BILL ANALYSIS Ó
AB 1366
Page 1
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 | |
| | | | |
| | | | |
-----------------------------------------------------------------
AB 1366
Page 2
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
AB 1366
Page 3
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.
AB 1366
Page 4
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)
AB 1366
Page 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).
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
AB 1366
Page 6
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:
AB 1366
Page 7
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,
AB 1366
Page 8
several other campuses of the UC and CSU have created resource
centers.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960 FN:
0000762