Amended in Assembly January 5, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1449


Introduced by Assembly Member Lopez

February 27, 2015


An act to amend Section 69436 of the Education Code, relating to student financial aid.

LEGISLATIVE COUNSEL’S DIGEST

AB 1449, as amended, Lopez. Student financial aid: California Community College Transfer Cal Grant Entitlement Program.

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Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions.

end insert
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Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree receives a Cal Grant A or B award if the student meets specified requirements, among which is that the student graduate from a California high school or its equivalent during or after the 2000-01 academic year.

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This bill would instead require that the student receiving a California Community College Transfer Cal Grant Entitlement award either graduate from a California high school or its equivalent during or after the 2000-01 academic year or be a California resident, as defined, on his or her 18th birthday. The bill would specify certain documents that a student could use to verify that he or she satisfies this requirement.

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Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions.

end delete
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Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree receives a Cal Grant A or B award if the student meets specified requirements, among which are that the student not be 28 years of age or older by December 31 of the award year and that the student graduate from a California high school or its equivalent during or after the 2000-01 academic year.

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This bill would instead require that the student receiving a California Community College Transfer Cal Grant Entitlement award not be 30 years of age or older by December 31 of the award year. The bill would eliminate the requirement that the student graduate from a California high school or its equivalent during or after the 2000-01 academic year.

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

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 69436 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

69436.  

(a) A student who was not awarded a Cal Grant A or
4B award pursuant to Article 2 (commencing with Section 69434)
5or Article 3 (commencing with Section 69435) at the time of his
6or her high school graduation but, at the time of transfer from a
7California community college to a qualifying baccalaureate
P3    1program, meets all of the criteria set forth in subdivision (b), shall
2be entitled to a Cal Grant A or B award.

3(b) Any California resident transferring from a California
4community college to a qualifying institution that offers a
5baccalaureate degree is entitled to receive, and the commission,
6or a qualifying institution pursuant to Article 8 (commencing with
7Section 69450), shall award, a Cal Grant A or B award depending
8on the eligibility determined pursuant to subdivision (c), if all of
9the following criteria are met:

10(1) A complete official financial aid application has been
11submitted or postmarked pursuant to Section 69432.9, no later
12than the March 2 of the year immediately preceding the award
13year.

14(2) The student demonstrates financial need pursuant to Section
1569433.

16(3) The student has earned a community college grade point
17average of at least 2.4 on a 4.0 scale and is eligible to transfer to
18a qualifying institution that offers a baccalaureate degree.

19(4) The student’s household has an income and asset level not
20exceeding the limits set forth in Section 69432.7.

21(5) The student is pursuing a baccalaureate degree that is offered
22by a qualifying institution.

23(6) He or she is enrolled at least part time.

24(7) The student meets the general Cal Grant eligibility
25requirements set forth in Article 1 (commencing with Section
2669430).

27(8) The student will not be 28 years of age or older by December
2831 of the award year.

29(9) The student graduated from a California high school or its
30equivalent during or after the 2000-01 academicbegin delete year.end deletebegin insert year, or
31was a California resident, as determined pursuant to Article 5
32(commencing with Section 68060) of Chapter 1 of Part 41, on his
33or her 18th birthday. A student may verify that he or she satisfies
34the requirements of this paragraph by the presentation of
35documents that may include, but not necessarily be limited to, a
36California driver’s license, California identification card, high
37school transcript, or records of a judicial proceeding.end insert

38(10) (A) Except as provided for in subparagraph (B), the student
39attended a California community college in the academic year
P4    1immediately preceding the academic year for which the award will
2be used.

3(B) A student otherwise eligible to receive an award pursuant
4to this section, who attended a California community college in
5the 2011-12 academic year, may use the award for the 2012-13
6and 2013-14 academic years.

7(c) The amount and type of the award pursuant to this article
8shall be determined as follows:

9(1) For applicants with income and assets at or under the Cal
10Grant A limits, the award amount shall be the amount established
11pursuant to Article 2 (commencing with Section 69434).

12(2) For applicants with income and assets at or under the Cal
13Grant B limits, the award amount shall be the amount established
14pursuant to Article 3 (commencing with Section 69435).

15(d) (1) A student meeting the requirements of paragraph (9) of
16subdivision (b) by means of high school graduation, rather than
17its equivalent, shall be required to have graduated from a California
18high school, unless that California resident graduated from a high
19school outside of California due solely to orders received from a
20branch of the United States Armed Forces by that student or by
21that student’s parent or guardian that required that student to be
22outside of California at the time of high school graduation.

23(2) For the purposes of this article, both of the following are
24exempt from the requirements of subdivision (e) of Section 69433.9
25and paragraph (9) of subdivision (b) of this section:

26(A) A student for whom a claim under this article was paid prior
27to December 1, 2005.

28(B) A student for whom a claim under this article for the
292004-05 award year or the 2005-06 award year was or is paid on
30or after December 1, 2005, but no later than October 15, 2006.

31(3) (A) The commission, or a qualifying institution pursuant
32to Article 8 (commencing with Section 69450), shall make
33preliminary awards to all applicants currently eligible for an award
34under this article. At the time an applicant receives a preliminary
35award, the commission, or a qualifying institution pursuant to
36Article 8 (commencing with Section 69450), shall require that
37applicant to affirm, in writing, under penalty of perjury, that he or
38she meets the requirements set forth in subdivision (e) of Section
3969433.9, paragraph (9) of subdivision (b) of this section, and
40paragraph (1) of this subdivision. The commission, or a qualifying
P5    1institution pursuant to Article 8 (commencing with Section 69450),
2shall notify each person who receives a preliminary award under
3this paragraph that his or her award is subject to an audit pursuant
4to subparagraph (B).

