BILL NUMBER: AB 949	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gonzalez
    (   Principal coauthor:   Senator 
 Lara   ) 

                        FEBRUARY 26, 2015

    An act to amend Section 68130.5 of the Education Code,
relating to public postsecondary education.    
An act to add Sections 33353.7 and 51220.7 to the Education Code,
relating to physical education. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 949, as amended, Gonzalez.  Public postsecondary
education: exemption from nonresident tuition.  
Physical education: cheerleading.  
   (1) Existing law describes the California Interscholastic
Federation, provides the intent of the Legislature regarding its
policies, and requires it to report to the Legislature and the
Governor on its evaluation and accountability activities on or before
January 1, 2016.  
   This bill would provide that it is the intent of the Legislature
that, no later than January 1, 2017, the California Interscholastic
Federation, in consultation with the State Department of Education,
develop guidelines, procedures, and safety standards for the purpose
of classifying cheerleading as an interscholastic sport.  
   (2) Existing law requires the adopted course of study for grades 7
to 12, inclusive, to offer courses in specified areas of study,
including physical education.  
   This bill would require the department to authorize a school
district to allow a pupil to satisfy the physical education course of
study for grades 7 to 12, inclusive, by participating in
cheerleading.  
   Existing law exempts a student, other than a nonimmigrant alien,
as defined, from paying nonresident tuition at the California State
University and the California Community Colleges if the student meets
certain requirements. Existing law authorizes a community college
district to report a student who is exempt from nonresident tuition
as a full-time equivalent student for apportionment purposes.
 
   This bill would make a nonsubstantive change to this provision.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 33353.7 is added to the 
 Education Code   , to read:  
   33353.7.  It is the intent of the Legislature that, no later than
January 1, 2017, the California Interscholastic Federation, in
consultation with the department, develop guidelines, procedures, and
safety standards for the purpose of classifying cheerleading as an
interscholastic sport. 
   SEC. 2.    Section 51220.7 is added to the  
Education Code   , to read:  
   51220.7.  Notwithstanding any other law, the department shall
authorize a school district to allow a pupil to satisfy the physical
education course of study for grades 7 to 12, inclusive, required
pursuant to Section 51220, by participating in cheerleading. 

  SECTION 1.    Section 68130.5 of the Education
Code is amended to read:
   68130.5.  Notwithstanding any other law:
   (a) A student, other than a nonimmigrant alien within the meaning
of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the
United States Code, who meets all of the following requirements
shall be exempt from paying nonresident tuition at the California
State University and the California Community Colleges:
   (1) Satisfaction of either of the following:
   (A) High school attendance in California for three or more years.
   (B) Attainment of credits earned in California from a California
high school equivalent to three or more years of full-time high
school coursework and a total of three or more years of attendance in
California elementary schools, California secondary schools, or a
combination of those schools.
   (2) Graduation from a California high school or attainment of the
equivalent thereof.
   (3) Registration as an entering student at, or current enrollment
at, an accredited institution of higher education in California not
earlier than the fall semester or quarter of the 2001-02 academic
year.
   (4) In the case of a person without lawful immigration status, the
filing of an affidavit with the institution of higher education
stating that the student has filed an application to legalize his or
her immigration status, or will file an application as soon as he or
she is eligible to do so.
   (b) A student who is exempt from nonresident tuition under this
section may be reported by a community college district as a
full-time equivalent student for apportionment purposes.
   (c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall prescribe
rules and regulations for the implementation of this section.
   (d) Student information obtained in the implementation of this
section is confidential.