BILL ANALYSIS Ó
AB 1366
Page 1
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1366
(Lopez) - As Introduced February 27, 2015
SUBJECT: Public postsecondary education: Dream Resource
Centers
SUMMARY: Requires the California Community Colleges (CCC) and
the California State University (CSU), and requests the
University of California (UC), to create Dream Resource Centers
on each campus. Specifically, this bill:
1)Finds and declares the following intent of the Legislature:
a) It is the intent of the Legislature to increase
enrollment and graduation rates among students meeting the
requirements of Assembly Bill 540 of the 2001-02 Regular
Session (Firebaugh, Ch. 814) by requiring the creation of
Dream Resource Centers at public institutions of higher
education;
b) It is estimated that each year approximately 65,000
undocumented students graduate from high schools, and while
California has been a leader in enacting innovative and
bold laws to provide opportunities for undocumented youth
to attain higher education, only 20 percent of these
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students attend college. Many undocumented youth and their
families are unaware of recent policy changes, such as the
enactment of Assembly Bill 540 of the 2001-02 Regular
Session, the California Dream Act of 2011, and the federal
Deferred Action for Childhood Arrivals (DACA), that make
college graduation more attainable. Currently, the majority
of college campuses do not have a centralized location that
provides specialized support services and resources for
students meeting the requirements of Assembly Bill 540 of
the 2001-02 Regular Session;
c) The creation of Dream Resource Centers would save staff
time and resources by streamlining all available financial
aid and academic opportunities for students meeting the
requirements of Assembly Bill 540 of the 2001-02 Regular
Session. These Dream Resource Centers would seek to empower
and create a safe and welcoming environment for those
students. These centers would increase enrollment,
transfer, and graduation rates among this population; and,
d) A number of college campuses have acknowledged the needs
and challenges of these students and have created Dream
Resources Centers. These include: the University of
California, Los Angeles; the University of California,
Davis; the California State University, Los Angeles; the
California State University, Fullerton; and the California
State University, Northridge. These centers provide, among
other things, informational workshops, legal clinics,
information on programs available to undocumented
immigrants, and peer mentoring and support services to
increase awareness of existing programs and available
resources, enhance professional development, and increase
employment opportunities.
2)Requires the CCC and the CSU, and requests the UC, to create
Dream Resource Centers on each campus to assist students
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meeting requirements, as set forth the Education Code (EC)
Section 68130.5 by streamlining access to all available
financial aid and academic opportunities for those students.
3)Establishes if the Commission on State Mandates determines
that this act contains costs mandated by the state, the state
will need to reimburse applicable entities.
EXISTING LAW:
1)Qualifies for lower resident fee/tuition payments at the CCC,
CSU, and UC, a student who attended high school in California
for three (or equivalency) or more years, graduated (or
equivalency) from a California high school, enrolled at an
accredited institution of higher education in California not
earlier than the fall semester or quarter of 2001-02, and
files 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. These students are often
referred to as "AB 540 students." (EC Section 68130.5)
2)Establishes the California DREAM Act to provide state,
including the Cal Grant Program and the CCC Board of Governors
Fee Waiver, and institutional financial aid to students who
qualify the aforementioned exemption from non-resident
tuition, students must apply by March 2 prior to the academic
year; Dream Act recipients receive Cal Grant Entitlement
awards, but are not eligible for Competitive Cal Grant awards
unless funding remains available after eligible California
students have received awards. According to CSAC, in 2014-15,
38,473 students completed a Dream Act Application, 8,195
awards were offered, and 4,206 awards paid (EC Section
69508.5).
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3)Establishes the California DREAM Loan Program intended to
provide low-interest loans to Dream Act students who are
accessing the Cal Grant program and attending UC and CSU.
These students are not eligible for federal student loans,
making it difficult for some to cover the total costs of
college. The law requires the state and UC and CSU to split
the costs of launching the program. The state would need to
provide about $4.7 million General Fund to begin the program.
In 2014, the Governor signed SB 1210 (Lara), Chapter 754, but
does not provide funding in the 2015-16 budget for the program
(EC Sections 70030-70039).
