BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1366


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          ASSEMBLY THIRD READING


          AB  
          1366 (Lopez)


          As Amended  June 1, 2015


          Majority vote


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Higher          |10-2  |Medina, Bloom,      |Baker, Harper       |
          |Education       |      |Chávez, Irwin,      |                    |
          |                |      |Jones-Sawyer,       |                    |
          |                |      |Levine, Low,        |                    |
          |                |      |Santiago, Weber,    |                    |
          |                |      |Williams            |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Appropriations  |12-5  |Gomez, Bonta,       |Bigelow, Chang,     |
          |                |      |Calderon, Daly,     |Gallagher, Jones,   |
          |                |      |Eggman,             |Wagner              |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |                |      |Eduardo Garcia,     |                    |
          |                |      |Gordon, Holden,     |                    |
          |                |      |Quirk, Rendon,      |                    |
          |                |      |Weber, Wood         |                    |
          |                |      |                    |                    |
          |                |      |                    |                    |
           ----------------------------------------------------------------- 









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          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,  
          as specified; and, authorizes the governing boards of the segments  
          to accept private funds to establish and operate the centers.   
          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 AB 540 (Firebaugh), Chapter 814, Statutes of 2001, 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% of these students attend  
               college.  Many undocumented youth and their families are  
               unaware of recent policy changes, such as the enactment of AB  
               540, the California Development, Relief, and Education for  
               Alien Minors Act of 2011 (DREAM Act), 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 AB 540;


             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 AB 540.  These Dream Resource Centers would  








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               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, commencing  
            with the 2017-18 academic year, to create Dream Resource Centers  
            on each campus to assist students 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)Authorizes the governing boards of the segments to accept  
            private funds to establish and operate the Dream Resource  
            Centers.


          4)Specifies that the CCC shall create Dream Resource Centers on  
            any campus that has at least 500 currently enrolled students  
            meeting the requirements, as specified; and, shall ensure it has  
            a designated staff person who is knowledgeable in available  
            financial aid, services, and academic opportunities for all  
            students meeting the requirements, as specified.








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          5)Specifies that the CSU shall create Dream Resources Centers on  
            any campus where any of its local feeder community colleges  
            meets the requirement, as specified; and, any CSU campus that  
            does not have a community college feeder school meeting the  
            requirements, shall ensure it has a designated staff person who  
            is knowledgeable in available financial aid, services, and  
            academic opportunities for all students meeting the  
            requirements, as specified.


          6)Specifies that the postsecondary institutions, as specified, are  
            not required to construct new or separate spaces for Dream  
            Resource Centers and that said centers may be housed within  
            existing student service or academic centers.


          7)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)










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          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).


          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  








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          following requirements:


             a)   Were under the age of 31 as of June 15, 2012;
             b)   Came to the United States before their 16th birthday;


             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:  According to the Assembly Appropriations  
          Committee:










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          1)CCC:  Assuming costs at the approximately 50 community colleges  
            with more than 500 AB 540 students would average 75% of CSU  
            costs, total CCC costs would be $3 million ongoing, beginning in  
            2017-18, from the General Fund, Prop. 98.


          2)CSU:  Four of CSU's 23 campuses have centers.  Assuming centers  
            would be established at 12 more campuses, that have feeder  
            community colleges with centers, and assuming ongoing costs  
            averaging about $80,000, systemwide costs would be $960,000  
            annually, beginning in 2017-18.


          3)UC:  No additional costs, as UC indicates it has established a  
            center at every campus, though some are in shared space.


          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 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, 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, Los Angeles, created the first  
          resource center to serve undocumented students.  Since that time,  








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          several other campuses of the UC and CSU have created resource  
          centers. 


          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN:  
          0000762