.91) per credit unit waived pursuant to
subdivisions (g) to (j), inclusive. It is the intent of the
Legislature that funds provided pursuant to this subdivision be used
to support the determination of financial need and delivery of
student financial aid services, on the basis of the number of
students for whom fees are waived. It also is the intent of the
Legislature that the funds provided pursuant to this subdivision
directly offset mandated costs claimed by community college districts
pursuant to Commission on State Mandates consolidated Test Claims
99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee
Waivers). Funds allocated to a community college district for
determination of financial need and delivery of student financial aid
services shall supplement, and shall not supplant, the level of
funds allocated for the administration of student financial aid
programs during the 1992-93 fiscal year.
(n) The board of governors shall adopt regulations implementing
this section.
(o) This section shall become operative on May 1, 2012, only if
subdivision (b) of Section 3.94 of the Budget Act of 2011 is
operative.
SEC. 7. Section 6.5 of this bill incorporates
amendments to Section 76300 of the Education Code proposed by both
this bill and Assembly Bill 573. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 76300 of the Education Code,
and (3) this bill is enacted after Assembly Bill 573, in which case
Section 6 of this bill shall not become operative.
SEC. 8. SEC. 7. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.