Amended in Senate August 16, 2016

Amended in Senate June 20, 2016

Amended in Assembly January 13, 2016

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.

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.

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.

This billbegin delete wouldend deletebegin insert would, commencing with the 2017-18 academic year,end insert exempt a student from the requirement that the student graduate from a California high school or its equivalent if he or she did not graduate from high school or its equivalent and was a California resident, as determined pursuant to specified provisions of law, on his or her 18th birthday.

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

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

P2    1

SECTION 1.  

Section 69436 of the Education Code is amended
2to read:

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
8program, meets all of the criteria set forth in subdivision (b), shall
9be entitled to a Cal Grant A or B award.

10(b) Any California resident transferring from a California
11community college to a qualifying institution that offers a
12baccalaureate degree is entitled to receive, and the commission,
13or a qualifying institution pursuant to Article 8 (commencing with
14Section 69450), shall award, a Cal Grant A or B award depending
15on the eligibility determined pursuant to subdivision (c), if all of
16the following criteria are met:

17(1) A complete official financial aid application has been
18submitted or postmarked pursuant to Section 69432.9, no later
19than the March 2 of the year immediately preceding the award
20year.

21(2) The student demonstrates financial need pursuant to Section
2269433.

23(3) The student has earned a community college grade point
24average of at least 2.4 on a 4.0 scale and is eligible to transfer to
25a qualifying institution that offers a baccalaureate degree.

P3    1(4) The student’s household has an income and asset level not
2exceeding the limits set forth in Section 69432.7.

3(5) The student is pursuing a baccalaureate degree that is offered
4by a qualifying institution.

5(6) He or she is enrolled at least part time.

6(7) The student meets the general Cal Grant eligibility
7requirements set forth in Article 1 (commencing with Section
869430).

9(8) The student will not be 28 years of age or older by December
1031 of the award year.

11(9) The student graduated from a California high school or its
12equivalent during or after the 2000-01 academic year.

13(10) (A) Except as provided for in subparagraph (B), the student
14attended a California community college in the academic year
15immediately preceding the academic year for which the award will
16be used.

17(B) A student otherwise eligible to receive an award pursuant
18to this section, who attended a California community college in
19the 2011-12 academic year, may use the award for the 2012-13
20and 2013-14 academic years.

21(c) The amount and type of the award pursuant to this article
22shall be determined as follows:

23(1) For applicants with income and assets at or under the Cal
24Grant A limits, the award amount shall be the amount established
25pursuant to Article 2 (commencing with Section 69434).

26(2) For applicants with income and assets at or under the Cal
27Grant B limits, the award amount shall be the amount established
28pursuant to Article 3 (commencing with Section 69435).

29(d) (1) A student meeting the requirements of paragraph (9) of
30subdivision (b) by means of high school graduation, rather than
31its equivalent, shall be required to have graduated from a California
32high school, unless that California resident graduated from a high
33school outside of California due solely to orders received from a
34branch of the United States Armed Forces by that student or by
35that student’s parent or guardian that required that student to be
36outside of California at the time of high school graduation.

37(2) For the purposes of this article, all of the following are
38exempt from the requirements of subdivision (e) of Section 69433.9
39and paragraph (9) of subdivision (b) of this section:

P4    1(A) A student for whom a claim under this article was paid prior
2to December 1, 2005.

3(B) A student for whom a claim under this article for the
42004-05 award year or the 2005-06 award year was or is paid on
5or after December 1, 2005, but no later than October 15, 2006.

6(C) begin deleteA end deletebegin insertCommencing with the 2017-18 academic year, a end insertstudent
7who did not graduate from high school or its equivalent and was
8a California resident, as determined pursuant to Article 5
9(commencing with Section 68060) of Chapter 1 of Part 41, on his
10or her 18th birthday.

11(3) (A) The commission, or a qualifying institution pursuant
12to Article 8 (commencing with Section 69450), shall make
13preliminary awards to all applicants currently eligible for an award
14under this article. At the time an applicant receives a preliminary
15award, the commission, or a qualifying institution pursuant to
16Article 8 (commencing with Section 69450), shall require that
17applicant to affirm, in writing, under penalty of perjury, that he or
18she meets the requirements set forth in subdivision (e) of Section
1969433.9, paragraph (9) of subdivision (b) of this section, and
20paragraph (1) of this subdivision. The commission, or a qualifying
21institution pursuant to Article 8 (commencing with Section 69450),
22shall notify each person who receives a preliminary award under
23this paragraph that his or her award is subject to an audit pursuant
24to subparagraph (B).

25(B) The commission shall select, at random, a minimum of 10
26percent of the new and renewal awards made under subparagraph
27(A), and shall require, prior to the disbursement of Cal Grant funds
28to the affected postsecondary institution, that the institution verify
29that the recipient meets the requirements of subdivision (e) of
30Section 69433.9, paragraph (9) of subdivision (b) of this section,
31and paragraph (1) of this subdivision. An award that is audited
32under this paragraph and found to be valid shall not be subject to
33a subsequent audit.

34(C) Pursuant to Section 69517.5, the commission shall seek
35repayment of any and all funds found to be improperly disbursed
36under this article.

37(D) On or before November 1 of each year, the commission
38shall submit a report to the Legislature and the Governor including,
39but not necessarily limited to, both of the following:

P5    1(i) The number of awards made under this article in the
2preceding 12 months.

3(ii) The number of new and renewal awards selected, in the
4preceding 12 months, for verification under subparagraph (B), and
5the results of that verification with respect to students at the
6University of California, at the California State University, at
7independent nonprofit institutions, and at independent for-profit
8institutions.



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