FEDERAL LAW: On June 15, 2012, the Secretary of Homeland
Security, under the direction of President Obama, announced the
Deferred Action for Childhood Arrivals (DACA) policy, providing
certain people who came to the United States as children and
meet several guidelines authority to request consideration of
deferred action for a period of two years, subject to renewal.
They are also eligible for work authorization. Deferred action
is a use of prosecutorial discretion to defer removal action
against an individual for a certain period of time. Deferred
action does not provide lawful status.
Individuals may request consideration of DACA if they meet the
following requirements:
a) Were under the age of 31 as of June 15, 2012;
b) Came to the United States before their 16th birthday;
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c) Have continuously resided in the United States since
June 15, 2007, up to the present time;
d) Were physically present in the United States on June 15,
2012, and at the time of making the request for
consideration of deferred action;
e) Had no lawful status on June 15, 2012, meaning never had
a lawful immigration status on or before June 15, 2012, or
any lawful immigration status or parole obtained prior to
June 15, 2012, that had expired as of June 15, 2012;
f) Currently in school, have graduated or obtained a
certificate of completion from high school, have obtained a
General Educational Development (GED) certificate, or are
an honorably discharged veteran of the Coast Guard or Armed
Forces of the United States; and,
g) Have not been convicted of a felony, a significant
misdemeanor, three or more other misdemeanors, and do not
otherwise pose a threat to national security or public
safety.
FISCAL EFFECT: Unknown
COMMENTS: Purpose of this measure. According to the author,
"There is no law that ensures that California public colleges
and universities give adequate support to the undocumented
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student populations at their respective campuses to obtain their
educational goals." The author contends, "This bill will
address the problem by creating a centralized and trusted space
that undocumented students will be able to utilize to access all
resources and opportunities without discrimination due to their
legal status."
Background. According to information provided by the author, it
is estimated that each year approximately 65,000 undocumented
students graduate from high schools in the United States. Since
the passage of AB 540 (Firebaugh) Chapter 814, Statutes of 2001,
California Dream Act, Deferred Action for Childhood Arrivals,
and other pieces of legislation, college affordability has
become more attainable for undocumented students in the state.
The University of California at Los Angeles created the first
resource center to serve undocumented students. Since that
time, several other campuses of the UC and CSU have created
resource centers.
Committee considerations. As presently drafted, this measure
will require all CSU and CCC campuses to create Dream Resource
Centers. It is unclear as to whether or not all campuses have a
need for a Dream Resource Center. The Committee may wish to
consider asking the author to amend this measure to authorize
the CCC Board of Governors and the CSU Trustees to establish
Dream Resource Centers.
Additionally, once Dream Centers are established, it is
presently unclear how each campus will ensure that the center is
not just a place for students to hang out, but fully staffed
with the appropriate people able to facilitate the varying needs
of the students in which this measure seeks to serve. The
Committee may wish to consider asking the author to amend this
measure to add more specificity as to the nature of how the
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Dream Centers will function once established.
Lastly, this measure appears to have close similarities to SB
247 (Lara) (see "Related legislation" Section of this analysis).
Related legislation. Senate Bill 247 (Lara), which is awaiting
a hearing in the Senate Appropriations Committee, would, among
others, authorize the governing board of a school district or
county office of education that maintain grades 9-12, the
governing board of a CCC district, and the CSU Trustees, and
encourage the UC Regents to establish on-campus Dream Centers
for the purposes of providing educational support services
applicable to undocumented students.
REGISTERED SUPPORT / OPPOSITION:
Support
Berkeley City College
California Dream Network
California Immigrant Policy Center
California League of United Latin American Citizens
California Student Aid Commission
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Coalition for Humane Immigrant Rights of Los Angeles
DREAMS - UC at Irvine Chapter
Dreams to be Heard - CSU, Northridge Chapter
Educators for Fair Consideration
Espiritu de Nuestro Futuro - CSU, Dominguez Hills Chapter
Fullerton Dream Team
Improving Dreams, Equity, Access, & Success - San Francisco
State University Chapter
Improving Dreams, Equity, Access, & Success - Southwestern
Community College Chapter
National Association of Social Workers, California Chapter
Scholars Promoting Education, Awareness and Knowledge - UC at
Davis Chapter
Services, Immigrant Rights, and Education Network
Voices Organizing Immigrant Communities for Educational Success
- Glendale Community
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College Chapter
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960