5(B) The commission shall select, at random, a minimum of 10
6percent of the new and renewal awards made under subparagraph
7(A), and shall require, prior to the disbursement of Cal Grant funds
8to the affected postsecondary institution, that the institution verify
9that the recipient meets the requirements of subdivision (e) of
10Section 69433.9, paragraph (9) of subdivision (b) of this section,
11and paragraph (1) of this subdivision. An award that is audited
12under this paragraph and found to be valid shall not be subject to
13a subsequent audit.

14(C) Pursuant to Section 69517.5, the commission shall seek
15repayment of any and all funds found to be improperly disbursed
16under this article.

17(D) On or before November 1 of each year, the commission
18shall submit a report to the Legislature and the Governor including,
19but not necessarily limited to, both of the following:

20(i) The number of awards made under this article in the
21preceding 12 months.

22(ii) The number of new and renewal awards selected, in the
23preceding 12 months, for verification under subparagraph (B), and
24the results of that verification with respect to students at the
25University of California, at the California State University, at
26independent nonprofit institutions, and at independent for-profit
27institutions.

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28

SECTION 1.  

Section 69436 of the Education Code is amended
29to read:

30

69436.  

(a) A student who was not awarded a Cal Grant A or
31B award pursuant to Article 2 (commencing with Section 69434)
32or Article 3 (commencing with Section 69435) at the time of his
33or her high school graduation but, at the time of transfer from a
34California community college to a qualifying baccalaureate
35program, meets all of the criteria set forth in subdivision (b), shall
36be entitled to a Cal Grant A or B award.

37(b) Any California resident transferring from a California
38community college to a qualifying institution that offers a
39baccalaureate degree is entitled to receive, and the commission,
40or a qualifying institution pursuant to Article 8 (commencing with
P6    1Section 69450), shall award, a Cal Grant A or B award depending
2on the eligibility determined pursuant to subdivision (c), if all of
3the following criteria are met:

4(1) A complete official financial aid application has been
5submitted or postmarked pursuant to Section 69432.9, no later
6than the March 2 of the year immediately preceding the award
7year.

8(2) The student demonstrates financial need pursuant to Section
969433.

10(3) The student has earned a community college grade point
11average of at least 2.4 on a 4.0 scale and is eligible to transfer to
12a qualifying institution that offers a baccalaureate degree.

13(4) The student’s household has an income and asset level not
14exceeding the limits set forth in Section 69432.7.

15(5) The student is pursuing a baccalaureate degree that is offered
16by a qualifying institution.

17(6) He or she is enrolled at least part time.

18(7) The student meets the general Cal Grant eligibility
19requirements set forth in Article 1 (commencing with Section
2069430).

21(8) The student will not be 30 years of age or older by December
2231 of the award year.

23(9) (A) Except as provided for in subparagraph (B), the student
24attended a California community college in the academic year
25immediately preceding the academic year for which the award will
26be used.

27(B) A student otherwise eligible to receive an award pursuant
28to this section, who attended a California community college in
29the 2011-12 academic year, may use the award for the 2012-13
30and 2013-14 academic years.

31(c) The amount and type of the award pursuant to this article
32shall be determined as follows:

33(1) For applicants with income and assets at or under the Cal
34Grant A limits, the award amount shall be the amount established
35pursuant to Article 2 (commencing with Section 69434).

36(2) For applicants with income and assets at or under the Cal
37Grant B limits, the award amount shall be the amount established
38pursuant to Article 3 (commencing with Section 69435).

P7    1(d) (1)  For the purposes of this article, both of the following
2are exempt from the requirements of subdivision (e) of Section
369433.9:

4(A) A student for whom a claim under this article was paid prior
5to December 1, 2005.

6(B) A student for whom a claim under this article for the
72004-05 award year or the 2005-06 award year was or is paid on
8or after December 1, 2005, but no later than October 15, 2006.

9(2) (A) The commission, or a qualifying institution pursuant
10to Article 8 (commencing with Section 69450), shall make
11preliminary awards to all applicants currently eligible for an award
12under this article. At the time an applicant receives a preliminary
13award, the commission, or a qualifying institution pursuant to
14Article 8 (commencing with Section 69450), shall require that
15applicant to affirm, in writing, under penalty of perjury, that he or
16she meets the requirements set forth in subdivision (e) of Section
1769433.9 and paragraph (1) of this subdivision. The commission,
18or a qualifying institution pursuant to Article 8 (commencing with
19Section 69450), shall notify each person who receives a preliminary
20award under this paragraph that his or her award is subject to an
21audit pursuant to subparagraph (B).

22(B) The commission shall select, at random, a minimum of 10
23percent of the new and renewal awards made under subparagraph
24(A), and shall require, prior to the disbursement of Cal Grant funds
25to the affected postsecondary institution, that the institution verify
26that the recipient meets the requirements of subdivision (e) of
27Section 69433.9 and paragraph (1) of this subdivision. An award
28that is audited under this paragraph and found to be valid shall not
29be subject to a subsequent audit.

30(C) Pursuant to Section 69517.5, the commission shall seek
31repayment of any and all funds found to be improperly disbursed
32under this article.

33(D) On or before November 1 of each year, the commission
34shall submit a report to the Legislature and the Governor including,
35but not necessarily limited to, both of the following:

36(i) The number of awards made under this article in the
37preceding 12 months.

38(ii) The number of new and renewal awards selected, in the
39preceding 12 months, for verification under subparagraph (B), and
40the results of that verification with respect to students at the
P8    1University of California, at the California State University, at
2independent nonprofit institutions, and at independent for-profit
3institutions.

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